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Procedure for Expulsion of Member

Office of The
Registrar Cooperative Societies (DelhiAdmn.)
Old Courts Building, Parliament Street,
New Delhi - 110 001

No. F-47/GH/Directive/89-90 Dated:26 3.1990 

Sub: Procedure for expulsion or a member from CooperativeGroup Housing Society. 

Under the powers vested in me under Rule 77 of the DelhiCooperative Societies Rules, 1973 I, K.S.Mehra, Registrar Cooperative Societiesdo hereby order that whereas the case of expulsion of members of CooperativeGroup Housing Societies under Rule 36 of Delhi Cooperative Societies Rules,1973 would continue to be sent to Registrar Cooperative Societies for approval,the following information shall also be forwarded to the Office of theRegistrar Cooperative Societies:

1.Name of the member proposed to beexpelled 

2. MembershipNo 

3. Proof of letter raising demand toall members by U.P.C. indicating date, amount and last date for making payment.4. Proof of first reminder fordemand by Registered AD instead by U. P.C. letter (minimum 15 days time to begiven) indicating the date of issue-as per Annexure-I.5. Proof of second reminder A.D.letter instead by U.P.C. (minimum 15 days time to be given) indicating the dateof issue-as per Annexure-Il.6. The Agenda and resolution ofManaging Committee considering the case of the defaulter member for consideringhis expulsion to the General Body Meeting of the Society-as per Annexure-Illand IV respectively.7. Proof of Notice to the defaultermember for initiating his expulsion from the membership on account ofpersistent default - as per Annexure-V8. Proof of Notice of General BodyMeeting for considering the expulsion of the member as one of the items (17days clear Notice for the meeting, sent by U.P.C. to all members and sentRegistered A.D. for defaulter members for presenting the case in General BodyMeeting either in person or in writl7ng -as per Annexure-VI.9. Proceedings of General BodyMeeting in which expulsion of the member was approved.Finally in case the expulsion of the members proposed forexpulsion by the General Body of the Society is approved by the Office ofRegistrar Cooperative Societies, the expelled member shall be informed by theSociety as per Annexure­ VII by Registered A.D.Sd/-(K.S.MEHRA)Registrar, Cooperative SocietiesDraft of the letter of the 1st Reminder to a defaulter member REGISTERED A . D. …………………….. COOPERATIVE GROUP HOUSING SOCIETY LTD.

(Name of the Society)F.No.Dated

To
Shri ……………………………….……………………………….……………………………….[Name of the Member and address with Pin Code]Sub. Payment towards the demand raised by the Society forthe project of the Society-First Reminder.Dear Member,This has reference to our General Demand to the members ofeven No. dated …………………. (Copy Appendix) advising you to remit a sum of Rs.………………….. by ………………… (date) on account of the followingSI.No. Items Amount (Rs.)(i) Land Money(ii) Construction Account(iii) Maintenance Charges(iv) Defaulted Amount on A/C of interest and principalpayable to financing institution(v) Penal InterestTotal (i) to (v)You were advised to remit aforesaid amount by (date)alongwith other members of the Society. Since you have failed to pay thisamount, another opportunity Is being given to you to remit this amount within15 days of the issue of this letter i.e …………………..alongwith the normal penaltyalready determined by the Society for the default in making payment to theSociety in time.In case, we do not receive any remittance by stipulated datei.e ………………….. ………………….. (date) you will be personally responsible for any lossto you on this account, therefore, it Is, in your own interest, to clear yourdues. 

Yours faithfully,
(HONY SECRETARY)

The…………………..Coop. S/H Society Ltd. 
Dated:End. :- Appendix-I Copy of the letter dated…………………..Raising initial demand from all the members.Draft of the letter of the 2nd Reminder to a defaulter memberREGISTERED A.D.………………… COOPERATIVE GROUP HOUSING SOCIETY LTD.(Name of the society)To,Shri / Smt. /Ms.…………………..…………………..…………………..…………………..…………………..…………………..[Name of the member andaddress with Pin Code]Sub.: Second Reminder for making the payment for thedemand raised on ………………………… by the Society.(date)Dear Member,This has reference to our letter of even No. dated……………………….. Sent to you by registered post (Copy as Appendix). In this letter,you were advised to remit the outstanding amount of Rs ………………………..……………………….. alongwith interest by ……………………….. ……………………….. (date).We regret to inform you have failed to make necessarypayment in spite of this advise. As a gesture of goodwill, you are being givenone more opportunity to pay the outstanding sum of Rs ………………….. Plus interest………………………..……………………….. Rs……………………….. aggregating to Rs ……………………….. to theSociety latest by (date) (15 days time) failing which the Managing Com­mitteeof the Society shall be compelled to refer your case for expulsion from themembership of the Society to the General Meeting of the Society at your owncost and liability.THIS MAY BE TREATED A FINAL REMINDER AND NOTICE FROM THESOCIETY.Yours faithfully,(HONY, SECRETARY)The …………… Coop. G/H Society Ltd.Dated:End. :- Appendix-I Copy of theletter first reminder date ……………Draft of Notice of the Managing Committee Meeting…………………………….. COOPERATIVE GROUP HOUSING SOCIETY LTD.(Name of the Society)MEETING NOTICEMeeting of the Managing Committee of ………………………… CooperativeGroup Housing Society Ltd. will be held on ……………………… (date) at………………………… hours in the Office of the Society to discuss and transact thefollowing Business:1. Confirmation of the Proceedingsof the last Managing Committee Meeting heldon ……… (date).2. To consider and recommendto General Meeting of the Society, expul­sion of the following member(s) of theSociety on account of persistent default in payment of Society’s dues asprovided under Rule 36 of the Delhi Cooperative Societies Rules, 1973.

 

S. No. Name of the  member(s) and address  Membership  No. Defaulted details of clear it  amount alongwith Notices sent to Remarks
           

3. Any other items with thepermission of the chair.

You are requested to kindly make it convenient to attend themeeting.
For and on behalf of The.................................. Coop. G/H Society Ltd.Dated:HONY. SECRETARY*NOTE :This Notice should be sent prior to 5 cleardays from the date of the meeting of the Managing Committee Under Certificateof Posting to all the members of the Managing Committee by providing 48 hourstime for delivery of Notice (7 days in all). 

Draft resolution to consider and recommend expulsion ofmember(t) to theGeneral Meeting of the Society under Rule 36 of The DelhiCooperativeSocieties Rules, 1973 on account of persistent defaultThe Hony. Secretary of the Society explained to the membersof the Managing Committee in the meeting held on ……………(date) at ………………… (time & place) the case of followingmember(s) to consider and recommend to the General Meeting expulsion of themember(s) on account of persistent default towards payment of the demandsraised by the Society under Rule 36 of The Delhi Cooperative Societies Rules,1973. 

S. Member-No. Name of theDefaulted amount Remarks ship No. member(s)Demand Firstand addressraised byreminderSecond reminderthe societythrough by Regd.and sent toRegd. A.D. letterall membersA.D. & and paymenton (date)payment demandedthrough U.P.C. required by …..by(date)(date) (Rs.)(Rs.)(Rs.)

The member(s) concerned has failed to make the paymentinspite of these two registered reminders. Hony. Secretary of the Society,therefore, suggested that the Managing Committee may now consider the matter ofinitiating action for expulsion of the member(s) from the membership of theSociety under provisions of Rule 36 of the Delhi Cooperative Societies Rules,1973. 
After mature consideration of the matter, the followingresolutions were passed, “RESOLVED that the Managing Committee is convinced ofpersistent default committed by the following member(s). 
S.No.MembershipNo.Name Defaulted Amount (Rs.).

As explained by the Hony. Secretary and of the failure ofthe member(s) to comply with the request made the Society in that behalf.Further resolved that the case of the following member(s) ofthe Society: 
S.No.MembershipNo.NameDefaulted Amount (Rs.) .

A for expulsion under Rule 36 of the Delhi CooperativeSocieties Rules, 1973 from the membership of the Society be placed before theGeneral Meeting of the Society on ………………………. (date) with 30 days notice of themeeting to members proposed to be expelled by registered post alongwith a copyof this resolution of the Managing Committee. 
Also resolved that the Secretary of the Society be authorisedto take further action in the matter.

Draft of the letter to be addressed to the member afterdecision of the Managing Committee of the Society to initiate action forexpulsion under Rule 360 the DelhiCooperative Societies Rules, 1973.
………………… …..COOPERATIVE GROUP HOUSING SOCIETY LTD.
(Name of the Society)

To
Shn /Smt. / Ms …………
…………………………………
…………………………………(Name and Address with Pin Code) 
Sub. : Notice for expulsion of Shri/Smt./Ms……………………….. from the membership of the Society under Rule 36 of the DelhiCooperative Societies Rules, 1973 on account of persistent default. 
Dear Sir,
We have to state that you committed persistent default inpayment of dues of the Society as per details given in the statement attachedas Appendix ‘A’ to this letter. Therefore, you are a persistent defaulter asper provisions of Rule 36 of the Delhi Cooperative Societies Rules. 1973. 

We have to further state that persistent default committedby you was repeatedly brought to your notice orally as well as in writing andyou were requested to comply with the Society’s request but unfortunately youhave tailed to comply. We have now to inform you that on failure to comply withSociety’s request in the matter of breaches of provisions of Rule 36 of theDelhi Cooperative Societies Rules, 1973 the matter was placed before themeeting of the Managing Committee of the Society held on ……………….date and theManaging Committee has decided to place your case before the General Meeting ofthe Society for considering the matter of your expulsion under the provisionsof Rule 36 of the Delhi Cooperative Societies Rules, 1973. A copy of theresolution of the Managing Committee is enclosed as Appendix ‘B’. 

Society, the General Meeting of the Society has beencalled on ………………. date. We request you to please be present in the meeting toexplain your case. In case, for any reason, it is not possible for you toattend the meeting, you may please send written statement explaining your caseas to reach us on (date). You may please note that if you do not attend themeeting or do not send your written statement, it will be persumed that youhave nothing to say, in the matter and the General Meeting will take next step.

Yours faithfully.
(HONY. SECRETARY)
(Coop. G/H Society Ltd.)

Encl.:

1. Appendix ‘A’ details of defaults

2. Appendix ‘B’ Managing Committee meeting……………….resolution.

(Date)Draft of the General Meeting Notice in which expulsion of amember for persistent default under Rule 36 of the Delhi CooperativeSocieties Rules, 1973 will be considered.IMPORTANT
(A clear 17 days notice under U.P.C. to all the members andby Registered A D letter to the member whose expulsion under Rule 36 of theDelhi Cooperative Societies Rules, 1973 is to be considered in the Generalmeeting).
MEETING NOTICENotice is hereby given for the General Body Meeting of the………………. Cooperative Group Housing Society Ltd. to consider the followingbusiness on ……………….………………. at ……………….hours at ……………….………………. In case there isno quorum in the meeting, the meeting shall be adjourned for one hour and theadjourned meeting shall be held at the same place and same date, for which noquorum would be required. No fresh notice for this meeting will be sent. 

                       

SNo. Item
1. To consider and approve the proceedings of the last General Body Meeting.
2. To consider the expulsion of following member(s) of the Society on account of persistent default in payments towards the demands made by the Society from time to time inspite of due notice.
SNo.  Name of the member Defaulted amount

NOTE: 

Above named members is/are advised to appear before the General Meeting of the……………..Society scheduled for.............. at……………….……………….hours at………………..either in person or by submitting awritten statement in support of his contention 7 days prior to the date of theGeneral Meeting i.e.1. Any other item of the business ofthe Society can also be included in it.
2. Any other item with thepermission of the chair For and on behalf of
.....................................Coop. GIH Society Ltd.

[SECRETARY]
Date Seal 

Draft of the Letter to be sent to a member on approval ofexpulsion by the Registrar Cooperative Societies …………………. COOPERATIVE GROUP HOUSING SOCIETY LTD.

To
Shri ……………….…………
……………….……………...
……………….…………….. 

Sub. : Approval of expulsion from the membership of……………….……………….Cooperative G/H Societies Ltd. by the Registrar, CooperativeSocieties, Delhi on account of persistent default under the provisions of Rule36 of the Delhi Cooperative Societies Rules, 1973. 

Dear Sir,

This has reference to the letter of the Society dated……………….……………….followed by the Notice of the General Meeting of the Society,wherein proposal for your expulsion from the membership of the Society heldon hadresolved to expel your from the membership of the Society on account ofpersistent default. The case for the approval of your expulsion from themembership of the Society was sent to the Registrar, Cooperative Societies,Delhi on ……………….……………….Now, the Registrar, Cooperative Societies, Delhi videletter No ……………….………………. dated ……………….………………. [copy enclosed] has approved theresolution of the Society LO expel you from the membership with immediateeffect. In view of this you have ceased to be a member of the Society. We arereturning herewith the balance sum available with the Society vide accountpayee cheque no ……………….……………….……………….……………….dated …………as full and final payment towards your accountwith the Society. You are at liberty to make an appeal against this order asper law within 60 days of the issue of the order. 
For and on behalf of …………Coop. G/H Society Ltd.

[SECRETARY]

Last Updated Date :- 20-06-2018

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