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TypeBare Act JurisdictionDelhi Government

The DCS Act 2003 Section 86

(1) Notwithstanding anything contained in this Act and the rules framed

~2 min read
https://sooperkanoon.com/act/554663

Bare act section · Research

About this section

The DCS Act 2003 Section 86 is part of The DCS Act 2003 - (1) Notwithstanding anything contained in this Act and the rules framed. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

thereunder, the committee of a co-operative housing society may, by a resolution, expel a member on any one or more of the following grounds, namely -

(a) if he has been a persistent defaulter in respect of any dues of the co-operative housing society; or (b) if he has willfully deceived the co-operative housing society by making any false statement or submitting any false document to obtain the membership of such co-operative society; or (c) if he has brought disrepute to the co-operative society or has done any other act detrimental to the interest and proper working of the co-operative society :

Provided that no such resolution shall be passed unless the member concerned has been given an opportunity of being heard after service of three registered notices confronting the member with the grounds for his proposed expulsion :

Provided further that no member shall be expelled unless a resolution to that effect is passed by not less than three-fourths of the members of the committee present and entitled to vote at the meeting and no resolution for expulsion shall be valid unless approved by the Registrar.

(2) After the resolution for expulsion is passed as above by the committee, the resolution shall be referred to the Registrar for approval within a period of thirty days.

(3) On the receipt of the resolution for expulsion, the Registrar shall take cognizance of such resolution within thirty days and pass a final order either approving the expulsion or rejecting the proposal for expulsion within a period of one hundred and eighty days and if the matter is not decided by the Registrar within the aforesaid period, the expulsion of such a member shall be deemed to have been approved :

Provided that the Registrar, before approving the resolution, shall hear the parties concerned in the manner prescribed and shall have power to summon and enforce attendance of witnesses including the parties interested or any of them and compel them to give evidence on oath, affirmation or affidavit and to compel production of documents by the same means and as far as possible in the same manner as provided in the case of a civil court under the Code of Civil Procedure, 1908 (5 of 1908) and the order under this section so passed by the Registrar, shall be final with a right for appeal before the Tribunal.

(4) Any party aggrieved by the order of the Registrar or deemed approval of expulsion, as the case may be, under sub-section (3) may, within sixty days from the date of such order, appeal to the Tribunal. Additional grounds for Cessation of membership of co-operative housing society.

Frequently asked questions

What does The DCS Act 2003 Section 86 provide?

Section Section 86 of the The DCS Act 2003 ((1) Notwithstanding anything contained in this Act and the rules framed) is reproduced on this page as part of the The DCS Act 2003. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on The DCS Act 2003 Section 86?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference The DCS Act 2003 Section 86. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Delhi, confirm the wording against the official state gazette or authorized publication.

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