ACTS and Rules                                     Index of Directives and Circulars/Notifications 2001

Directives and Circulars/Notifications 2001

-  Norms prescribed for allotment of flats by Societies on completion of 70% of works

 

OFFICE OF THE

Registrar Cooperative Societies (Delhi Admn.)

COURTS BUILDING, PARLIAMENT STREET,

NEW DELHI-110001

 

F.No. 20 (140)/83-84/DCHFS                                                                                                                                                     Dated 30.1.1984

 

Extract of Decision taken by DDA for Group Housing Cooperatives

1. Allotment of Flats to members of Cooperative Group Housing Societies on the basis of a new concept of Habitable Dwelling Unit with bare basic necessities.

(a)   The concept of the Habitable unit with bare basic necessities as envisaged by the Board of Directors of the DOHES in its Board Meeting held on 25.5.1983 incorporates a provision that if in a group housing project structure be ready sewerage and water connection sanitary fittings and electric points are provided and if society obtains C & D forms from D.D.A. the eligible members be allowed to occupy flats. Remaining work like wood work distemper etc. can be undertaken by members in due course.

(b)   In the Group Housing Societies, now flats can be allotted to the eligible members verified by the Registrar, Cooperative Societies, Delhi if the struc­ture of the buildings of society is completed and 70% of the work of the project is completed However, in the draw as per directive of Registrar, Cooperative Societies if a member is even in default in respect of a single paisa he may not be allowed to participate in it.

(c)   Now members will be allowed to occupy the flats in the group housing society after issue of C & D forms by the D.D.A.

 

2.     Penalty for belated construction from Group Housing Societies.

        All the pre 1979 Cooperative Group Housing Societies may be allowed to complete construction upto 31.3.1985 or within a period of 4 years from the date of taking over possession of site which ever is later, without payment of any penalty for belated construction. Further, extension of time will be subject to payment of penalty for belated construction at the prescribed rates.

 

Yours faithfully

 

Sd/­

(SANAT KAUL)

Registrar

Cooperative Societies, Delhi Admn.

 

 

-  Reservation of flats for Handicapped members

 

OFFICE OF THE

Registrar Cooperative Societies (Delhi Admn.)

COURTS BUILDING, PARLIAMENT STREET,

NEW DELHI – 110001

 

No.F-47/Misc./84/NGH/Coop:/666                                                                                                                                           Dated 25.4.1985

 

(To be published in Delhi Gazette Part-IV)

 

Sub. Directive under Rule 77 Delhi Coop. Societies Rules, 1973

Whereas number of representations have been received in this office from physical handicapped persons who have acquired membership of different Coop­erative G/H Societies representing that keeping in view their physical disablement suitable direction may be issued to the societies to make reservation of certain flats on the ground floor for this category of persons.

These representations have been carefully considered and it has been decided from the date of issue of this notification, every Cooperative Group Housing Society shall be obliged to reserve 1 % of the ground floor flats for physically handicapped members or their dependents of the concerned Cooperative Society.

Now therefore, I SANAT KAUL, Registrar Cooperative Societies in exercise of the powers vested in me under Rule 77 in Delhi Cooperative Societies Rules, 1973 in the interest of successful conduct of the business of the Group Housing Societies do hereby direct that all Cooperative Group Housing Societies shall from the date of issue of this notification make reservation not exceeding 1 % of the ground floor flats for the physically handicapped members including their dependents; if any. Such of the members as claim to be covered under this special provision for allotment will be required to make written application to the Managing Committee with supporting certificates. The Managing Committee will consider such request on merits and shall place its report regarding allotment against reserved flats. The allotment will become effective only after General Body in its sitting has approved the allotment.

 

Sd-/­

(SANAT KAUL)

Registrar

Cooperative Societies, Delhi Admn.

 

 

-  Verification of Membership for allotment of flats/Procedure

 

OFFICE OF THE

Registrar Cooperative Societies (Delhi Admn.)

COURTS BUILDING, PARLIAMENT STREET,

NEW DELHI-110001

 

No. 4 7/Veri/G/H/Coop./81                                                                                                                                                            Dated : 31.5.1984

 

Sub:  Directive under Rule 77 to all Group Housing Societies for verification of membership of Cooperative Group Housing Societies for allotment of flats.

 

Dear Sir,

        A number of Societies have informed this office that they have almost completed the construction of flats and have requested that they should be permitted to allot the flats to their members. In order to streamline the process of allocation a directive under Rule 77 of the Delhi Cooperative Societies Rules, 1973 is hereby issued.

2.   During the period from allotment of land to completion of construction of flats, some members have either resigned or have been   expelled by the society or acquired property in the Union Territory of Delhi through allotment, gift or transfer. It is, therefore, necessary that the membership of each and every society be verified once again before the allotment of flats is made to the members. It is directed that the allotment of flats shall be held by the D. D.A. through draw of lots and no society shall allot the flats itself. After clearing the list of members by the Cooperative Department, the D.D.A in consultation with the office bearers of the society shall fix the date, time and place of draw and would intimate the same to the Society and the Registrar. The draw shall be held in the presence of the office bearers and members of the society and the representative of the Registrar Cooperative Societies should also be invited.

3.   The D.D.A. has allotted the land to the societies @ 50/60 members per acre. There may be some cases where the number of flats may be less than the number for which land was allotted by D.D.A. this would not be correct and the society will have to take corrective action.

4.      The societies are therefore, requested to submit the lists in three sets in

 

 

OFFICE OF THE REGISTRAR COOPERATIVE SOCIETIES

GOVT. OF N.C.T. OF DELHI

Old Courts Building, Parliament Street

NEW DEIHI-0l

 

No. F47/96/PoIicy/R. C.S/99-2000/1957- 1958                                                                                                                   Dated  : 30/5/2000

 

Sub:  Directive under Rule 77 of Delhi Cooperative Societies Rules, 1973 Regarding Membership of the Cooperative Group Housing  Societies Before draw of lots for allotment of flats.

 

It has been observed that proposals are received from various Cooperative Group Housing Societies for clearance of membership of such societies for allotment of flats with­out information and documentary proof in support of the relevant parameters and necessary pre-requisites for clearance.

Now therefore, I, R.K. SR4VASTAVA, Registrar Cooperative Societies in exercise of powers vested in me under Rule 77 in Delhi Cooperative Societies Rules, 1973 do hereby direct all the Cooperative Group Housing Societies awaiting clearance of membership for draw for allotment to provide the following information/documents alongwith their proposals for clearance of members:

1.  Freeze strength of the Society

The approved freeze strength must be given alongwlth date of its approval and also the details if the freeze strength has been increased in view of the increased FAR and the date of such approval given by the Registrar Cooperative Societies office.

2.  Resignation and Enrolment

Quite often the resignations in bulk for past several years at one go are approved by the society whereas the society must periodically take the approval for all resigna­tions and enrolment cases. The society must comply with the procedure for accep­tance of resignations and fresh enrolments as per directive No.3(1 )/S,VI/Legal/975-N981 -A dated 17.6.86. The societies must refund the money to resigning members through account payee cheque only and enclose proof thereof. The society must clearly state if any enrolment was made within 30 days of holding Annual General Body Meeting in any of the cooperative years.

3. Transfer Cases

Transfer of membership of Coop. Group Hosing Societies is permissible only in the first degree blood relation. The society must certify that all transfer cases are within first degree blood relation and affidavits of both the transferor and transferee arid proof of their blood relation should be filed. Apart from this, both the transferor and transferee must affirm that on the date of becoming member, the transferor did not acquire any residential property in Delhi and similarly the transferee should affirm that before accepting the transfered membership, he/she had not owned and does not own any residential property in Delhi and had also not transferred any residential property in Delhi to any other person.

4. Election

The society must clearly state the date of last election and also indicate whether any dispute against such election is pending before any arbitration authority/court. If so, then the details thereof be given.

5. Audit position

As per the provision of Section 29(1) of the Delhi Co-operative Societies Act, 1972 for every completed accounting year, an Annual General Meeting has to be called by 31st October of the succeeding financial year to adopt the accounts of that year. Society’s proposal should clearly indicate whether the society has complied with this requirement or If at all the Annual General Meeting was held beyond such stipu­lated dat9, whether any permission as required under the provisions of law was obtained from the Registrar Cooperative Societies.

6. Annual General Body Meeting/Special General Body Meeting

It should be clearly spelt out that the society had called Annual General Body Meet­ing/Special General Body Meeting in view of the provision of Section 29 and 30 of the Delhi Cooperative Societies Act, 1972

7. Architect’s Certificate

The Architects Certificate should be placed on record regarding of construction and In no case where construction is not complete upto 90% and so certified by the Architect, the proposal be submitted for clearance. Where ever the society has got more than 4 storeyed construction, a certificate from the Architect that the requisite number of lifts have been installed, should also be invariably obtained and submitted.

8.  From C&D from DA

Quite often incomplete flats with incomplete services are handed over to the mem­bers. In order to avoid hardship to members no, proposal  where Form C&D have not been obtained should be submitted for clearance.

9. Loan position

In case of loanee members, No Dues Certificate (as on date) from DCHFC or other financial institutions, if any, should be submitted along with the proposal.

10. Expulsion Cases

    Expulsion cases should be separately reported regarding their tendency in the court of the Registrar Cooperative Societies and in other superior court along with the date of the orders of approval given by the Registrar Cooperative Societies. The details enrolment made by the society against such expulsion cases should be dearly specified.

11.  Category of flats

The society must clearly state that the individual affidavits have been obtained from the members in terms of the directive issued u/r 77 vide No.47Nerif/GH/Coop/81 dated 7.11.85. It should also be clarified If there are any disputes relating to category of flats and details of such cases whether pending for adjudication/arbitration.

12.   Court cases/complaints

        The society clearly certify the details of pending court cases. if any, or the major complaints, If any, and their status.

13.   Individual Affidavits

        The individual affidavits from the members must be submitted that they have not incurred any disqualification at the time of clearance of    their membership.

14.   Vacancy

The vacancy position has to be clearly indicated as on the date of submission of proposal for clearance which would form the basis for examination of any pending proposal for clearance subsequently.

15.   Details of detained cases

The details of all cases where the society has not proposed for clearance of mem­bership for allotment on account (a) members being defaulter (b) non-submission of affidavit and other documents, (c) on account of court cases should be clearly specified In the proposal. If any flats are reserved as per court orders the society should dearly Indicate the ~1at numbers reserved on this account.

16.   Affidavit to be signed by the President of the Cooperative Group Housing Society for verlficatlon of list of members for allotment of flats as per directive No.47NerifIGH/ Coop/B 1 date~ 7.11.1985 should be complete in all respects and in no case should contain any annexure.

17.   All previous directive issued on the subject shall stand modified to the extent indi­cated in this directive.

 

Sd/-

(R.K.SRIVASTAVA)

Registrar Cooperative societies

The Presidents/Secretaries

All Cooperative/Group Housing Societies,

No. F.47/96/Policy/F .CS/99-2000/1 958

Copy forwarded to:

CED, Delhi State Coop. Union Ltd.

31 ,Netaji Subhash Marg., Daryaganj

Delhi -- with request to publish in

“SEHKARI PATRIKA”

Sd/-

(M.D. SHARMA)

Asst. Registrar (Policy)

 

The prescribed proforma at Annexure ‘A’ together with affidavits of each member on the prescribed form at Annexure ‘B’ the list of resigned/expelled cases at Annexure ‘C’. At the end of each Annexu re, the flowing certificate shall be recorded and signed by the President/Vice-President and the Secretary. In addition to this, the Society shall also submit a certificate from the Architect, stating the number of flats and 70% of the construction of each flat has already been completed, and a certificate from the financing institution to the effect that the society has repaid the loan instalments upto date and is not a defaulter. In the case of defaulter members, the names will be with held for purpose of draw of allotment.

3.  The verification of membership by the Cooperative Department shall be taken up in the following order

(i)   The freeze list names upto 31 .5.81 shall be considered first and cleared.

(ii)  The transfer cases shall be considered. The transfer is allowed only in 1st degree blood relations.

(iii) Members enrolled upto 31.5.81 (freeze date) but not included in the freeze list.

(iv) Members enrolled after 31 .5.81.

 

Sd/-

(SANAT KAUL)

Registrar

Cooperative Societies, Delhi Admn.

Delhi.

Copy forwarded to

1. Shri S.P.Marwah, Director (Group Housing), D.D.A. Vikas Minar.

2. General Manager, DCHFS, 15/16, Janpath Lane, New Delhi.

3.  All Gazetted Officers in the Office of the Registrar Cooperative Societies for information and necessary action.

4.  Editor, Sahkari Magazine, for publication.

5.  Notice Board.

 

Sd/­

(SANAT KAUL)

Registrar

Cooperative Societies, Delhi Admn.

Delhi

 

Annexure ‘A’

List of Members for Verification of ……………………………………….

Cooperative Group Housing Society Ltd. for Allotment of Flats

SI.                Membership     Name of the      Age                Fathers/Husband’s   Address as per

No.                   No.                        Member                                              Name                     Membership

                                                                                                                         Registrar

1                                 2                                3                   4                             5                                                   6

Occupation   Date of application   Date & No.of           Date & amount of payment

                    for seeking               Resolution of

                    Membership            M. C.allowing            Date                         Admission

                                                   him to be a                                                Fee

                                                   Member

7                    8                            9                               10                              11

    Payment towards land/flat etc                       Whether prescribed

                                                                      affidavit has been                      REMARKS

Share        Land           Flat      Total                  filled in or not

Money      money

12            13               14          15                       16                                          17

 

CERTIFICATE

 

This is to certify that the list of members before submission has been considered by the Managing Committee and we have been authorised by the Managing Committee to submit the list in the Office of the Registrar Cooperative Societies. It is further certified that all the members have been enrolled in accordance with the provision of the Delhi Cooperative Societies Act, 1972 and the Delhi Cooperative Societies Rules, 1973 made there under and the Registered Bye-laws. It is also certified that the information given in the above list is as per record -of the society and nothing therein, has been concealed/committed/misrepresented.

(                                  )                                                    (                               )                                                                     (                                  )

PRESIDENT                                                            VICE-PRESIDENT                                                                  SECRETARY

 

Annexure ‘B’

Draft Affidavit to be signed by the President/Vice-President,

Secretary of the Cooperative Group Housing Society for

purposes of submitting list of members for allotment of land

 

AFFIDAVIT

                  I ……………………………………………………………………………… S/o, W/o, D/o

Shri ……………………………………… R/o …………………………………………………………………

……………………………………… is the Honorary President ………………………………………

Vice-President/Secretary of the ……………………………………… Cooperative Group Housing,
Society Ltd ………………………………………, Delhi do hereby solemnly affirm and declare as under:

1.             That all the members of our society have been enrolled as per provisions of the Delhi Cooperative Societies Act, & Rules framed there under and the Bye-laws of the Society.

2.            That all the particulars mentioned in the prescribed proforma of the membership list submitted to the Registrar Cooperative Societies have been scrutinised by the Managing Committee and are corrected as per books and records of our society.

3.            That all the affidavits of the individual members have been scrutinised and including the following particulars which are found in order:

(i) ‘That I am a promoter member of the ……………………………………… Cooperative Group Housing Society (Proposed) in accordance with the Delhi Cooperative Societies Rules, Act & Bye-laws. As I am a resident of Union Territory of Delhi and none of the promoter of this society related to me as defined in Section 5 of the Delhi Cooperative Societies Act, 1972.

 

OR

“I hold valid membership of  ……………………….. Cooperative Group Housing Society Ltd., in accordance with the Delhi Cooperative Societies Act, Rules & Bye-Laws. My membership No. is I have not undergone any disqualification in respect of my membership.”

(ii) ‘That neither I nor my husband/wife nor any of my dependent relations (including unmarried children) during the period of my membership of this society has been a member of any. other House Building Cooperative Society Group/Housing Cooperative Society functioning in the Union Territory of

Delhi.”

(iii) ‘That neither I nor my husband/wife nor any of my dependent relations (including unmarried children) during the period of my membership of this society has owned either in full or in part, on lease hold or free hold basis, any of land or a house in the Union Territory of Delhi.”

(iv) “That I will inform within one month the said society as well as the Lt. Governor, Delhi, if any plot of land or house is acquired by me or by my wife or any of my dependent relation, (including unmarried children).”

(v) ‘That neither I nor my wife is a member of Hindu Undivided Family which owns either in full or in part, on lease hold or free hold basis any plot of land or a house in the Union Territory of Delhi.”

 

DEPONENT

 

VERIFICATION:

            I, the above said ………………………………….. do hereby solemnly affirm and declare that the contents of the above paras are correct and true to the best of my knowledge .and belief and nothing has been concealed or suppressed.

Verified at Delhi on this …………………………………..day of …………………………………..

Dated:

Delhi/New Delhi

 

DEPONENT

 

Annexure ‘C’

Individual Details of the Expelled Members

SI.

Membership

Name of the

Father’s/Husband’s              Present Address

No.

 

No.

Member

Name

 

 

1

2

 

3

4

5

 

 

 

Total Amount           Total Amount Total Amount Date of notices with mode of service

called for                         paid                               Due                         1st                         lInd                    Final

6                                         7                                    8                               9                            10                       11

 

Date of General Body Meeting

Remarks

12

13

 
Annexure ‘C’

 

Individual Details of Members who Resigned

PROFORMA

 

SI.

Membership

Name of the

Fathers/Husband’s

Date of

No.

No.

member

Name

Submission

 

 

 

 

of resignation

1

2

3

4

5

 

 

 

 

 

 

Date of

Date of

 

 

 

resolution of

refund of

 

 

 

the Managing

share money

REMARKS

 

 

Committee

& deposits

 

 

 

accepting the

 

 

 

 

resignation

 

 

 

 

6

7

8

 

Below this list a certificate should also be given by a duly authorised office bearer of the society in the following words :

This is to certify that the above members from SI. No. 1 to    had resigned from the membership of the society on the dates shown against each and the M.C. has accepted resignations on the dates shown in Column No. 6. These members have been refunded their share-money on the dates shown in Column No. 7. Records of the resignation letter and proceeding register showing the resolution and cash book showing the date of refunds are in the possession of the Secretary of the Society.

We have been authorised by the Managing Committee to send this list and information to the Registrar Cooperative Societies. Nothing in the list has been concealed and omitted.

Representative of’ the Society

(President/Secretary)

 

 

-  Regularization of Draw of Lots by Co-op.

 

OFFICE OF THE REGISTRAR

COOPERATIVE SOCIETIES GOVT. OF NCT OF DELHI

OLD COURT’S BUILDING, PARLIAMENT STREET, NEW DELHI

DELHI DEVELOPMENT AUTHORITY

 

Regularization of Draw of Lots

 

No. F2(’29,)/94/GH/DDA’225                                                                                                                                                     Dated: 2.2.96

OFFICE ORDER

It has been observed that few Cooperative Group Housing Societies had conducted draw of lots for the allotment of flats to their members on their own, which was in violation of ROS norms/directives. Such draws have not been confirmed/regularised by DDA and the matter has been pending since long.

Vice-Chairman, DDA has been pleased to lay down a policy to regularise/confirm such draws, subject to the conditions that the concerned societies submit the following documents:

(i) Result sheet of draw of lots alongwith a list of members duly verified by Registrar Coop. Societies.

(ii)   Attested copy of form D’ or occupancy certificate issued by DDA.

(iii)  Receipt of payment of upto date ground rent and other dues, if any, as may be payable.

(iv)  Third copy of challan against deposit of Rs. 1000/- (Rupees one thousand only) per flat, in the authorised branch of State Bank of India and Central Bank of India as a token of penalty for the said violation of the prescribed procedure by conducting draw on their own.

After submission of above documents, regularisation of draw shall be processed in respect of concerned societies.

Sd/-

Commissioner (Housing)

Copy for favour of information

1.     Principal Commissioner/DDA

2.     Finance Member/DDA

3.     O.S.D. to V.C./DDA

4.     ROS, govt. of NCT of Delhi.

5.     Director (RL)/DDA

6.     Director (Bldg.)/DDA

7.     Director (L.C.)/DDA

8.     J.D. (GH)/DDA

9.     Concerned Societies.

10.   Notice Board/DDA.

 

-  Regularization of Draw of Lots by Co-op.

 

OFFICE OF THE REGISTRAR

COOPERATIVE SOCIETIES GOVT. OF NCT OF DELHI

OLD COURT’S BUILDING, PARLIAMENT STREET, NEW DELHI

 

Draw of Lots

 

No. F.36/PoIicy/RCS/1289                                                                                                                                                                                                                                                                                                                                                                                                                    Dated:- 13/3/96

 

CIRCULAR

You are aware that some of the cooperative group housing societies have conducted the draw of lots of flats themselves without consulting/involving the office of the Registrar, Cooperative Societies and the DDA and in some cases the group housing societies have also conducted their draw even without the verification of membership by this Department. In such case the required action under the OCS Act. 1972 and Rules there under has already been taken against the M.C. of the society for violation of the directive issued by this office under Rule 77 of DCS Rules, 1973. However, in order to finalise the matter and also with a view to see that innocent members of these societies do not face problems on the execution of the sub-lease deed of their flats by the DDA in their favour, It has been decided that all such societies be asked to take the following action immediately so that their cases may be forwarded to DDA for consideration and regulansation of allotment of flats:

i)      In the case where the society has conducted the draw of lots without getting Its membership verified/cleared by the Department, the society should submit the requisite documents required for the clearance of membership Including the affidavits so that the names of the members may be considered for clearance. After the Clearance the allotments will have to be ratified by the G.B.

ii)     In the cases where the society has conducted the draw on Its own after clearance of membership by the Registrars Office, the society may be asked to produce a general body resolution ratifying the allotment and Individual NOCs from the members; as well as an under taking from the management of the society that there in no complaint from any of the members about the procedure adopted In conduction the draw.

In both the above categories, a certificate from the society that upto date audits have been conducted.

This is a one time relaxation given to the societies who have already conducted the draw on their own, However, the D.Rs/A.Rs may ensure that In case any more society commits such an irregularity, lmmedlatraction may be taken against them In consultation with the DDA.

 

Sd/-

(GITA SAGAR)

REGISTRAR, COOPERATIVE SOCIETIES

1.     J.Rs

2.     D.Rs

3.     ARs

 

-  Insurance by Group Housing Societies

 

OFFICE OF THE

Registrar Cooperative Societies [Delhi Admn.]

OLD COURTS BUILDING, PARLIAMENT STREET,

NEW DELHI - 110 001

 

F.No. PA/RCS/                                                                                                                                                                                                                                                                                                                                                                                                                                             Dated:16.7.1985

 

Sub. :              Directive under Rule 77 of Delhi Cooperative Societies Rules, 1973 for compulsory General Insurance of the Building.

National Coop. Housing Federation of India Ltd. has finalised a Master Policy with United India Insurance Company Ltd. for purposes of insuring buildings of Cooperative Housing Societies all over India. This Master Policy covers the following Ten Risks

1.     Fire

2.     Earth Quake

3.     Riot

4.     Strike

5.     Malicious Damage

6.     Aircraft Damage

7.     Flood & Storm

8.     Burglary/Housing breaking cover for fixtures like fans and sanitary fittings on a flat basis of Rs. 2,000/- per flat/house.

9.     Third Party liability for a sum of Rs. 5,000/-per house/flat.

10.   Domestic Servant liability one for each house/flat.

Taking into account the overall advantages and economy of the Master Policy, I SANAT KAUL, Registrar Cooperative Societies Delhi, in exercise of the powers conferred under Rule 77 of Delhi Cooperative Societies Rules, 1973 hereby direct that all Cooperative Group Housing Societies registered in Delhi, which have completed their construction to get their buildings insured against the above mentioned risks through National Cooperative Housing Federation of India Ltd., M­5, Magnum House-I, Karampura Community Centre, New Delhi-i 10 015. (Phone 544-0037).

 

Sd/­

(SANAT KAUL)

Registrar

Cooperative Societies, Delhi Admn.

 

 

 -  Submission of Affidavits for allotment of flats by Members/Office Bearers

 

OFFICE OF THE

Registrar Cooperative Societies (Delhi Admn.)

COURTS BUILDING, PARLIAMENT STREET,

NEW DELHI - 110 001

 

No.4 7/ VerifiG Hi Coop./81                                                                                                                                                         Dated :7.11.1985

 

Sub. :  Directive under Rule 77 of Delhi Coop. Societies Rules, 1973 in respect verification of membership In a Coop. Group Housing Society for allotment of fiats.

Whereas it has been considered necessary to simplify the procedure regarding verification of list of members of Cooperative Group Housing Society at the time of allotment of flats by the Society to its members.

2.        Now, therefore, in partial modification of this office Directive of even No. Dated 31st May, 1984,1 SANAT KAUL, Registrar, Cooperative Societies, do hereby direct that henceforth the individual affidavits from each member shall not be required to be submitted to this office but shall be retained with the society. Based on the affidavits from members, Scrutiny by the Managing Committee and its resolution for approaching the Registrar for approval of the list of members for allotment of the flats, the Secretary/President shall submit the list of members in Annexure ‘A’ of the earlier Directive (copy enclosed as Annexure ‘A’ of this order for ready reference) alongwith an affidavit in the prescribed form (Annexure ‘B’).

3.        Directions in regard to the procedure to be followed for allotment of flats the order on related matters as contained in earlier Directive of 31st May, 1984 shall remain unchanged.

 

Yours faithfully

 

Sd/­

(SANAT KAUL)

Registrar

Cooperative Societies, Delhi Admn.

Delhi

 

Annexure ‘A’

LIST OF MEMBERS FOR VERIFICATION OF COOPERATIVE GROUP HOUSING SOCIETY LTD., FOR ALLOTMENT OF FLATS

S.No. Membership       Name of the       
                  No. member

1               2                                3

Age         Fathers           Address as per                Occu
                 Husband’s     membership                     pation
                 Name                 register
4               5                          6                                      7

Date of                                     Date &
application                               No. of
for seeking                              resolution
membership                            of M/c all
                                                    owing him
                                                    to be a

Date & amount of payment Date Admission Share
     Fee     Money

Member

 

8        9

10             11             12

Payment towards land/flat etc Land Flat Total money

Whether press                                     Remarks
cnbed affidavit
has been field
or not

13              14            15

16         17

 

CERTIFICATE

This is to certify that the list of members before submission has been considered by the Managing Committee and we have been authorised by the Managing Committee to submit the list in the Office of the Registrar Cooperative Societies. It is further certified that all the members have been enrolled in accordance with the provisions of the Delhi Cooperative Societies Act, 1972 and Delhi Cooperative Societies Rules, 1973 made there under and the registered Bye-laws. It is also certified that the Information given in the above list is as per record of the society and nothing there in has been concealed/omitted/misrepresented.

(                     )                             (                                  )                                  (                                  )

(PRESIDENT)                     (VICE-PRESIDENT)                         (SECRETARY)

Full Name/Signature             Full Name/Signature                               Full Name/Signature

 

 
Annexure ‘A’

(Form of Affidavit to be signed by the Secretary/President of a Cooperative Group Housing Society for verification ~f list of members for allotment of Flats)

AFFIDAVIT

          I ……………………………………………….. S/o, D/o, W/o Shri ………………………… …………………….. R/o ……………………………………………….. Hon. Secy./President of the  ……… ………………………………………..  Cooperative Group Housing Society Ltd …………………………… …………………..do here by solemnly affirm and declare as under:

1.                       That ………………………………………………..Cooperative G/H Society Ltd. (hereinafter referred as the society) is registered under the Delhi Cooperative Societies Act,  1972 vide Registration No                Dated           

                2.       As per freeze list, the society had ………………………………………………..members.

3.                 That the following members (from the freeze list of the newly enrolled members) resigned from the society. Their resignation were accepted by the Managing Committee

S.No.

Name Date of appli- Date of appro- Date of refund Date of

 

Cation for val of M.C. of share money encashment of

 

Resignation             cheque

1

2                  3                                     4                                      5                                               6

 

 

4. That enrolment of the following applicants as member of the society was

 

approved by the Managing Committee from time of time:

S.No

Name & Date of applica- Reasons for Dateof information given

Address                   tion                               refusal                      to the applicant and mode

of communication

Adopted

1

2                                  3                                             4                                         5

 

5.               That the applications of the following persons were rejected by the Managing Committee as they were not found eligible for the reasons indicated against each:

Name &                   Date of applica- Reasons for Date of information given

Address                    tion                               refusal                      to the applicant and mode

of communication

Adopted

2                               3 4                                                                            5

6.             That the following members were expelled from the society after

following due.process of law and seeking approval from the Registrar, Cooperative Societies Delhi.

Membership No.                                     Name of the No. anddate of theorder

Member of the Rcs Approving the

Expulsion

                                            2                                                             3                                                              4

7. That the membership of the following persons was transferred to the following blood relations on account of the reasons stated herein below and it has been verified that the transferee members are not disqualified to be members of the society within the provisions of Cooperative Act/Rules/Bye-laws and the society has also obtained an affidavit from the transferee as referred to in para 8 of this affidavit.

Name of the Name of the Relationship Reason for Date of

Original                   Transferee             with trans- transfer                                resolution

member                                                      fer or                                                           of Managing

Committee

                      2                                3                                          4                        5                                         6

I am a resident of Union Territory of Delhi and none of the promoter of this society related to me as defined in section 5 of the Delhi Cooperative Societies Act,

1972.

OR

            I hold valid membership of ………………………………. Cooperative Group Housing Society Ltd in accordance with Cooperative Societies Act, Rules and Bye-laws. My membership No. is  ……………………………….………………………………. I have not undergone any disqualifi­cation in respect of my membership.

(ii) “That neither I nor my husband/wife or any of my dependent relations (including unmarried children) during the period of my membership of this society has been a member of any other House Building Cooperative Society/Group Housing Cooperative Society functioning in the Union Territory of Delhi”

(iii) ‘That neither I nor my husband/wife or any of my dependent relations (including unmarried children) during the period of my membership of this society has owned either in full or in part, on lease hold or free hold basis any of land or a house in the Union Territory of Delhi”.

‘iv) “That I will inform within one month the said society as well as the Lt. Governor, Delhi, if any plot of land or house is acquired by me or my wife or any of my dependent relation, including unmarried children”.

(v) “That neither I nor my wife is a member of Hindu Undivided Family which owns either in full or in part, on lease hold or free hold basis, any plot of land or a house in the Union Territory of Delhi.

9.              All the documents which have been referred to in this affidavit are in the safe custody of the undersigned and will be produced as and when required by the Registrar, Cooperative Societies or any other person so authorised.

10.           That the Managing Committee in its meeting held on (Date has scruti­nized the relevant records and satisfied itself as to all the members fulfilling the requirements for valid membership under the Delhi Coop­erative Societies Act, 1972 Rules framed there under and the registered Bye-laws of the society. Further the Managing Committee has resolved and authorised the undersigned to execute this affidavit and approach the Registrar Cooperative Societies, Delhi to approve the list of mem­bers for allotment of flats except in the case of following members for the reasons mentioned herein after below:

S.No.

Membership

Name of the

Details of default, litigation or otherwise

 

No.

Member

leading to with holding of allotment

1

2

3

4

Verification

I, the above said deponent do hereby solemnly affirm and declare that the contents of the above paras are correct and true to the best of my knowledge and belief and that nothing has been concealed or suppressed.

            Verified at New Delhi in this ………………………………. day of ……………………………….   199

                                                                                                                                                                 DEPONENT

 

 

 

 

-  Change of Category unilaterly is not allowed

 

OFFICE OF THE REGISTRAR, COOPERATIVE SOCIETIES,

DELHI ADMN. OLD COURTS BUILDING,

PARLIAMENT STREET, NEW DELHI - 110 001.

 

No. F. 47/GH/Coop./2976-3475                                                                                                                                          Dated 22.9.92

 

Subject :- Change of Categories

Complaints have been received from some of the members of Group Housing Societies that the categories opted by the members and accepted by the society is subsequently changed unilaterally without the consent of the members, on the ground such as non-payment of the cost of flats as per demand raised by the society. This action on the part of a society is unlawful. In case of default in payment the society is at liberty to initiate action for expulsion of the member in terms of Rule 36 in addition to charging interest for delayed payment.

Now, I.S.M.S. Chaudhary Registrar, Cooperative Societies in exercise of the powers conferred upon me under Rule 77 of Delhi Cooperative Societies Rules, 1973 do they hereby direct all the Group Housing Societies not to change the category of flats unilaterally. Category once allotted should remain till the allotment of flats.

 

Sd/­-

(S.M.S. CHAUDHARY)

REGISTRAR COOPERATIVE SOCIETIES

 

 

-  Appointment of Expert Committee to investigate quality of work & Judgement of Delhi High Court

 
 
OFFICE OF THE

Registrar Cooperative Societies (Delhi Admn.)

OLD COURTS BUILDING, PARLIAMENT STREET,

NEW DELHI-110 001

 

No. 3(1)/86/Coop./Legal/1930                                                                                                                                                     Dated :14.4.1986

 

Directive under Rules 77 of Delhi Cooperative societies Rules, 1973

Whereas number of complaints have been received in this off ice regarding the appearance of cracks in the Flats of Gasta Cooperative Group Housing Societies Ltd. (here in after referred to as the Society), B-3 Gasta Housing Complex Paschim Vihar, New Delhi - 110063.

And whereas a preliminary inquiry was held on these issues and a prima facie case has been established.

NOW, THEREFORE I, G.P.SEWALIA, Registrar Cooperative Societies, Delhi in exercise of the powers vested in me under Rule 77 of the Delhi Cooperative Societies Rules, 1973 hereby call upon the society to appoint an EXPERT COMMITTEE the terms and scope of which are the follows:

1.     The expert Committee shall comprise of 5 members out of which three are to be nominated by the Society. Two members out of the three to be appointed by the Society may be chosen from the Civil Engineering Department of the I.I.T. Delhi, who possesses experience in the field of material testing, construction etc. and the third member is to be chosen from the School of Architect. The members to be suggested by the Architect and the Contractor of the Society would also be the experts in architectural and construction fields. If the Architect and the Contractor of the Society refuse to suggest the names of the members or refuse to participate in the Enquiry, the Society, may go ahead with Three Members Committee.

2.     The Expert Committee shall be formed and appointed by the Society under intimation to the undersigned, within a period of 10 days from the issue of this directive.

3.     The Expert Committee should submit their report in the office of the undersigned positively within a period of one month from the date of its appointment.

4.     All expenses to be incurred in regard to the Constitution, Working & Management of this Expert Committee shall be met out of the funds of the Society.

5.     The Expert Committee shall ascertain and determine the quality of the material used by the society for construction & erection of Flats of the Society.

7.     The Expert Committee shall determine whether the construction of the society was according to the plans approved by the competent authori­ties.

8.     The Expert Committee shall suggest the remedial measures to be adopted for rectification of the defects/drawbacks if any, in the construc­tion of the Flats of the Society.

9.     The Expert Committee shall ascertain whether it is equitable distribution of areas and judicious use of space amongst the allottees members of the Society.

10.   The Expert Committee shall ascertain/determine the cost of Flats of the Society.

11.   The Expert Committee shall fix the responsibility upon the erring agency i.e. either Managing Committee or the Architect or the Contractor or all of them, in case of detection of any technical & other defects/ drawbacks.

12.   Any other technical and other points arising out of the complaints against the management of the society. These complaints shall be made available to the Expert committee by the Managing Committee of the Society.

 

Sd/­

(G.P.SEWALIA)

Registrar

 

 

-  Registrar is competent to appoint an Expert Committee (Delhi High Court)

 

 

IN The High Court of Delhi New Delhi

 

C.W. 1366/86

M/s. Grid Engg. V/s. The Registrar Cooperative Societies

14.8. 1986 Present.:                               Mr. AB. Dial, Counsel for petitioner

                                                                      Mr. Maheshwar Dayal, Counsel for respondent

                                                                      Mr. Amit Khemka, Counsel For R-2

C.M. 1822/86

 

We have heard this petition after notice to show cause was issued Learned counsel; for the respondent has pointed out that the petition is by a third person and it is Registrar who has to control the affairs and Business of the Cooperative Society The direction to appoint an Expert Committee which should go into the defects n the Flats constructed by the Cooperative Group Housing Society was taken after a preliminary enquiry was held.

We feel that if a Group Housing Society constructs a building which is defective it was the duty of the Registrar to ascertain the cause for this.

The petition seems to be based on the theory that it is an adversary action and therefore the directive substantively effects the interest of the petitioner. We do not think so. This is only an enquiry to determine the cause why the Building or Flats are defective. It will give the material or evidence on the basis of which future actions may be taken either by the Registrar Cooperative Societies or the Society itself W~ find that the present writ is not maintainable. The enquiry is the internal matter conceming the Cooperative Society and the petitioner has no locus standi to challenge this. In any event, we do not agree with the petitioner that the order s outside the scope of Rule 77 of the Delhi Cooperative Societies Rules, 1973. The directive concerns the business of the society. The business of such a society is the construction of flats or buildings for its members. The writ petition is therefore dismissed in limine.

Sd/-

Dalip K. Kapur

Chief Justice

 

14 August, 1986                                                                                        

Sd/-

C.L. Chaudhary
Judge