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State of Madhya Pradesh - Section

Section 2 in The M.P. Swayatta Sahakarita Adhiniyam, 1999

2. Definitions.

(1)In this Act, unless the context otherwise requires,-
(a)"arbitration council" means a group of three individuals constituted by the general body of a co-operative for settlement of disputes under Section 57 in accordance with the provisions of this Act and the bye laws;
(b)"board" means by governing body of a co operative by whatever name called, to which the direction of the affairs of the co-operative is entrusted under the bye laws;
(c)"bye-laws" means the bye-laws of a co-operative for the time being in force and includes the amendment made therein from time to time;
(d)"chief executive" means the individual, in paid or honorary capacity, nominated or elected or appointed by the board from among members, directors or others, in accordance with the bye-laws, who shall perform such functions, have such responsibilities and exercise such powers its specified in the bye-laws, and assigned by the board;
(e)"common need" means the economic need which is common to till persons who wishes to form a co-operative, or have taken membership in a co-operative, and which is consistent with the objective of the co-operative;
(f)"co-operative", where used as a noun, means an autonomous association of persons united voluntarily to meet their common need through a jointly owned and democratically controlled enterprise registered under this Act;
(g)"co-operative society" means a society registered under the Co operative Societies Act;
(h)"Co-operative Societies Act" means the Madhya Pradesh Co-operative Societies Act, 1960 (No. 17 of 1961);
(i)"co-operative business" means a business which intends to function in accordance with the co-operative principles specified m Schedule A;
(j)"co-operative identity" means the statement of co-operative identity specified in Schedule A;
(k)"cooperative tribunal" means the Madhya Pradesh State Co operative Tribunal constituted under Section 77 of the Co-operative Societies Act;
(l)"core services" means the central services provided to members, through which a co-operative intends to meet the need common to all members for the fulfilment of which the co-operative was formed, and includes value adding services;
(m)"Court" means the Civil Court of competent jurisdiction;
(n)"deficit" means the next excess of expenditure over income arrived at, at the end of a financial year;
(o)"deficit charge" means the amount collected from or debited to the accounts of members, in proportion to the use or non-use of the services of the co-operative, in accordance with the bye-laws and resolution of the general body to meet deficit, if any, in whole or m part;
(p)"delegate" means a person elected by group of individual members to represent them in the general body of the ci)operative in accordance with the bye-laws of the co-operative;
(q)"delegate general body" in relation to a co-operative means all its delegates;
(r)"delegate general body meeting" means a meeting of the delegates, called and conducted in accordance with the provisions of this Act and the bye-laws;
(s)"director" means the director of the board;
(t)"family" means a person, his spouse, his children dependent on him and his other relatives dependent on him and jointly residing with him;
(u)"general body" in relation to a co-operative, means all its members;
(v)"general meeting" means a meeting of the general body called and conducted in accordance with the provisions of this Act and the bye-laws;
(w)"member" means a person who is admitted as a member of the co-operative in accordance with the provisions of this Act and the bye-laws;
(x)"officer-bearer" means President and Vice-President and director elected by the board to any office of co-operative in accordance with the bye-laws;
(y)"potential member" means a person who does need the core services being offered by a co-operative, and is eligible to be a member of that co-operative, but has not yet applied for membership;
(z)"'primary co-operative" means a co-operative of which no other co-operative is a member;
(aa)"Registrar" means the Registrar of co-operatives appointed under Section 3 of this Act;
(bb)"Representative" means a member nominated for the time being by a co-operative to represent its interest at the time of promotion of a [principal co-operative] [Substituted by M.P. Act No. 16 of 2010 for the words 'secondary co-operative'.] and at a meeting of [principal co-operative] [Substituted by M.P. Act No. 16 of 2010 for the words 'secondary co-operative'.] to which the co-operative is affiliated;
(cc)"[principal co-operative] [Substituted by M.P. Act No. 16 of 2010 for the words 'secondary co-operative'.]" means a co-operative whose members are co-operatives;
(dd)"service" means such facilities as are organised primarily for being provided by the co-operative to members to meet its objective;
(ee)"special resolution" means a resolution of the general body which has the approval of more than fifty per cent of the members having right to vote and not less than two-third members present and noting at the general meeting;
(ff)"surplus" means the excess of income over expenditure, arrived at, at the end of a financial year, after the payment of interest, if any, on share capital, and before the payment of surplus refund, and allocation of reserves and other funds;
(gg)"surplus refund" means the refund from the surplus given to or credited to the accounts of, members, in proportion to their use or non use of the services of the co-operative in accordance with the bye-laws and resolution of the general body.
(2)Words and expressions used in this Act and not defined herein but defined in the Madhya Pradesh Co-operative Societies Act, 1960 (No. 17 of 1961), and the rules made thereunder, shall have meaning assigned to them in that Act and the rules made thereunder.