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Rule 41A on Membership

Office of The
Registrar Cooperative Societies (Delhi Adm.)
Old Court Building, Parliament Street,
New Delhi - 110001

(To be published in Delhi Gazette (Extraordinary Part)
Delhi Administration: Delhi
(Cooperative Department) 

No. F-4 7/5 78/G H/Coop.               Dated: 2nd Nov., 1990

Notification

In exercise of the powers conferred by sub-section (1) of section 97 of the Delhi Cooperative Societies Act, 1972 (Act, 35 of 1972), the Lt. Governor of the Union Territory of Delhi is pleased to make the following Rules to further amend the Delhi Cooperative Societies Rules, 1973 namely:
Rule
1. 
(1) These Rules may be called the Delhi Cooperative Societies (Amendment) Rules, 1990.

(2) These Rules extend to the whole of the Union Territory of Delhi.

(3) These Rules shall come into force with immediate effect.

2. In the Delhi Cooperative Societies Rules, 1973 after Rule 41, the new Rule 41-A following new Rule shall be inserted, namely:“41-A Notwithstanding anything contained in these Rules or the bye-laws of the Cooperative Group Housing Societies, a vacancy arising as a result of resignation, expulsion and cessation of membership in such Societies, shall not be filled in the period between the verification of the list of members by the Registrar and the allotment of land by the Delhi Development Authority and a vacancy arising after such allotment of land may be filed only from among the willing registrants for flats with the Delhi Development Authority under the self­ financing scheme in the order to be determined by draw of lots. The aforesaid restrictions on filling of vacancies in membership shall not apply after allotment of flats.”

By order and In the name of the
Lt. Governor of the Union
Territory of Delhi.

Sd/ -
(A.C. Kher)
Special Secretary (Cooperation)
Delhi Administration, Delhi. 

Important Notice

This Rule has been set-aside by Delhi High Court in Civil Writ./41 84/92 and therefore Rule 41A is not applicable to Group Housing Societies at present.In the principal Rules, for rule 34A, the following shall be substituted, namely:­“34A. 

When membership of a co-operative housing society may be transferred. Without prejudice to the provisions of the Act and these rules and bye-laws of the society, the membership of a member of a cooperative housing society may be transferred to a person who has acquired free-hold rights in respect of a property related to such membership in that society:

Provided that in the intervening period till a person acquires free hold rights of the property, the rights of the original member shall remain suspended in the society without prejudice to the mortgage charge of the financing institution, if the original member has raised loan for the property.

Provided further that the above provision shall become operative immediately on intimation of the said transaction by the transferee to the committee of the concerned society and the Registrar for which due acknowledgment of the receipt of the communication shall be obtained by the transferee.

Provided also that the Registrar, every year shall fix and notify the transfer fee to be paid by the transferee to the society, the money so received shall be part of “common Good Fund” for the society and shall be utilised only for common purposes, for which a separate account shall be maintained by the concerned society.”

 

Last Updated Date :- 20-06-2018

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