The DCS Act 2003

delhi · 2005

The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.

S. 1Section 1 establishes that co-operatives in Delhi are voluntary and open to all willing individuals without discrimination.
S. 2In this Act, unless the context otherwise requires, - (a) Omitted vide Notification No
S. 3The section allows the Government to appoint a Registrar and assistants for Delhi's co-operative societies and delegate Registrar's powers to them or federal societies.
S. 4Section 4 allows registration of co-operative societies promoting members' economic, social, and cultural interests, provided they meet viability norms.
S. 5Section 5 requires a minimum of fifteen qualified members residing in the society's area, with each primary society member from a different family.
S. 6Section 6 of the DCS Act 2003 outlines the management of electoral rolls, election conduct, annual audits, and allotment of housing units in co-operative societies.
S. 7(1) For the purposes of registration, an application shall be made to the Registrar
S. 8Section 8 of the DCS Act 2003 outlines the Registrar's final decision-making authority on residency and co-operative society type disputes during registration.
S. 9Section 9 grants three-fourths of committee members' voting rights to the government if it holds 60% or more of a society's equity or guarantees 60% or more of its loans.
S. 10Section 10 establishes arbitration councils to resolve disputes over dues recovery for federal cooperative societies and financial institutions.
S. 11(1) Every co-operative society may make its bye-laws consistent with the provisions of this Act and the rules made ther
S. 12Section 12 of the DCS Act 2003 regulates the amendment process for co-operative society bye-laws, requiring registration by the Registrar and approval by the Reserve Bank for banks.
S. 13Section 13 of the DCS Act 2003 allows co-operative societies to amend bye-laws to change names and liabilities, with specific notice requirements for members and creditors.
S. 14Section 14 of the DCS Act 2003 establishes the term, decision-making, and dispute resolution process for the arbitration council, and allows property holders to become society members.
S. 15Change of liability
S. 16Amalgamation, transfer of assets and liabilities and division of co-operative societies
S. 17Section 17 allows the Registrar to order the amalgamation, division, or reorganization of co-operative societies if it's deemed essential for public or cooperative interests.
S. 18Section 18 allows the Registrar to prepare a scheme for a co-operative bank's reorganisation or amalgamation during a moratorium.
S. 19Section 19 cancels the registration of dissolved co-operative societies after asset or amalgamation transfers.
S. 20Cancellation of registration certificate of the co-operative societies in certain cases
S. 21Section 21 of the DCS Act 2003 specifies who can become a member of a co-operative society and allows the government to disqualify certain individuals from membership.
S. 22Persons who may become members
S. 23Section 23 allows co-operative societies to admit nominal or associate members without shares, subject to bye-laws and rules.
S. 24Section 24 mandates that members of a co-operative society must pay dues or acquire interest as per bye-laws to exercise membership rights.
S. 25Section 25 outlines voting rights in co-operative societies, detailing conditions under which members can vote and exceptions for government nominees and defaulting members.
S. 26Manner of exercising vote
S. 27Section 27 of the DCS Act 2003 governs the transfer of shares in a co-operative society, including on the death of a member.
S. 28Transfer of interest on death of member
S. 29Section 29 extends the liability of former or deceased co-operative society members for its debts for up to 730 days after they leave or die.
S. 30Section 30 of the DCS Act 2003 mandates co-operative societies to hold annual general body meetings for member approvals, elections, and profit disposal.
S. 31Annual general body meeting
S. 32Section mandates annual filing of committee returns to Registrar, with penalties for non-compliance.
S. 33Section 33 mandates the committee to call special general body meetings under certain default conditions, with Registrar's intervention if needed.
S. 34Section 34 and 35 of the DCS Act 2003 outlines the election process and management committee formation for co-operative societies in Delhi.
S. 35Election and nomination of members of committee
S. 36Removal of committee or its officer
S. 37Supersession of committee
S. 38Section 38 authorizes the Registrar to direct a Sub-divisional Magistrate to seize society records and property if they are at risk of tampering or misappropriation.
S. 39Section 39 of the DCS Act 2003 states that procedural or constitutional defects do not invalidate actions by a cooperative society or its officers.
S. 40Section 40 allows expulsion of non-housing society members by a three-fourths majority vote, subject to Registrar approval.
S. 41Section 41 outlines conditions for termination of membership in a cooperative society in Delhi.
S. 42Section 42 empowers the Registrar to issue binding directives to cooperative societies with majority government equity for business conduct.
S. 43Section 43 of the DCS Act 2003 establishes a registered co-operative society as a body corporate with perpetual succession and legal powers.
S. 44Section 44 establishes a first charge on members' agricultural assets for debts owed to co-operative societies, voiding unauthorized property transfers.
S. 45Section 45 mandates members applying for loans from co-operative societies to declare charges on their land, with restrictions on alienation until full repayment.
S. 46Section 46 allows a cooperative society to charge and set off debts against member shares, but not to attach shares directly.
S. 47Section 47 protects members' shares in cooperative societies from attachment or sale due to personal debts.
S. 48Section 48 establishes that a register or list from a cooperative society is prima facie evidence of membership dates.
S. 49Certified entries in co-operative society books are admissible as evidence, and officers cannot be compelled to produce these books in unrelated legal proceedings without court order.
S. 50Section 50 exempts certain instruments and debentures of co-operative societies from specific registration requirements under the Registration Act, 1908.
S. 51Section 51 of the DCS Act 2003 allows the government to waive certain taxes and fees for co-operative societies.
S. 52Section 52 allows cooperative society members to authorize salary deductions by their employers to repay society debts.
S. 53Section 53 of the DCS Act 2003 prohibits distribution of co-operative society funds except net profits, which can be paid after reserve fund is met.
S. 54Section allows co-operative societies to contribute up to 5% of remaining net profits to co-op or charitable purposes after reserve fund is funded.
S. 55Section mandates a cooperative society to credit up to five percent of its net profits to a Co-operative Education Fund.
S. 56Section 56 allows a co-operative society to invest its funds in various specified securities or banks, subject to Reserve Bank guidelines.
S. 57Section 57 restricts co-operative societies from lending to non-members except with Registrar's approval or to other societies, and allows loans to depositors against their deposits.
S. 58Section 58 of the DCS Act 2003 regulates a cooperative society's ability to receive deposits, loans, and grants, with limits on total amounts and conditions for debenture issuance.
S. 59Section 59 prohibits co-operative society transactions with non-members unless otherwise specified, subject to prescribed restrictions.
S. 60Section 60 mandates annual audits of co-operative society accounts by a Registrar-selected auditor, including detailed financial reports for group housing societies.
S. 61Section 61 allows the Registrar to order inspections of co-operative societies to check their constitution, working, and financial condition.
S. 62Section 62 empowers the Registrar to initiate inquiries into a co-operative society's affairs and grants him access to its records and the ability to convene meetings.
S. 63Section 63 allows the Registrar to inspect a co-operative society's books on creditor application if debt is unpaid and security is deposited.
S. 64Section 64 allows the Registrar to allocate inspection or inquiry costs among the cooperative society, demanding members, and officers, with due process and written justification.
S. 65Any sum awarded by way of costs under section 64 may be recovered, as if it were an arrears of land revenue
S. 66Section 66 allows the Registrar to investigate and recover funds misappropriated by co-op society officials and to order repayment with interest.
S. 67Section 67 mandates the Registrar to notify co-operative societies of audit or inspection defects and order corrective actions.
S. 68Section 68 allows Registrar and authorized officials to inspect and summon records from co-operative societies and seize documents if necessary.
S. 69Section 69 mandates co-operative society officials to maintain accurate accounts and allows the Registrar to enforce compliance and recover non-compliance costs.
S. 70Section 70 mandates disputes in co-operative societies to be referred to the Registrar, barring court jurisdiction.
S. 71Section 71 empowers the Registrar to decide, transfer, or refer cooperative society disputes to an arbitrator, with rules governing arbitrator selection and appointment.
S. 72Section 72 allows financing banks or federal co-operative societies to recover debts from co-operative society members if the society defaults.
S. 73Section 73 applies the chapter's provisions to all co-operative housing societies registered under the DCS Act 2003.
S. 74Section 74 defines key terms used in the chapter related to co-operative housing societies and their financial funds.
S. 75Section 75 limits co-operative housing society membership to available units, allowing exceptions for constructed and sold floors with fees.
S. 76Section 76 of the DCS Act 2003 mandates allotment certificates for housing society members and outlines their property rights and undivided interests in common areas.
S. 77Section 77 mandates allotment of housing units by lottery to eligible members, voids illegal draws, and requires occupancy certificates upon dues payment.
S. 78Section 78 mandates members of co-operative housing societies to nominate beneficiaries for their rights upon death and allows changes to the nomination.
S. 79Section 79 mandates that transfers in co-operative housing societies require society permission, dues payment, vacating premises, and new membership.
S. 80Section 80 of the DCS Act 2003 allows co-op society members to transfer occupancy rights unless transferee lacks membership qualifications, with specific provisions for deceased members' nominees.
S. 81Section 81 mandates co-operative housing societies to maintain a maintenance fund for building repairs, investments when idle, and a replacement fund for future building needs.
S. 82Section exempts mortgages to cooperative housing societies from registration but requires notification to the registering officer.
S. 83Section 83 of the DCS Act 2003 prohibits courts from handling disputes in co-operative housing societies and declares members not tenants under rent laws.
S. 84Section 84 allows the Registrar to grant certificates for recovering dues and arrears from co-operative housing societies.
S. 85Section outlines procedures for handling loan defaults by members of co-operative housing societies in Delhi.
S. 86Section 86 allows a co-operative housing society committee to expel members for persistent default, deceit, or disrepute, subject to due process and approval.
S. 87Section 87 disqualifies cooperative society members for selling property through power of attorney or acquiring additional residential property exceeding 66.72 sq. meters in Delhi.
S. 88The management of every co-operative housing society shall vest in its committee
S. 89Section mandates co-operative housing societies to create regulations for essential services and maintain a register of properties.
S. 90Every co-operative housing society shall maintain register of its properties in such form as may be prescribed
S. 91Section 91 of the DCS Act 2003 allows plot or flat sellers to transfer society membership to purchasers upon payment of fees.
S. 92Section 92 mandates the committee to appoint an architect and contractor for housing society projects, with strict timelines and oversight by the general body.
S. 93Section 93 mandates a committee to manage cooperative housing, ensure upkeep, and recover repair costs from members who fail to pay.
S. 94Section 94 mandates the Registrar to wind up a co-operative house building society after all plots are allotted and services transferred, with specific exceptions for perpetual leases and community facilities.
S. 95Section 95 of the DCS Act 2003 allows a co-operative society to dissolve itself by special resolution, with specific notice requirements and dissolution procedures.
S. 96Section 96 mandates the Registrar to inquire and potentially dissolve inactive or non-audited co-operative societies in Delhi.
S. 97Section 97 mandates the Registrar to dissolve or approve a compromise for a cooperative bank if requested by the Reserve Bank.
S. 98Section details reimbursement to the Deposit Insurance Corporation for depositors' claims when a co-operative bank is liquidated.
S. 99Section 99 appoints a liquidator to wind up a co-operative society's affairs upon dissolution.
S. 100Section 100 of the DCS Act 2003 mandates a liquidator to notify his appointment, take control of society's assets, and require debtors and creditors to submit accounts and claims.
S. 101Section 101 of the DCS Act 2003 vests co-operative society assets in the liquidator for winding up and grants the liquidator broad powers to manage and liquidate the society's affairs.
S. 102Section 102 directs that surplus assets from a wound-up cooperative society be used for public utility purposes after all liabilities are settled.
S. 103Section 103 details the liquidator's duties and the process for dissolving a cooperative society after liquidation.
S. 104Section 104 allows the Registrar to order sale of charged property to recover debts from co-operative society members.
S. 105Every decision award or order duly passed by the Registrar or the arbitrator (substituted vide Notification No
S. 106Section 106 mandates execution of liquidator's orders under the Act and land revenue recovery rules.
S. 107Section 107 allows the Registrar to attach property to prevent disposal or removal to avoid debt recovery.
S. 108Section 108 allows the Registrar to issue certificates for recovery of arrears due to members of co-operative societies.
S. 109Section 109 empowers the Registrar to act as a civil court for recovery of government dues under the DCS Act.
S. 110Section 110 allows recovery of dues from co-operative societies as land revenue arrears, prioritizing society's property and members' liability.
S. 111Section 111 empowers designated officials to exercise land revenue recovery powers and duties under the Delhi Land Reforms Act and Delhi Land Revenue Act.
S. 112Section 112 allows appeals against various Registrar and society decisions, including registration refusals, election disputes, and expulsions.
S. 113Section 113 prevents appeals against certain actions taken against co-operative banks with Reserve Bank approval.
S. 114Section 114 establishes the Delhi Co-operative Tribunal and outlines its composition, powers, and finality of its orders.
S. 115Section 115 allows review of own orders under certain conditions, with a 30-day limit for applications.
S. 116Section 116 allows the Government to review and modify decisions of the Registrar in certain proceedings, ensuring fairness and legality.
S. 117Section 117 allows the appellate authority or Tribunal to issue interlocutory orders, including stays, to prevent injustice during appeal proceedings.
S. 118Section 118 penalizes false returns, disobedience of summons, and failure to pay dues or handover society property in the Delhi Co-operative Societies Act 2003.
S. 119Section 119 prohibits unauthorized trading under a co-operative name without government sanction, with fines for violations.
S. 120Section 120 imposes a fine up to ₹5,000 for violations of the DCS Act without specific punishment.
S. 121(1) No court inferior to that of a Metropolitan Magistrate shall try any offence under this Act
S. 122Section presumes misconduct by co-operative society officers/employees in financial and property matters, holding them liable for losses.
S. 123Section presumes statements made during audits or inspections by society members are admissible as evidence under the Indian Evidence Act.
S. 124Section mandates co-operative societies to register an address for notices and notify Registrar of changes, and keep documents open for inspection.
S. 125Section 125 mandates co-operative societies to keep copies of the Act, rules, bye-laws, and member lists open for inspection at their registered address.
S. 126The section allows the government to exempt co-operative societies from certain registration requirements under the Act.
S. 127Section 127 allows the Government to exempt co-operative societies from certain provisions of the DCS Act or modify their application.
S. 128Section 128 designates authorized personnel as public servants for recovery purposes under the DCS Act.
S. 129Section 129 prevents suits against co-operative societies or officers until 90 days after written notice is given to the Registrar.
S. 130The provisions of the Companies Act, 1956 (1 of 1956) shall not apply to co- operative societies
S. 131Section 131 of the DCS Act 2003 deems existing co-operative societies registered under prior acts as registered under this Act, preserving their bye-laws and previous appointments.
S. 132Section 132 restricts civil courts' jurisdiction over co-operative societies' registration, disputes, and winding up.
S. 133Section 133 grants dispute decision-makers under the DCS Act 2003 powers of a civil court for summoning witnesses, document production, and affidavit proof.
S. 134Section 134 of the DCS Act 2003 protects the Registrar and subordinates from legal actions for good faith actions under the Act.
S. 135Section 135 mandates the Government to direct co-operative societies to establish and approve employee service rules within a year.
S. 136Section 136 allows the Government to delegate certain powers under the DCS Act to specified officers.
S. 137Section 137 empowers the Government to create rules for implementing the DCS Act, including norms for cooperative society registration and shareholding limits.
S. 138Section empowers the Registrar to issue necessary orders to co-operative banks for compliance and enforcement of banking regulations.
S. 139Section 139 allows members or creditors to request society transaction info, with penalties for refusal or obstruction.
S. 140The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law
S. 141Section 141 repeals the 1972 Delhi Co-operative Societies Act but preserves existing rights, obligations, and legal proceedings.
S. 142Removal of difficulties