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