ACTS and Rules                                                                                                 Index of Rule, 1973

The Delhi Co-Operative Socities Rule, 1973

CHAPTER III

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:-

 

S.No.                Date of                     Name & Address              Decision of                      Date of

                          Receipt                    o f applicant                     committee                        resolution

                          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.

 

32. Valuation of shares

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