Disqualification under section 35 7 d DCS act 2003 Delhi

Dear Client,
The disqualification as stated under Section 35(7)(d) of the Delhi Co-operative Societies (DCS) Act, 2003 is a legal consequence for failing to complete a statutory audit within the prescribed time and that cannot be regularised by simply paying a late fee or penalty. The clause disqualifies an officer of a co-operative society if the society has failed to complete its statutory audit within the time prescribed by the Act and is intended to penalise poor governance and ensure compliance with auditing rules. While penalties or late fees may apply for failing to file returns under Section 118(8) of the Act, the disqualification for a late audit under Section 35(7)(d)) is distinct in nature and involve severe consequence leading to removal of non-compliant individuals from office of the Society. Thus, the decision of the Registrar allowing the defaulted office bearer waiving his disqulification is contrary to the provision of governing Act. Section 70 of the Act outlines the types of disputes that must be referred to the Registrar for decision. Accordingly, the matter may be disputed before the Registrar of Co-operative Societies and if a dispute is established, the Registrar can either resolve it directly or, if the matter is complex, appoint an Arbitrator under Section 71 of the Act to make a decision. Section 132 of the Act, prohibits civil or revenue courts from having jurisdiction over matters that fall under Section 70 or other provisions of the Act.