MEMBERS OF CO-OPERATIVE SOCIETY AND THEIR RIGHTS AND LIABILITIES
24. Conditions to be complied with for
admission to membership:-
1. No person shall be
admitted as member of a co-operative society unless-
(i) he has applied in writing in the form laid down by the co-operative society or in the form specified by the Registrar, if any, for membership along with a declaration .on oath that he is- net 9 member of any other co-operative society having similar objects; (Amended on 24.5.82J
(ii) his application is approved by the committee of the co-operative society in pursuance of the powers conferred on it in that behalf and subject to such resolution as the general body may in pursuance of the powers conferred on it in that behalf from time to time pass, and in the case of nominal, associate, or sympathiser member by an officer of the society authorised in that behalf by the committee. (Amended on 24.5.82).
(iii) he has fulfilled all other conditions laid
down in the Act, the Rules and the Bye-laws;
(iv) in case of a firm, company or body
corporate, society registered under the societies Registration Act, 1860, a
public trust registered under any law for the time being in force relating to
registration of public trust or a local authority, the application for
membership is accompanied by a resolution authorising it to apply for such
membership, and the sanction of the Lt. Governor has been accorded.
(v) in case of a Cooperative Housing Society, he has been a resident of the National Capital Territory of Delhi-for a minimum period of three years at the time of applying for a membership in such society.
Vide
Notification No. P.47/Legal/Policy/Coop./92/1594-1605dt. 22.4.1997
2. In case of vacancy in a housing society including group housing society where layout and building plans have been approved by the competent authority, the same shall be filled by the committee by notifying It in leading daily newspaper of Delhi in Hindi and English. In case the number of applications are more than the notified vacancies the membership shall be finalised through draw of lot in the presence of authorised representative of the Registrar. (Added on 6.8.97;
25.
Disqualification of Membership
1. No person shall be eligible for admission
as a member of a co-operative society if he...
(a) has applied to be adjudicated an insolvent
or is an undischarged insolvent; or
(b) has been sentenced for any offence other than an offence of a political character or an offence not involving moral turpitude and dishonesty and a period of five years has not elapsed from the date of expiry of the sentence:
(c) in the case of membership of a housing
society:-
(i)
owns a residential house or a
plot of land for the construction
of a residential house in any of the approved or un-approved
colonies or other localities in the National Capital Territory of Delhi, in his
own name or in the name of his spouse or any of his dependent children, on
lease hold or free-hold basis or on power of attorney or on agreement for sale;
Provided that disqualification of
membership as laid down in sub-rule (l)(c)(i) shall not be applicable in case
of co-sharers of property whose share is less than 66.72 sq. metres of land;
Provided further that the said
disqualification shall not be applicable in case of a person who has acquired
property on power of attorney or through agreement for sale and on conversion
of the property from leasehold to freehold on execution of conveyance deed for
it, if such person applies for the membership of the housing society concerned;
(Amended on 6.8.97)
(ii) he deals in purchase or sale of immovable
properties either as principal or as agent in the national Capital Territory of
Delhi: or
(iii) he or his spouse or any of his dependent
children is a member of any other housing society except otherwise permitted by
the Registrar.
2. Notwithstanding anything contained in the rules or the bye-laws of the co-operative society, if a member becomes, or has already become, subject to any disqualification specified in sub-rule (1), he shall be deemed to have ceased to be a member from the date when the disqualifications were incurred.
3. A member who ceases to be a member of a co-operative society under sub-rule (2), shall not be entitled to exercise rights of memberships or incur liability as member with effect from the date referred to in sub-rule (2) but as from the date he becomes a creditor of the co-operative society in respect of the amount due to him on account of paid up share capital, deposit, cost of land deposited or any other amount paid by him to the co-operative society as its member. As from the date of his ceasing to be a member or the society under sub-rule (2), the amount standing to his credit shall be paid to him by the co-operative society within 3 months and when the co-operative society is already under liquidation, the amount due to him will be credited as a debt due to a third party from the co-operative society. (Amended on 24.5.82).
4. If any question as to whether a member has incurred any of the disqualification referred to in sub-rule (1) arises, it shall be referred to the Registrar for decision. His decision shall be final and binding on all concerned. The power of the Registrar under this rule shall not be delegated to any other person appointed to assist the Registrar.
26. Terms and Conditions on which persons referred to In Section 20(1) May be Admitted as Members
The following shall be the
terms and conditions on which persons referred to in sec. 20 (1) (d) may be
admitted as a member of a co-operative society:-
1. The number of such persons admitted to
the membership of a co-operative society shall not exceed 5 percent of its
total membership at any time.
2. The head office of such persons shall be
within the area of operation of the co-operative society.
3. Such persons shall carry on their
business within the area of operation of the co-operative society.
4. Such persons shall purchase at least 10
shares in the capital of the cooperative society.
5. The aims and object of such persons are
not contrary to those of the co-operative society.
6.
Such
persons do not carry on competing business with that of the co-operative
society within the local limits specified in the bye-laws or by the
Registrar.
7.
Any
other condition which the Lt. Governor may notify.
Provided that in case of Urban
Cooperative Banks the Registrar may permit enrollment of such persons/members
not exceeding 5% of the total number of members after considering the financial
position of the Urban Cooperative Banks concerned. (Added on 18.8.84)
27. Procedure for Admission of Joint Members and Minors and Persons of Unsound Hind Inheriting the Share or Interest of Deceased Member.
1. A co-operative society may admit joint
members provided they make a declaration in writing that the person whose name
stands first in the share certificate shall have the right to vote. and all
other rights shall be enjoyed jointly and shares and liabilities shall be borne
jointly and severally by them as provided under the Act, the rules and the
bye-laws;
Provided that in case of group housing/house
building society, the joint membership shall be restricted to only person in
first degree blood relations. (Amended en 6.8.97)
Explanation : - First degree,
blood relation means, father, mother, brother, sister, son, daughter and also
spouse.
2. In accordance with the procedure laid down in its bye-laws and these rules for admission of any member, a co-operative society may admit minors and persons of unsound mind inheriting share or interest of deceased members as its members through their legal representatives or guardians respectively. The members so admitted will enjoy such rights and liabilities as are laid down in the bye-laws of the co-operative societies that are consistent with the Act and rules.
28.
Prohibition of Membership In two Co-operative Societies
No individual/primary
society, being a member of a primary co-operative society/federal society of
any class shall be a member of any other co-operative society of the same class
without the general or special permission of the Registrar, and where an
individual/primary society has become a member of two co-operative societies of
the same class, either or both of the co-operative societies shall be bound to
remove him from membership after giving proper opportunity to such individual/primary
society in writing. The individual/primary society shall, however, have the
right to appeal to the Registrar against the order of the society within thirty
days after the receipt of the order of the termination of membership. The
decision of the Registrar shall be final and binding on all concerned. (Amended
on 6.8.97)
29. Admission of Members before meeting of its General Body.
No co-operative society
shall admit members within one month prior to the date of a meeting of its
general body.
30. Disposal of Application for Admission of Member.
1. On receipt of an application for
membership, the co-operative society shall enter particulars of the application
in the register of applications in the following form, giving a serial No. to
the application-an,d shall issue a receipt in acknowledgement thereof:-
of
application of
committee
2. A Cooperative Society shall dispose of an
application receded for admission as member as early as possible but in no case
later than one month from the date of its receipt. In case the committee
decides not to admit the applicant as member of the Society, the Society shall
communicate its decision together with the reasons thereof to the applicant
immediately thereafter in writing either in person or through the Registered
Post; provided that in case of Federal Society or Financing Bank, period of
disposing of application from the date of its receipt shall be three months.
(Amended on 9.9.88)
3. The appeal to the Registrar against the
order for refusal to admit a member shall be made within 30 days of the date of
communication of refusal.
4. A person whose application for membership
has been approved by a Committee of a co-operative society shall deposit the
membership fee and the amount of qualifying share (s) necessary to become a
member within 14 days of the information of admission as member of the society
sent to him in person-or by Registered Post.
If no such amount is deposited within the stipulated period, the
resolution of managing Committee approving the membership of the person
concerned shall become valid and in-operative. (Amended on 8,9.88)
31.
Withdrawal from Membership
(a) Withdrawal from Membership
1. In a
co-operative society with unlimited liability, a member, who is not indebted to
the co-operative society and is not a surety for an unpaid debt, may withdraw
from the co-operative society after giving such notice to the secretary of the
co-operative society as may be laid down in the bye-laws 6f the co-operative
society.
2.
In a co-operative society with unlimited liability, a member, who
withdraws or is otherwise removed or
expelled from the society, shall be entitled to repayment without interest of
any money paid by him or his predecessor-in-interest towards the purchase of
shares after such period as may be laid down the bye-laws.
3. Notwithstanding anything Contained in the bye-laws, no member of a co-operative society with limited liability shall ordinarily be permitted to seek withdrawal or refund of his shares.
Provided that where the
co-operative society has created a share transfer fund out of its net profits,
its managing committee may, keeping in view the overall interest of the
co-operative society, allow withdrawal of shares.
,
Provided further that such
withdrawal of shares at any time shall not exceed five percent of the aggregate
paid-up share capital of the society, excluding Government contributions, as it
stood on the 31st March of the preceding year.
(b)
Withdrawal
of Members
1. Subject to the provisions of the Act, the rules
and the bye-laws of a co-operative society, a member may withdraw from the
society after giving three months notice to the Secretary of his intention to
resign his membership of the society.
2. No resignation of a member shall be accepted by
the society unless the member has paid inful) his dues, if any to the
co-operative society and has also cleared his liability, if any, as surety to
any other member or otherwise.
3. Any member, whose resignation has been accepted
by the co-operative society, or any heir or legal representative of a deceased
member, may demand refund of the share capital held by such member or deceased
member and the co-operative society shall, subject to the provisions of section
25 or section 26, as the case may be and subject to the provisions of the
bye-laws, refund the amount within six months from the date of acceptance of
the resignation or as the case may be, the date of demand by the heir or legal
representative of the deceased member.
4. In all cases where share capital is to
refunded, valuation of the shares to be refunded shall be made in accordance
with the provisions contained in rule 32
5. Irrespective
of the nature of liability of a co-operative society, the share capital
subscribed by the Government in a co-operative society or by a Central or Apex
Co-operative Financing Institution wilt be retired in such a manner and during
such period as may be determined by the Registrar from time to time.
1. Where a member of a co-operative society cease to be a member thereof, the sum representing the value of his share or interest in the share capital of the society to be paid to him or his nominee, heir, or legal representative, as the case may be, shall be ascertained in the following manner, namely:-
(i) in the case of a co-operative society with
unlimited liability, 'it shall be the actual amount received by the society in
respect of such share or interest;
(ii) in the case of a co-operative society with
limited liability, it shall be the amount arrived at by a valuation based on
the financial position of the society as shown in the last audited
balance-sheet preceding the cessation of membership.
Provided that the amount so
ascertained shall not exceed the actual amount received by the society in
respect of such share or interest.
2. Where a person is allotted a share by a co-operative society, the payment required to be made, therefore, shall not exceed the face value of the share notwithstanding anything contained in the bye-laws of the society.
3. When a share is transferred by a member to another member duly admitted as a member of a co-operative society, the transferee shall not be required to pay anything in excess of the value of the share determined in accordance with sub-rule (1).
33. Maintenance of register of members
Every co-operative society shall maintain a register of members
showing:-
(a) the name,
address and occupation of each member, and a statement of shares held by him;
(b) the date on
which the member's name was entered in the register after depositing membership
fee and share money;
(c) the date on which any person ceased to be a member;
(d) the nominee appointed by a member.
34. Procedure for transfer of shares
(1) No transfer of shares shall be effective
unless:-
(a) It is made in accordance with the provisions
of the bye-laws:
(b) A clear fifteen days notice in writing is given to the co-operative society indicating therein the name of the proposed transferee. His consent, his application for membership, where necessary, and the value proposed to be paid by the transferee.
(c)
After
the transferee has made payment of the value of the shares so transferred and
paid the value of any interest to be transferred to the society, as may be
agreed upon between the transferee, the transferor and the society, transfer
shall be registered in the books 6f the society, the Transferee shall thereupon
become the member of the society and shall acquire all rights of the membership
and shall hold such interest as from the date approved by the managing
committee.
(d) Thereafter and after all liabilities of the transferor due to the-society are discharged, the (transferor shall be paid the value of his shares transferred to the transferee determined in accordance with the rule 32 and the value of the other interest transferred provided the value shall not exceed the amount actually paid by the transferor in acquiring such interest in the society.
(e)
The
transferee shall hold such share subject to charge, if any
34.A.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 shad become operative immediately on intimation of the said
trans action by the transferee to the committee of the concerned society and
the Registrar for which due acknowledgement 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 that society, the money 60 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.
(Amended on 8.8.97)
35. Nomination
of Persons
1. For the purpose of transfer of his share
or interest under sub-section (1) of section 26, a member of a co-operative
society may, by a document signed by him or by making a statement in any book
kept-for the purpose by the society, nominate any person or persons. Where the
nomination is made by a document, such document shall be deposited with the
society during the member's life time and where the nomination is made by a
statement, such statement shall be signed by the member and attested by one
witness.
2. The nomination made under sub-rule (1)
may be revoked or varied by any other nomination made in accordance with that
sub-rule.
3. The record of nomination shall be kept by
a co-operative society in such manner as may be laid down in the bye-laws.
4. When a member of a co-operative society
nominates more than one person, he shall, as far as practicable, specify-the
amount to be paid or transferred to each nominee in terms of whole share and
the interest accrued in the Society.
5. The value of the share or interest
transferred or paid to a nominee or nominees shall be determined on the basis
of the sum actually paid by the member
to acquire such share or interest unless the bye-laws provided for calculation
on a different basis.
6. (i) Where a member of co-operative society
has not made any nomination, the society shall, on the member's death, by a
public notice exhibited at the office of the society invite claims or
objections for the proposed transfer of the share or interest of the deceased
with the time specified in the notice.
(ii) After taking into consideration the claim or
objections received in reply to the notice or otherwise, and after making such
inquiries as the committee considers proper in the circumstances prevailing,
the committee shall decide as to the person who in its opinion is the heir or
the legal representative of the deceased member and proceed to take action
under section 26, subject to any appeal which may be filed to the Registrar by
any person claiming the share, or interest of deceased member within 30 days of
the decision of the committee. The orders of the Registrar on such appeal shall
be final and binding upon all concerned.
7. If the committee refuses to transfer the
share or interest of the deceased member to his nominee or his
successor-in-interest, or fails to take a decision on the application of such
nominee of the successor-in-interest as the case may be, within 30 days of the
date of such refusal or the date of such application, a nominee or any person
claiming to be a successor-in-interest of the deceased member shall file an
appeal to the Registrar, who after hearing the society and the applicant or any
other person interested, shall pass such order as he may deem fit and on such
condition as he may impose and order made by the Registrar shall be final and
binding on all concerned.
35.A.
Procedure for expulsion of members
1. Notwithstanding anything contained in the
bye-laws, any member who has been persistently defaulting in payment of his dues
or the payment of claims made by a housing society for raising funds to fulfill
its objects, has been failing to comply with the provisions of the bye-laws
regarding sales of his produce through the society or other matter in
connection with his dealings with the society or who, in the opinion of the
committee, has brought disrepute to the society or he has done other acts
detrimental to the interest or proper working of the society, the society may
by a resolution passed by a majority of not less than three fourths of the
members entitled to vote who are prevent at a meeting of the committee held for
the purpose, expel a member from the society;
Provided that prior to placing the matter before the meeting of the committee, the member concerned shall be served with three registered notices in this regard and in case of member of a housing society, also a public notice in a leading newspaper regarding the proposed expulsion shall be given fifteen days prior to holding of the committee’s meeting:
Provided further that no resolution shall be valid, unless the
member concerned has been given an opportunity of representing his case in the
committee of the society. (Amended on 6.8.97)
2. When a resolution passed in accordance
with sub-rule (1) or (2) is sent to the Registrar or otherwise brought to his
notice, the Registrar may consider the resolution and after making such enquiry
as to whether full and final opportunity has been given under sub-rule (1) or
(2) give his approval and communicate the same to the society and the member
concerned with in a period of 6 months. The resolution shall be effective from
the date of approval. (Amended on 24.5.82)
3. Expulsion from membership may involve
forfeiture of shares held by the member. The share shall be forfeited with the
prior permission of the Registrar. In that event, the value of the share
forfeited shall be credited to the reserve fund of the society.
4. No member of a co-operative society who
has been expelled under the foregoing sub-rule shall be- eligible for
re-admission as a member of that society or for admission as a member of any
other society of the same class for a period of three years from the date of
such expulsion.
Provided that the Registrar may, on an
application either by the society or the member expelled and in special
circumstances, sanction the re-admission or admission, within the said period,
of any such member as a member of the said society or of any other society of
the same class, as the case may be. Before giving such sanction for
re-admission or admission by the Registrar, an opportunity of hearing may be
given to both the society and member concerned. (Amended on 24.5.82)
36. Penalty for belated payment or equalisation charges for new membership on enrolment at the advanced stage of construction, and payment of interest to a member who has resigned his membership In a group housing cooperative society.
1. In case of default in payment of demand in
cooperative group housing society by the members' equalisation charges on
enrolment as a member against vacancy and payment of interest on resignation by
member, the maximum rate of interest charges shall be as under, which shall be
approved by a resolution of the general body of the society:-
(a)
for default of payment of installment upto six months -
@ 12% per annum.
(b) for default of payment of installment upto one year - @ 15% per annum.
(c)
for default of payment of
installment for more than one year -
@ 18% per annum.
(d) Equalisation charges/interest to be charged from the
member enrolled at the
advance stage of construction - @ 24% per annum.
(e) interest to be paid by a group housing society to a
resigned/expelled member on
the amount deposited
after deducting the
administrative expenditure incurred
by the society -@ 7% per annum.
2. The Registrar shall be competent to
review the above rates periodically. (Added on 6.8.97)
37.
List of Members of co-operatives
1. Every co-operative society shall prepare
a list of its members as on the last day of each co-operative year. The list
shall be kept open at the office of the society, during office hours for
inspection by the any member of the society. The list of members shall be
revised thirty days prior to the date of the meeting fixed for the election of
the committee of the society and shall include the members admitted and exclude
the members removed during the period commencing from the date when the list
was last revised and ending with the date of the revision of the list. The list
shall be in Form 10.
2. A list drawn in accordance with sub-rule
(!) shall be supplied by the society to the member on payment of Rs. 10/- per 100 members or part thereof.
(Amended on 6.8.97)
38. Restriction of defaulting member to vote at the election.
Restriction on defaulting
member to vote at the election:- No member including the primary society in
case of federal society shall be eligible to vote at the meeting fixed for any
election, if on that date thirty days prior to such meeting, a member is a defaulter
to the society or is a representative of defaulting society against whom a
decree has been passed under section 61. (Amended on 6.8.97)
39. Disabilities of a defaulting member.
1.
No
member of a co-operative society, who is in arrears to the society in respect
of any loan taken by him, for such period as in specified in its bye-laws or in
any case for a period exceeding three months, shall be appointed to represent
the society in any other co-operative society and to vote on its behalf in such
other co-operative society.
2.
Where
a member of a co-operative society so appointed falls in arrears to the society
for the period specified in sub-rule (1), subsequent to his appointment, he
shall cease to be representative of the society as from the end of the said
period.
40. Cessation
of membership. .
Without prejudice to the
provisions of section 27, a person shall cease to be a member of a co-operative
society on his resignation from the membership thereof being accepted or on the
transfer of the whole of his share or interest in the society to another
member, or on his death, removal or expulsion or incurring any of the
disqualifications specified in the Act and the rules.
41. Inspection of documents in the Registrar's office by members of societies and the scale of the fees for supply of copies of documents.
1. A member of a co-operative society or any member q1 the public may inspect the following documents .in the office of the Registrar, and may obtain certified copies thereof, on payment of the following fees:-
Per 200 Words or less
(i) Application for registration of a co-operative society. 75 P
(ii) Certificate of registration 75P
(iii) Bye-laws of societies 75P
(iv) Amendment of bye-laws of a society 75 P
(v) Order of cancellation of the registration of a society 75 P
(vi) Audit report of a society 1
Rs.
(vii) Annual balance sheet 1
Rs.
(viii)Order under section 59 75
P
(ix) Order referring a dispute for decision 75P
(x) Order of supersession of a committee or
removal of any member
thereof 75
P
(xi) Any decision, order award, and judgement
against which an appeal is
provided. 50P
2. A member of the co-operative society or a member of public can inspect all or any of the documents referred to in sub-rule (1) after paying inspection fee of Re. 1. The inspection fee of any of the above documents will be for all or any of these documents which shall be specified in the application for inspection.
3. An application accompanied by a receipt
for the approximate amount deposited with the Registrar, of the charges for
inspector\or obtaining copy shall be made to the Registrar specifying the
nature of document required. All such applications shall be complied within a
fortnight of the receipts of the application. Any deficiency in copying charges
shall be made up at the time of taking delivery of the copy. If the receipt for
deposit of the amount is not attached the application will not be considered
valid.
4. A copy of any of the documents referred
to in sub-rule (1) shall be certified by the Assistance Registrar as true copy
of the original with the following endorsement made thereon:-
(i) Date of receipt of application.
(ii) Date on which the copy was ready for
delivery.
(iii) Date on which delivered.
(iv) Copying charges.
(v) Certified to be true copy of the original.
Prepared by ……………………
Signature
Asstt. Registrar.
Checked by
................................................... Seal:-
Where under any
rule or order a copy of any decision, order award and judgment is required to
be attached with the memorandum of appeal, only a copy having the endorsement
referred to in this subrule and signed by the Assistant Registrar shall be a
valid copy for that purpose.
41. A Deleted on 6.8.97