Section 2 in The Orissa Self-Help Co-operatives Act, 2001
2. Definitions.
- In this Act, unless the context otherwise requires-(1)"arbitral tribunal" means an individual or a group of individuals not exceeding five, constituted by the general body of a Co-operative for settlement of disputes in accordance with the articles of association of that Co-operative;(2)"article of association" means the regulations of a Co-operative framed by the general body of that Co-operative, in accordance with this Act, for the management of its affairs;(3)"board" means the governing body of a Co-operative by whatever name called, to which the direction of the affairs of the Co-operative is entrusted by the articles of association of that Co-operative;(4)"chief executive" means that individual, in paid or honorary capacity, who is appointed through election or selection or nomination by the board of a Co-operative from among members, directors of others, in accordance with the articles of association, who shall sue or be sued on behalf of the Co-operative, and shall perform such functions, and have such responsibilities and powers as are specified in the articles of association, and assigned by the board;(5)"common need" means that economic need which is common to all those who wish to form a Co-operative, or have taken membership in a Co-operative, and which the Co-operative is expected to fulfil through the provision of core services;(6)"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;(7)"Co-operatives Act" means the Orissa Self-Help Co-operatives Act, 2001;(8)"Co-operative business" means a business which is carried out in accordance with the Co-operative principles, through the Co-operatives registered under, this Act;(9)"Co-operative business year" means the twelve month accounting period as provided in the articles of association of a Co-operative;(10)"Co-operative identity" means the statement of Co-operative identity specified in Scheduled D of this Act;(11)"Co-operative Society" means a Society registered under the Orissa Co-operative Societies Act, 1962 (2 of 1963);(12)"Co-operative Societies Act" means the Orissa Co-operative Societies Act, 1962, (2 of 1963);(13)"core services" means those services provided to members, through which a Co-operative intends to meet that economic need common to all members for the fulfillment of which the Co-operative was established, and the fulfillment of which is expected to result in the economic and social betterment of members;(14)"Court" means competent civil and criminal Court;(15)"deficit" means the excess of expenditure over income;(16)"deficit charge" means the amount collected from/debited to the accounts of members, in proportion to the use and/or non-use of the services of the Co-operative, in accordance with the articles of association and resolutions of the general body, to meet deficit, if any, in whole or in part;(17)"deficit cover fund" means a fund created out of surplus of the Co-operative to meet future loss, if any, and created in accordance with the articles of association;(18)"delegate" means a member nominated for the time being by a Co-operative to represent its interests at the time of promotion of a Secondary Co-operative and/or at meetings of a Secondary Co-operative to which the Co-operative is affiliated;(19)"family" means husband, wife and their unmarried daughters and minor sons;(20)"financial year" means the period commencing on the 1st day of April of any year and ending with the 31st day of March of the succeeding year;(21)"genera! body" in relation to a Co-operative, means all its members, and may include the "representative general body" where its so exists consisting the representatives;(22)"general body meeting" means a meeting of the general body called and conducted in accordance with the provisions of this Act and the articles of association of the Co-operative;(23)"Government" means the Government of Orissa;(24)"member" means a person who is in need of and is able to use the core services of a Co-operative and who is admitted and continues as a member of the Co-operative, in accordance with the provisions of this Act and the articles of association, and includes a "member-Co-operative";(25)"member-Co-operative" means a primary or Secondary Co-operative which is in need of and is able to use the core services of a Secondary Co-operative, and which is admitted as a member of that Secondary Co-operative, in. accordance with the provisions of this Act and the articles of association;(26)"office-bearer" means an individual elected by the board of a Co-operative to any office of such Co-operative in accordance with its articles of association;(27)"ordinary resolution" means a resolution of the general body which has the approval of ⅔rd of members having the right of vote, present and voting-at the general body meeting;(28)"person" means an individual competent to contract, or a Cooperative;(29)"potential members" means a person who needs the core services being offered by a Co-operative, and is eligible to be a member of that Co-operative, but who has not yet applied for membership and/or been admitted as a member;(30)"president" means an elected director to preside over the meetings of the board and the meeting of the general body, and to perform such other functions and have such other powers and responsibilities as are specified in the articles of association and assigned by the board;(31)"primary Co-operative" means a Co-operative whose members are individuals;(32)"Registrar" means the Registrar of Co-operative Societies appointed under the Co-operative Societies Act, and includes person empowered to exercise the powers and perform the duties of the Registrar under this Act;(33)"Registrar of Co-operative Societies" means the individual appointed as such under the Co-operative Societies Act, and includes any individual empowered to exercise the powers of that Registrar of Co-operative Societies under that Act;(34)"representative" means a person elected by a section of members in accordance with the article of association, to participate on their behalf at the representative general body meeting;(35)"representative general body" in relation to a Co-operative means all its representatives;(36)"representative general body meeting" means a meeting of the representatives, called and conducted in accordance with the provisions of this Act and the articles of association of the Co-operative;(37)"Schedule" means Schedule appended to this Act;(38)"Secondary Co-operative" means a Co-operative voluntarily established, jointly owned and democratically controlled by member Co-operative for the fulfilment of their common needs;(39)"service" means such facilities as are organised primarily for being provided to members to meet the objective of the Co-operative;(40)"special resolution" means a resolution of the general body which has the approval of at least 67% of the members with right of vote in the general body meeting;(41)"surplus" means the excess of the income over expenditure, arrived at, at the end of the 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;(42)"surplus refund" means the refund from the surplus given/credited to the accounts of members, in proportion to their use of the services of the Co-operative in accordance with the articles of association and resolutions of the general body.Chapter-II Incorporation
