(1) In these rules, unless the context otherwise requires-
(a) "Act" means the Delhi Co-operative Societies Act 2003 (Delhi Act 3 of 2004);
(b) “borrowed capital” means the total loans, deposits and other borrowings of a cooperative society including the debentures subscribed and paid up;
(c) "decree" means any decree of a civil court and includes any decision, award or order referred to in section 105 of the Act;
(d) "Decree-holder" means any person in whose favour a decree has been passed;
(e) "Defaulter" means any co-operative society, member or other person committing default in payment of loan installment, land money, construction money or annual subscription payable as provided in the byelaws of co-operative society for which due notice for payment has been served on the member/cooperative society or an award has been passed for recovery of such sum;
(f) "Defunct Co-operative Society" means a co-operative society which has not carried on business for three consecutive years or its accounts have not been got audited since three or more years;
(g) “First degree blood relation” means father, mother, brother, sister, son, daughter or spouse;
(h) "Form" means a form appended to these rules;
(i) “General body Meeting” means a meeting of the general body;
(j) "Government dues" include:- 2
(i) Audit fee leviable for audit under section 60;
(ii) Cost of inspection and enquiry leviable under section 64;
(iii) Loans, share capital, subsidy and grant-in-aid refundable under the terms of any agreement executed between the co-operative society and the President of India;
(iv) Arbitration fee etc;
(v) Any amount spent or to be spent by the government on conducting elections of a committee, process fee and diet charges for civil arrest, imprisonment and civil confinement of the defaulters and contribution;
(vi) Any other demand raised or dues payable to the Government;
(k) "Judgment-debtor" means any co-operative society against which or any person against whom a decree has been passed;
(l) “Maxim Credit Limit” means the extent to which a co-operative society may receive deposits, loans and advances from non-members;
(m) "Model bye-laws" means a set of bye-laws approved and proposed by the Registrar for general adoption by a class of co-operative society;
(n) “Near Relative” means daughter-in-law, son-in-law, grandfather or grandmother;
(o) "Net Profit" has the same meaning as defined in Accounting Standard, prescribed by the Institute of Chartered Accountants of India;
(p) "Official Gazette" means the Delhi Gazette;
(q) "Owned Capital" means the paid-up share capital, reserve fund, any other reserve which has been created out of profits and undistributed and unappropriated profits, if any;
(r) "Paid up Share Capital" means such portion of the subscribed share capital as is actually paid-up in cash and/or credited as paid-up;
(s) “Person" include an individual, competent to contract under Indian Contract Act 1872 and Government, a Co-operative Society, a Firm, a Joint Stock Company, a Self Help Group as defined by NABARD/RBI or any other body corporate constituted under any law for the time being in force;
(t) "Promoter" means person or persons who take(s) part in the process of the organisation and promotion of a co-operative society and signs the application for registration;
(u) "Schedule" means the schedule appended to these rules;
(v) "Section" means the section of the Act;
(w) "Share" means share in the capital of the co-operative society;
(x) "Working Capital" includes such portion of the reserved fund, other reserves appropriated out of profits, paid-up share capital, loans and deposits received by a co-operative society and debentures issued by a co-operative society as have not been locked up in building and other fixed assets;
(y) Words and expressions used but not defined in these rules and defined in the Act, shall have the meanings assigned to them in the Act.
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(2) Unless otherwise specified in the rules and the bye-laws of a co-operative society;
(a) words importing the masculine gender include the feminine gender;
(b) words in singular include their plural and vice versa;
(c) expressions referring to writing include printing, typing, lithography, photography and other methods of representing or reproducing words in a visible form:
(d) with reference to a person who is unable to sign his name, the word "signature" shall include his "Thumb-impression" or other mark duly attested to signify his signature; and
(e) when any rule or any bye-laws of a co-operative society requires the determination of one half, one third or other fraction of a number and that number is not evenly divisible by two, three or such other figures as may be required, the number next below, which is evenly divisible by two, three or such other figure shall be taken for the original number.
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CHAPTER II REGISTRATION
3. Persons appointed to assist the Registrar.
(1) Persons appointed to assist the Registrar under section 3 may be designated as the Additional Registrar, Joint Registrar, Deputy Registrar or Assistant Registrar.
(2) The Registrar may appoint other field and ministerial staff to enable him or other officers to whom powers of the Registrar have been conferred to carry on the functions efficiently and for the promotion of the co-operative movement.
(3) The Registrar may delegate by general or special order any of the functions and powers of the Registrar under the Act and Rules to any officer appointed by Government in clause (1).
4. Classification of co-operative societies.
(1) Subject to the provisions of sub-section (1) of section 4, a co-operative society having the object of facilitating the operation of any one of the classes or sub-classes hereinafter given shall be classified as a co-operative society of that class or sub-class namely:-
(a) "resource co-operative society" means a co-operative society having the objective of obtaining for its members, the credit, goods or services required by them, such as:-
(i) Urban Thrift and Credit co-operative society;
(ii) Agricultural Credit co-operative society;
(iii) Agricultural Non-Credit co-operative society;
(iv) Multipurpose co-operative society which includes amongst its primary objects, the objects specified in sub clauses (ii) and (iii) above;
(v) Urban co-operative bank;
(vi) Delhi Cooperative Housing Finance Corporation;
(vii) Delhi State Co-operative Bank / Co-operative Land Mortgage Bank.
(viii) (a) Industrial Producers co-operative society.
(b) Labour and Construction co-operative society.
(c) Transport co-operative society.
(d) Industrial Service co-operative society.
(e) Handloom co-operative societies and Leather co-operative society.
(f) Household Industrial co-operative society.
(ix) Thrift , Retirement and other ancillary benefits co-operative society;
(x) Security Service Co-operative Society, Tourism Co-operative Society, Health Care Co-operative Society, Wastes and Energy Conservation Cooperative Society, Water Harvesting Co-operative Society, Environment Protection Cooperative Society, Cultural Co-operative Society, etc.;
(xi) Integrated Development Co-operative Society;
(b) "producers co-operative society" means a co-operative society having the objects of producing and disposing the goods as collective property of its 5 members and includes a co-operative society formed with the object of collective disposal of labour of the members of such co-operative society;
(c) "consumers co-operative society" means a co-operative society having the objects of obtaining and distributing goods to or, of performing services for its members as well as to other consumers within the area of operation specified in its bye-laws, and of dividing among its members and customers in a proportion prescribed by the rules or by the byelaws of such co-operative society, the profits accruing from such supply and distribution;
(d) " co-operative housing society" means a co-operative society as defined in clause (e) of section 74 of the Act.
(e) "processing co-operative society" means a co-operative society having the object of processing of goods by mechanical or manual process;
(f) "marketing co-operative society" means a co-operative society having the object of marketing agricultural or other produce and includes amongst its objects, the supply of the requisites of such production;.
(g) "joint farming co-operative society" means a co-operative society having with the object of increasing agricultural production, employment, income and better utilization of resources, land held by members is pooled together and is jointly cultivated by the members on behalf of the co-operative society;
(h) "collective farming co-operative society" means a cooperative society having the objects of increasing agricultural production, on the land acquired in the name of cooperative society, and such land is collectively and jointly cultivated by the members themselves on behalf of the co-operative society.
(i) "Co-operative Union" means an apex federal co-operative society, formed for undertaking co-operative education and training / propaganda and publicity, publication of literature, etc;
(j) “Multi purpose Co-operative Society” means a society formed with the object of undertaking multifarious activities for the economic and social development of its members except as provided in subclause (iv) of clause a.
(2) Every co-operative society shall be classified by the Registrar in accordance with subrule(1)
(3) The Registrar, may divide any class of co-operative society into sub-categories with reference to the composition of membership, the nature of business transacted or the articles handled by the co-operative society or any other similar consideration.
(4) If any co-operative society classified as aforesaid is a federal co-operative society it may be classified as Apex federal co-operative society or Central federal cooperative society.
NOTE (i) "apex federal co-operative society" means a co-operative society whose area of operation extends to the whole of the National Capital Territory of Delhi and having its principle objects to facilitate, promotion and operation of the other cooperative societies of same class affiliated to it;
(ii) "central federal co-operative society" means a co-operative society whose area of operation is confined to a specified part of the National Capital Territory of Delhi and having its principal object, for promotion of the principal objects and 6 the provision of facilities for the operation of other co-operative societies affiliated to it.
(5) The decision of the Registrar, with regard to classification of a co-operative society with in the meaning of this rule, shall be final.
5. Application for Registration
(1) Every application for registration of a co-operative society under sub section (1) of section 7, of the act shall be made in Form - 1 in (Hindi or English) and shall subject to the provisions of sub-rule (2) and sub-rule (3), be duly signed by twenty promoter members and shall be accompanied by:-
(a) The name of a co-operative society mentioned in the application form should not contain any text showing discrimination on basis of gender, social, inequality, racial, political ideology and religious consideration;
(b) Four copies of the proposed bye-laws of the co-operative society duly signed by each of the promoter members;
(c) List of promoter members along with their names, address, profession, monthly income, proof of residence including Voter Identity Card / Passport/Driving License duly attested by Gazetted Officer, M.P./ M.L.A., in-case of co-operative housing society, a copy of bank account pass book with address of bank and a copy of PAN card issued by Income Tax Authorities is to be enclosed;
(d) A certificate from the financing bank to the effect that the amount of share capital raised by the promoters has been deposited in the name of the proposed cooperative society in suspense account;
(e) A certificate from a gazetted officer attesting photograph, signature and certifying the residential address of the promoter members in case of co-operative housing society;
(f) No application of registration of a co-operative housing society shall be entertained by the Registrar without obtaining confirmation of availability of land from land allotting agency.
(g) A list of promoters members who have contributed to the share capital together with the amount contributed by each of them, and the entrance fee paid by them;
(h) The Promoters members shall submit proposal for approval of the Registrar on prescribed form along with an affidavit of chief promoter as required by the Registrar;
(i) The scheme showing the details regarding working of the co- operative society will be economically sound. The legal status of the premises proposed to be used for registered office or working place should be clear, it should not be in the buildings/offices where entry is restricted or regulated by authorities other than society itself, to acquire another office outside such buildings/offices to ensure free access to the members of the society as well as officials of the co-operative Societies, as the case may be, its document should be attested by notary public or Gazetted officer and, where the scheme envisages the holding of immovable property by the co-operative-society, the description of immovable property proposed to be purchased, acquired or transferred to the co-operative 7 society, the scheme shall be drawn in accordance with the viability norms for registration of different classes/types of societies as given in Schedule-VI to these rules. These norms can be modified by the Government from time to time;
(j) A declaration on oath from each of the promoter members to the effect that he is not a member of the family of any other promoter joining in the application for registration within the meaning of explanation given under section 5 and declaration to the effect that he is not member of any other co-operative society of the same kind;
(k) A proof of residence of the promoter members in the area of operation.
(l) In the case of a co-operative housing society, an affidavit in form-C of the Schedule-VII from each of the promoter members.
(m) A statement showing financial position of each of the promoter members;
(n) Certified copy of the resolution of the promoter members adopting the byelaws and authorizing two office bearers, who are to make alterations/additions in the proposed bye-laws submitted, as suggested by Registrar and also to specify the name and address of the person to whom Registrar may address the correspondence before registration and issue of registration certificate;
(o) In case of co-operative housing society, a letter of confirmation of availability of land from the land allotment agency and copies of ownership documents of land alongwith the certificate of residential land use for group housing from concerned local body if the land is owned by the promoters. The number of members indicated at the time of registration shall be freezed strength of a co-operative housing society;
(p) Such other documents as may be specified by the Registrar.
(2) Where any member of a co-operative society to be registered, is a registered co-operative society, a member of the committee of such a registered co-operative society shall be authorised by the committee by a resolution to sign the application for registration and the bye-laws on its behalf, and a copy of such resolution shall be appended to the application.
(3) Where any member of a co-operative society to be registered, is a firm, company, corporate body, society registered under the societies Registration Act 1860, or public trust registered under relevant law for the time being in force relating to registration of Public Trusts, or a Local Authority, then such firm, company, corporate body, society, public trust or local authority shall duly authorise any person to sign the application for registration and the bye-laws on its behalf, and a copy of such authority shall be appended to the application.
(4) The application shall be sent to the Registrar by registered post, or delivered by hand along with documents/information fulfilling all the conditions of the viability norms.
(5) On receipt of an application under sub-rule (4), the Registrar shall, enter particulars of the application in the register of applications to be maintained in Form no-2, allot a serial number to such application and issue an acknowledgement thereof.
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6. Disposal of application for registration
(1) On receipt of the application under rule 5 and before disposal of such application under section 9, the Registrar may call for such further information from the applicants or make such independent enquiries as he may deem fit.
(2) Subject to provision of section 9 of the Act, the Registrar may give, whenever necessary, the reasonable time not exceeding one month to the promoter members to modify the proposed bye-laws before finally registering the co-operative society.
(3) On registering a co-operative society and its bye-laws under sub-section (1) of section 9, of the Act the Registrar shall, grant to such co-operative society, a certificate of registration in Form - 3 signed by him and bearing his official seal and containing the registration number of such co-operative society, and the date of its registration.
(4) The Registrar, shall, also furnish to the co-operative society, a copy of the bye-laws duly approved and registered by him, with a certificate in the following form recorded on the last page of the bye-laws after the signatures of the promoter members:- Certified that these bye-laws have been registered under sub section (1) of the Delhi Cooperatives Societies Act, 2003, at page .............................. Volume No.....................
this.................day of...................20…..
Signature of the Registrar………………… Seal of the Registrar......................................
(5) The documents referred in sub-rule (3) shall be delivered to a person authorized by the promoter members of such co-operative society or shall be dispatched by post under "acknowledgement due" registered cover.
(6) In case of deemed registration of a cooperative society under second provision to subsection (3) of section 9 of the Act, the Registrar shall issue registration certificate on receipt of a request along with requisite documents prescribed in rule 5 from the applicant, so that certificate under section, 10 of the Act can be issued and unless the complete documents as prescribed, are submitted the benefit of deemed provision shall not be available.
7. Maintenance of register.
(1) The Registrar shall maintain a register in Form -4 year wise in respect of co-operative societies registered or deemed to be registered under the Act in accordance with the classification made under section 21 of the Act, which shall be in the manual or electronic form or in both
(2) The Registrar shall assign for each class or sub-class of co-operative society, a code symbol, for giving registration number to the co-operative society and the co-operative society shall be registered from the date specified in the certificate of registration.
(3) All the co-operative societies on the date of commencement of these rules shall be deemed to be registered under the Act, and shall first be entered in the register in Form-5 under distinct code symbol assigned to a class of co-operative society to which the existing co-operative society belongs in chronological order with reference to the date of earlier Registration deemed to have been registered under the Act.
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8. Commencement of business Every co-operative society shall commence its business within one hundred eighty days from the date of its registration.