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Office of The
Registrar Cooperative Societies (Delhi Admn.)
Courts Building, Parliament Street,
New Delhi - 110 001
No. F.PA/RCS/88 Dated: 3 Aug., 1988
Instances have come to my notice that sometimes undue objections are raised in the matter of enrolment of Members of House Building/Group Housing Societies. One instance is that objections are raised by the officers of the Department that if a person owns a house or plot in own name or his spouse, his adult son or daughter cannot become a Member of the House Building/Group Housing Society. This interpretation is neither legal nor it is justifiable and correct. The disqualifications for membership are contained in Rule 25 of Delhi Cooperative Rules, 1973. So far as Housing Societies are concerned, the relevant provision is Clause C(i), (ii) and (iii) of Rule 25.
The Rule is very clear that a person will not be eligible for Membership of House Building/Group Housing Society if he owns a Residential House or plot in approved/ unapproved colony or other localities in the Union Territory of Delhi in his name or in the name of his spouse or any Dependent Children. But once a person becomes a Member of the Housing Society and is allotted a house or plot of land it does not bar his/her adult sons or daughters even if they are dependent on him or her to become members of House Building/Group Housing Societies. The Rule does not run backwards. The reading of Rule-25 C (I), (ii) and (iii) is very clear and there is no ambiguity of any kind in it. Jt. Registrar (Housing) and Joint Registrar Group Housing may please note it and advise the concerned Dy. Registrars and Asstt. Registrars and Inspectors.
Intention of the Rule is not to debar the members of the family of a person to own house or plot in Delhi. If the interpretation being given by some of the employees of the Department is accepted no young Boy or Young Girl can become a member of any Society if his or her father owns a plot in Delhi. Law does not specify any provision that they should be independent before they could get themselves enrolled as members of House Building/Group Housing Societies.
Cooperative Societies, Delhi Admn.
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