Delhi Co-operative Societies Act, 1972
No: 35 Dated: Jun, 17 1972
THE DELHI CO-OPERATIVE SOCIETIES ACT, 1972
ACT NO. 35 OF 1972
An Act to consolidate and amend the law relating to co-operative societies in the Union territory of Delhi.
BE it enacted by Parliament in the Twenty-third Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.—(1) This Act may be called the Delhi Co-operative Societies Act, 1972.
(2) It extends to the whole of the Union territory of Delhi.
(3) It shall come into force on such date as the Lieutenant-Governor may, by notification in the Delhi Gazette, appoint.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “bye-laws” means the registered bye-laws for the time being in force, and includes registered amendments of such bye-laws;
(b) “committee” means the governing body of a co-operative society, by whatever name called, to which the management of the affairs of the society is entrusted;
(c) “co-operative bank” shall have the same meaning as is assigned to it in the Deposit Insurance Corporation Act, 1961 (47 of 1961);
(d) “co-operative society” means a society registered or deemed to be registered under this Act;
(e) “co-operative society with limited liability” means a co-operative society the liability of whose members is limited by its bye-laws to the amount, if any, unpaid on the shares individually held by them or to such amount as they may individually undertake to contribute to the assets of the society, in the event of its being wound up;
(f) “co-operative society with unlimited liability” means a co-operative society the liability of whose members is unlimited for the purpose of contributing jointly and severally to any deficiency in the assets of the society in the event of its being wound up;
(g) “Deposit Insurance Corporation” means the Deposit Insurance Corporation established under section 3 of the Deposit Insurance Corporation Act, 1961 (47 of 1961);
(h) “federal society” means a society—
(a) not less than five members of which are themselves societies; and
(b) in which the voting rights are so regulated that the members which are societies have not less than four-fifth of the total number of votes in the general meeting of such society;
(i) “financing bank” means a co-operative society, the objects of which include the creation of funds to be lent to other co-operative societies;
(j) “Lieutenant-Governor” means the administrator of the Union territory of Delhi appointed by the President under article 239 of the Constitution;
(k) “member” means a person joining in the application for the registration of a co-operative society and a person admitted to membership after such registration in accordance with this Act, the rules and the bye-laws, and includes a nominal and an associate member and the Central Government when it subscribes to the share capital of a society;
(l) “officer” means the president, vice-president, chairman, vice-chairman, managing director, secretary, manager, member of committee, treasurer, liquidator, administrator and includes any other person empowered under the rules or the bye-laws to give directions in regard to the business of a co-operative society;
(m) “prescribed” means prescribed by rules;
(n) “Registrar” means a person appointed to perform the functions of the Registrar of Co-operative Societies under this Act, and includes any person appointed to assist the Registrar when exercising all or any of the powers of the Registrar;
(o) “Reserve Bank” means the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934 (2 of 1934);
(p) “rules” means the rules made under this Act;
(q) “Tribunal” means the Delhi Co-operative Tribunal constituted under section 78.
CHAPTER II
REGISTRATION OF CO-OPERATIVE SOCIETIES
3. Registrar.—(1) The Lieutenant-Governor may appoint a person to be the Registrar of Co-operative Societies for the Union territory of Delhi and may appoint other persons to assist him.
(2) The Lieutenant-Governor may, by general or special order, confer on any person appointed to assist the Registrar all or any of the powers of the Registrar under this Act.
(3) Every person appointed to assist the Registrar shall exercise the powers conferred on him under sub-section (2) subject to the general guidance, superintendence and control of the Registrar.
(4) The Lieutenant-Governor may, by notification in the Delhi Gazette and subject to such conditions as he may think fit to impose, confer all or any of the powers of the Registrar under this Act on any federal society, or an officer of such federal society; and every such federal society or officer on whom the powers of the Registrar are so conferred shall exercise such powers under the general guidance, superintendence and control of the Registrar.