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Date: 2022-03-31 Category: Extra Ordinary State: Union Government Country: India

Provision of DCS Act and Rules

Issued by Government of The National Capital Territory of Delhi · Registrar Cooperative Society

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Okay, I'm ready to analyze the provided government policy text and generate the requested report. Here's the report: **Report on Amendment to Delhi Cooperative Societies Act, 2003 regarding Election Timelines** **1. Executive Summary:** This report analyzes an amendment to the Delhi Cooperative Societies Act, 2003, specifically concerning the timelines for conducting elections for cooperative society committees. The amendment, issued on March 29, 2022, addresses situations where committee tenures expired between January 1, 2022, and February 28, 2022, and elections could not be held due to COVID-19 related restrictions. It mandates that these committees arrange elections by April 30, 2022, effectively extending their tenure until the new committee is elected. The key finding is that the amendment provides a specific, temporary extension to address election delays caused by extraordinary circumstances. **2. Introduction:** This report aims to provide a clear and concise overview of the amendment to the Delhi Cooperative Societies Act, 2003, as detailed in the provided Delhi Gazette notification dated March 29, 2022. The analysis focuses on the changes introduced by the amendment and their implications for cooperative societies in Delhi. **3. Policy Overview:** * **Original Policy:** Delhi Cooperative Societies Act, 2003, Section 35 (Term of office of elected members of the committee). * **Core Objective(s) (Inferred from Text):** To ensure the continuity of governance within cooperative societies in Delhi while adhering to election timelines outlined in the Delhi Cooperative Societies Act, 2003, Section 35, especially when faced with disruptive events. **4. Background and Rationale:** The amendment addresses the disruption caused by the COVID-19 pandemic and associated restrictions, which likely prevented cooperative societies from conducting elections as per the standard schedule. The rationale behind this amendment is to provide a legal framework for extending the tenure of existing committees, ensuring the continued functioning of these societies until new elections can be organized. **5. Key Provisions / Changes:** * **Specific Part of Original Policy Changed:** Section 35 of the Delhi Cooperative Societies Act, 2003, concerning the term of office of elected committee members. * **New Rule/Provision:** For all cooperative societies where the committee's tenure expired between January 1, 2022, and February 28, 2022, and elections could not be held, the existing committee *must* arrange for elections of a new committee by April 30, 2022. The tenure of the existing committee is extended until the election of the new committee. * **Difference/Effect of the Change:** The amendment provides a *conditional* extension of tenure for existing committees that were unable to conduct elections within the originally prescribed timeframe. This prevents a potential governance vacuum within these societies. It also sets a firm deadline (April 30, 2022) for these societies to hold elections. **6. Target Audience and Stakeholders:** The primary target audience is cooperative societies registered with the Registrar Cooperative Societies, Delhi, particularly those whose committee tenures expired between January 1, 2022, and February 28, 2022, and were unable to hold elections. Stakeholders include: * Members of cooperative societies * Existing committee members of affected societies * The Registrar Cooperative Societies, Delhi **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** Registrar Cooperative Societies, Delhi, is responsible for overseeing the implementation of this amendment and ensuring that affected societies comply with the April 30, 2022, deadline. The Lieutenant Governor of the National Capital Territory of Delhi has authorized the policy. * **Timelines/Procedures:** The key timeline is April 30, 2022, by which affected societies must conduct elections. The procedure is for the existing committees to arrange for these elections. * **Amendment-Specific Implementation:** Affected committees are responsible for initiating and completing the election process by the specified date. **8. Expected Outcomes / Impact of Changes:** The intended outcome of this amendment is to: * Ensure that cooperative societies continue to function without disruption by legally extending the tenure of existing committees. * Facilitate the timely election of new committees, restoring the standard election cycle. * Provide clarity and legal certainty for cooperative societies operating under the Delhi Cooperative Societies Act, 2003. * Mitigate potential legal challenges or disputes arising from election delays. **9. Conclusion:** The amendment to the Delhi Cooperative Societies Act, 2003, regarding election timelines is a targeted and time-sensitive measure designed to address the specific challenges posed by the COVID-19 pandemic. It offers a practical solution for cooperative societies whose election cycles were disrupted, ensuring continuity and stability within these organizations. The amendment's significance lies in its ability to balance adherence to legal frameworks with the need to adapt to unforeseen circumstances, maintaining good governance practices within the cooperative sector of Delhi.

Key Entities Referenced

National Capital Territory of Delhi: A Union Territory and metropolitan region in India. Delhi Cooperative Societies Act, 2003: An act pertaining to cooperative societies in Delhi. Lieutenant Governor of National Capital Territory of Delhi: The executive head of the National Capital Territory of Delhi. Covid19: Refers to the Coronavirus Disease 2019, the pandemic that caused restrictions. Registrar Cooperative Societies, Delhi: The office responsible for registering cooperative societies in Delhi. Dr. T. PHILIP THANGLIENMANG: Special Registrar who issued the order on behalf of the Lieutenant Governor of the National Capital Territory of Delhi
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रजिस्ट्री स.ं डी.एल.- 33002/99 REGD. No. D. L.-33002/99 भारत स रकार GOVERNMENT OF INDIA एस.जी.-डी.एलx.x-xअG.I-D0H1x0x4x2 022-234774 SG-DL-xEx-x0G1I0D4E2x0xx2 2-234774 असाधारण EXTRAORDINARY प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 222] दिल्ली, बृहस्ट्प जतिार, माच ा 31, 2022/चत्रै 10, 1944 [रा.रा.रा.क्ष.ेदि. स.ं 593 No. 222] DELHI, THURSDAY, MARCH 31, 2022/CHAITRA 10, 1944 [N. C. T. D. No. 593 भाग IV PART IV राष्ट्रीय रािधानी राज्य क्षत्रे दिल्ली सरकार GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI कायाला य, पिं ीयक सहकारी सोसायटीि अजधसचू ना दिल्ल ी, 29 माच,ा 2022 फा. स.ं 47/नीजत/06/2020/42.—दिल्ली सहकारी सजमजत अजधजनयम, 2003 (2004 का दिल्ली अजधजनयम 3) की धारा 127 द्वारा प्रित्त िजियों का प्रयोग करत े हुए, राष्ट्रीय रािधानी क्षेत्र दिल्ली के उपराज्यपाल द्वारा कोजिड-19 जस्ट्िजत के कारण लाग ू जिजभन्न दििा-जनिेिों जस्ट्िजत और प्रजतबंधों को ध्यान म ें रखत े हुए आिेि दिया िाता ह ै दक दिल्ली सहकारी सजमजत अजधजनयम, 2003 अजधजनयम की धारा 35 में जनजहत, चुनाि स े संबंजधत और सजमजत के जनिााजचत सिस्ट्यों के कायाकाल से संबंजधत प्रािधान जनम्नानुसार संिोजधत दकये िाते ह:ै- “उन सभी सहकारी सजमजतयों के मामले म,ें िहा ं सहकारी सजमजत का कायाकाल 01 िनिरी, 2022 से 28 फरिरी, 2022 के बीच समाप्त हो चुका ह ै और िहां अब तक सहकारी सजमजतयों की नई सजमजत के चनु ाि नहीं हो सके ह,ैं इन सहकारी सजमजतयों का कायाकाल 30 अप्रैल, 2022 तक बढाया िाता ह।ै दिल्ली राष्ट्रीय रािधानी के उपराज्यपाल के आिेि से और उनके नाम पर, डॉ. टी. दफजलप िंजललयनमांग, जििेष पंिीयक 2310 DG/2022 (1)2 DELHI GAZETTE : EXTRAORDINARY PART IV] OFFICE OF THE REGISTRAR COOPERATIVE SOCIETIES NOTIFICATION Delhi, the 29th March, 2022 F. No. 47/Policy/06/2020/42.—In exercise of powers conferred by section 127 of the Delhi Co-operative Societies Act, 2003 (Delhi Act 3 of 2004), the Lieutenant Governor of National Capital Territory of Delhi keeping in view various guidelines and restrictions which remained in force on account of Covid-19 situation, hereby order that the provisions relating to election of the term of office of elected members of the committee as contained in Section 35 of Delhi Co-operative Societies Act, 2003; shall apply to all the cooperative societies registered with the Registrar Cooperative Societies, Delhi with following modification:- “In all cases where the tenure of the Committee expires between 01th January, 2022 to 28th Feb, 2022 and where elections of the new committee of the society could not be conducted so far, the Committee shall arrange election of the new committee by 30th April, 2022 and the tenure of the Committee of these societies would accordingly stand extended till the election of the new committee.” By Order and in the Name of The Lieutenant Governor of the National Capital Territory of Delhi, Dr. T. PHILIP THANGLIENMANG, Spl. Registrar Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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