THE DELHI CO-OPERATIVE SOCIETIES ACT

The DCS Act 2003

General2003143 sections

This law governs the formation, management, and regulation of co-operative societies in the National Capital Territory of Delhi. It applies to all registered co-operative groups, including those focused on banking, agriculture, or other mutual benefit activities. The Act establishes a Registrar to oversee these societies, ensuring they follow proper rules and bye-laws. By providing a legal framework, it helps these organizations operate transparently, protects members' interests, and promotes the cooperative movement in the region.

  1. 1. Short title, extent and commencement.
  2. 2. Definitions.
  3. 3. Registrar.
  4. 4. Co-operative societies which may be registered.
  5. 5. Restrictions on registration.
  6. 6. Restrictions on holding of shares.
  7. 7. Application for registration.
  8. 8. Power of the Registrar to decide certain questions.
  9. 9. Registration.
  10. 10. Registration certificate.
  11. 11. Bye-laws of co-operative societies.
  12. 12. Amendment of bye-laws of a co-operative society and compulsory amendment of bye-laws by the Registrar.
  13. 13. When amendments of bye-laws come into force.
  14. 14. Change of name.
  15. 15. Change of liability.
  16. 16. Amalgamation, transfer of assets and liabilities and division of co-operative societies.
  17. 17. Power to direct amalgamation, division and re-organisation in public interest, etc.
  18. 18. Registrar to prepare scheme of amalgamation of co-operative bank in certain cases.
  19. 19. Liability of a co-operative bank to the Deposit Insurance Corporation.
  20. 20. Cancellation of registration certificate of the co-operative societies in certain cases.
  21. 21. Classification.
  22. 22. Persons who may become members.
  23. 23. Nominal or associate or joint member.
  24. 24. Member not to exercise rights till due payment made.
  25. 25. Voting rights of members
  26. 26. Manner of exercising vote.
  27. 27. Restriction on transfer of shares or interest.
  28. 28. Transfer of interest on death of member.
  29. 29. Liability of past member and estate of deceased member.
  30. 30. Final authority in a co-operative society.
  31. 31. Annual general body meeting.
  32. 32. Returns to be filed to the Registrar after annual general body meeting.
  33. 33. Special general body meeting.
  34. 34. Constitution of committee.
  35. 35. Election and nomination of members of committee.
  36. 36. Removal of committee or its officer.
  37. 37. Supersession of committee.
  38. 38. Securing possession of records, etc.
  39. 39. Acts of co-operative society not to be invalidated by certain defects.
  40. 40. Expulsion of members.
  41. 41. Cessation of membership of co-operative society.
  42. 42. Directions by the Registrar for successful conduct of business.
  43. 43. Co-operative society to be body corporate.
  44. 44. First charge of co-operative society on certain movable assets of member for the amount due to him.
  45. 45. Charge on immovable property of member borrowing loans from certain co-operative societies.
  46. 46. Charge and set-off in respect of share or contribution or interest of members.
  47. 47. Share or contribution or interest not liable to attachment.
  48. 48. Register of members.
  49. 49. Admissibility of copy of entry as evidence.
  50. 50. Exemption from compulsory registration of instruments.
  51. 51. Exemption from certain taxes, fees and duties.
  52. 52. Deduction from salary to meet co-operative society's claim in certain cases.
  53. 53. Funds other than net profits not to be divided among members.
  54. 54. Contribution to charitable purpose.
  55. 55. Contribution to Co-operative Education Fund.
  56. 56. Investment of funds.
  57. 57. Restrictions on loans.
  58. 58. Restrictions on borrowings.
  59. 59. Restrictions on other transactions with non-members.
  60. 60. Audit.
  61. 61. Inspection of co-operative societies.
  62. 62. Inquiry by the Registrar.
  63. 63. Inspection of books of indebted co-operative societies.
  64. 64. Cost of inquiry.
  65. 65. Recovery of cost.
  66. 66. Surcharge.
  67. 67. Rectification of defects in audit, inspection or inquiry
  68. 68. Power to summon and examine documents and persons, etc.
  69. 69. Maintenance of accounts and books, etc.
  70. 70. Disputes which may be referred for arbitration.
  71. 71. Reference of disputes to arbitration.
  72. 72. Power of financing bank and federal co-operative society to proceed.
  73. 73. Application of this chapter.
  74. 74. Definitions.
  75. 75. Limit on membership.
  76. 76. Rights and privileges of members on allotment of plot or dwelling unit in a co-operative housing society.
  77. 77. Allotment of plots, flats or houses through draw of lots.
  78. 78. Provision for nomination.
  79. 79. Restriction on transfer of share or interest of a member.
  80. 80. Permission for transfer of occupancy right not to be ordinarily refused and provision for appeal.
  81. 81. Creation, maintenance and utilisation of building and replacement fund.
  82. 82. Registration of mortgage in favour of co-operative housing society or apex.
  83. 83. Settlement of disputes.
  84. 84. Recovery of outgoings and arrears of dues as arrears of land revenue.
  85. 85. Recovery of dues and foreclosures.
  86. 86. Expulsion of a member.
  87. 87. Additional grounds for Cessation of membership of co-operative housing society.
  88. 88. Management of co-operative housing societies.
  89. 89. Maintenance of essential services in co-operative housing societies.
  90. 90. Co-operative housing society to maintain register of its properties with prescribed details.
  91. 91. Special provision for regularisation of occupancy right of persons who have acquired such a right through the instrument of power of attorney or agreement for sale.
  92. 92. Execution of housing project.
  93. 93. Management of co-operative housing complex by co-operative societies.
  94. 94. House building co-operative societies which have achieved their objectives.
  95. 95. Dissolution of co-operative society by members.
  96. 96. Dissolution of co-operative society by the Registrar.
  97. 97. Winding up of co-operative banks at the direction of the Reserve Bank
  98. 98. Reimburse-ment to the Deposit Insurance Corporation by the liquidator
  99. 99. Appointment of liquidator.
  100. 100. Duties of liquidator.
  101. 101. Powers of liquidator.
  102. 102. Disposal of surplus assets of liquidated co-operative societies.
  103. 103. Final accounts.
  104. 104. Enforcement of charge.
  105. 105. Execution of orders, etc.
  106. 106. Execution of orders of liquidator
  107. 107. Attachment before award.
  108. 108. Recovery of debt.
  109. 109. Registrar or person empowered by him to be civil court for certain purposes
  110. 110. Recovery of sums due to Government
  111. 111. Special powers of Registrar for recovery of amount recoverable as arrears of land revenue
  112. 112. Appeals.
  113. 113. No appeal or revision in certain cases.
  114. 114. Delhi Co-operative Tribunal
  115. 115. Review
  116. 116. Revision.
  117. 117. Interlocutory orders.
  118. 118. Offences and penalties.
  119. 119. Prohibition of the use of the word 'co-operative' or its equivalent
  120. 120. Punishment for offences not otherwise provided for.
  121. 121. Cognizance of offences.
  122. 122. Presumption as to commission of offence in certain cases.
  123. 123. Presumption as to statements.
  124. 124. Address of co-operative society
  125. 125. Copy of Act, rules and bye-laws, etc. to be open for inspection
  126. 126. Power to exempt co-operative societies from conditions as to registration
  127. 127. Power to exempt co-operative societies from the provisions of the Act
  128. 128. Officers and employees to be public servants.
  129. 129. Notice necessary in suits.
  130. 130. Companies Act not to apply
  131. 131. Saving of existing co-operative societies
  132. 132. Bar of jurisdiction of civil or revenue courts.
  133. 133. Powers of civil Court
  134. 134. Indemnity.
  135. 135. Service rules for employees of co-operative societies
  136. 136. Power to delegate.
  137. 137. Power to make rules.
  138. 138. Power of the Registrar to give directions to the co-operative banks.
  139. 139. Right to information.
  140. 140. Act to override other laws.
  141. 141. Repeal and savings.
  142. 142. Removal of difficulties.
  143. Schedule. THE FIRST SCHEDULE - CO-OPERATIVE PRINCIPLES

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