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Section 2: Definitions

The Goa Co-operative Societies Act, 2001State Act of Goa · Act 36 of 2001

In this Act, unless the context otherwise requires,— 1[(1) “Administrative Secretary” means Secretary Co-operation to the Government of Goa,]” 2(1A) “agricultural marketing society” means a society,—

(a) the object of which is the marketing of agricultural produce and the supply of implements and other requisites for agricultural production; and

(b) not less than three-fourths of the members of which are agriculturists, or societies formed by agriculturists;

(2) “agricultural service co-operative society” means an agricultural co-operative society, the primary object of which is to render assistance, financial or otherwise, to -2- farmers, rural artisans and agricultural labourers;

3[(2a) “apex co-operative bank” means a federal co-operative bank having jurisdiction over the whole of the State of Goa and recognized as such by the State Government for the purpose;]

(3) “apex society” means a society, the area of operation of which extends to the whole of the State of Goa, and the main object of which is to promote the principal objects of the societies affiliated to it as members and provide for the facilities and services to them and which has been classified as an apex society by the Registrar;

(4) “area of operation” means the area from which the membership is drawn or specified in the bye-laws;

(5) “auditor” means a person appointed by the Registrar or by a society, to audit the accounts of the society;

4[(5a) “authorised person” means a person authorised under the provisions of this Act;]

5[(6) “board” means the board of directors or the governing body of a society, to which the direction and control of the management of the affairs of a society is entrusted to;]

(7) “bye-laws” means bye-laws prescribed under the Rules and registered under this Act and include registered amendments of such bye-laws;

(8) “central bank” means a co-operative bank, the object of which includes the creation of funds to be loaned to other societies but does not include the urban co-operative bank;

(9) “chief executive” with whatever designation called, means an individual, who, subject to the superintendence, control and direction of the board of directors, has been entrusted by the board, with the management of the affairs of the society;

6[(9a) “Committee” means the managing committee or other body, to which the management of the affairs of a society is entrusted;

(9b) “Co-operative Society” means a society registered or deemed to be registered under this Act;]

(10) “co-operative farming society” means a co-operative society the principal object of which is to organise cultivation of lands held by it or by its members, jointly or otherwise, with a view to increasing agricultural production and employment by proper utilisation of land, labour and other resources;

(11) “consumers co-operative society” means a co-operative society the primary object of which is the procurement and distribution of goods to, or the performance of other services for its members as also other customers;

(12) “co-operative tribunal” means the Goa Co-operative Tribunal constituted under section 114 of this Act;

(13) “co-operative housing society” means a society as defined in section 102 of this Act;

(14) “co-operative bank” means a society registered under this Act and doing the business of banking as defined in clause (b) of section 5 of the Banking Regulation Act, 1949 (Central Act X of 1949);

(15) “co-operative credit society” means a co-operative society the primary object of -3- which is to create funds for lending money to its members;

7[(16)***]

(17) “co-operative year” means a year or period ending on the thirty-first day of March;

(18) “director” means a member of the board of directors;

(19) “dividend” means the amount paid, out of the profits of a society, to a member in proportion to the shares held by him;

8[(19a) “Executive Magistrate” means an Executive Magistrate appointed by the Government;]

(20) “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-fifths of the total number of votes in the general meetings of such society;

9[(20a) “Financing Bank” means a co-operative bank, the objects of which includes the creation of funds to be lent to other co-operative societies;

(20b) “firm” means a firm registered under the Indian Partnership Act, 1932 (Central Act 9 of 1932);]

(21) “general body” in relation to a primary society, means all the members of the primary society and in relation to a federal society and apex society, means all the delegates of the member societies and includes a representative general body constituted under section 69 of this Act;

(22) “general meeting” means a meeting of the general body of a society;

10[(22a) “general society” means a society not falling in any of the class of societies as defined in section 2 of the Act;];

(23) “Government” means the Government of Goa;

(24) “industrial co-operative society” means a co-operative society, the object of which includes manufacture, processing and marketing of goods by or with the help of its members and providing supplies and services to them;

(25) “joint member” means a member who holds jointly a share of a society with another but whose name does not stand first in the share certificate;

(26) “lift irrigation society” means a society, the object of which is to provide water supply by motive power or otherwise to its members for agriculture, horticulture and other purposes;

11[(26a) “Limited Liability Partnership” means a firm registered under the Limited Liability Partnership Act, 2008 (Central Act 6 of 2009);]

(27) “Liquidator” means a person appointed as liquidator under section 93 of the Act;

(28) “member” means an individual or entities mentioned in section 21 joining in the application for the registration of a co-operative society which is subsequently registered, -4- or duly admitted to membership of a society after registration and includes a joint member;

12[(29) “Multi-State Co-operative Society” means a co-operative society with objects not confined to one State and registered or deemed to be registered under any law for the time being in force relating to such co-operatives;]

(30) “mutually aided society” means a society which does not have any share capital, loans or any financial assistance from the State or the Central Government except with a Memorandum of Understanding with the Government;

13[(30a) “nominal member” means a person admitted to membership as such after registration in accordance with the bye-laws.]

14[(30b) “office bearer” means a President, Vice-President, Chairperson, Vice- Chairperson, Secretary, Treasurer, of a co-operative society and includes any other person to be elected by the board of any co-operative society;]

15[(31) “Officer” means the person empowered under this Act or under the rules or under the bye-laws to give directions in regard to day-to-day business of a co-operative society;]

(32) “Official assignee” means a person appointed by the Registrar to act as an Official assignee under section 20 of the Act;

(33) “Official Gazette” means the Official Gazette of the Government;

(34) “patronage refund’ means annual refund to members in proportion to their transactions with the society during the year;

(35) “prescribed” means prescribed by rules;

(36) “primary society” means a society whose membership is available only to individuals;

(37) “processing society” means a society the object of which is the processing of goods;

(38) “producers’ society” means a society, the object of which is the production and disposal of goods or the collective disposal of the labour of the members thereof;

16[(38a) “Reconciliator” means a Reconciliator appointed by the Registrar under subsection (1) of section 113A on the panel of Reconciliators;]

17[38b]“Recovery Officer” means any person empowered to exercise in any district, the powers specifically delegated by the Registrar in relation to the recovery of debts under this Act;]

(39) “resource society” means a society, the object of which is the obtaining for its members of credit, goods or services required by them;’

(40) “Registrar” means a person appointed under section 4 of this Act and includes any other person on whom all or any of the powers of the Registrar under this Act are conferred;

(41) “rules” means rules made under this Act;

18[(41a) “Sale Officer” means any person empowered by the Registrar by general or special order, to attach and sell the property of defaulters or to execute any decree by attachment and sale of property;

-5- (41b) “section” means a section of this Act;]

(42) “State” means the State of Goa.

19[(42a) “State level co-operative society” means a co-operative society having its area of operation extending to the whole of a State and defined as such in any law made by the Legislature of a State;]

(43) “society” means a co-operative society registered or deemed to be registered under this Act;

(44) “society with limited liability” means a society having the liability of its members limited by its bye-laws;

(45) “state aided society” means a society which is not a mutually aided society;

20[(45a) “surety” means a guarantor to the principal debtor of the society who may or may not be a member of the society;]

(46) “surplus” means the net excess of income over the expenditure;

21[(46a) “surplus fund account” means the account maintained by the Registrar;

(46b) “working capital” means funds at the disposal of a society inclusive of paid-up share capital, funds built-up out of profits and money raised by borrowing and/or by other means;].

(47) “year” means a Co-operative year as defined in this Act;

Where this provision sits

ActThe Goa Co-operative Societies Act, 2001
Section2
Marginal noteDefinitions
JurisdictionState of Goa
StatusIn force as published by the source

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