Section 2 in Himachal Pradesh Co-Operative Societies Rules, 1971
2. Definitions.
- In these rules, unless there is anything repugnant in the subject or context, -(i)'the Act' means the Himachal Pradesh Co-operative Societies Act, 1968 (Act No. 3 of 1969);(ii)'section' means a section of the Act;(iii)'borrowed capital' means the total of loans, deposits and other borrowings of a Co-operative Society;(iv)'member' includes delegates of members referred to in the proviso to section 31;(v)'owned capital' means the total of paid up share capital and accumulated Reserve Fund and other funds and undistributed profits minus accumulated losses of a Co-operative Society;(vi)'schedule' means the schedule of forms appended to these rules;(vii)'Secretary' means a person, who, subject to the control of the Managing Committee, has the management of affairs of a Cooperative Society, and includes a member of a Managing Committee or any other person discharging the duties of a Secretary by whatever name called and whether under a contract of service or not. The term Secretary shall also include 'Manager';(viii)'working capital' means the total owned capital plus the borrowed capital (minus the amount of the owned capital or borrowed capital invested in the fixed assets);(ix)'share capital' means the subscribed share capital including Government share capital;(x)'relative' includes any one related to the person concerned or his wife, his son/daughter or his son's wife or daughter's husband through a common ancestor not more remote than a grand father or any one married to a person so related;(xi)the term 'Chairman' shall also include 'President', and the term Vice-Chairman, the 'Vice-President'(xii)'decree' means any order, decision or award referred to in section 87;(xiii)'decree holder' means any person holding a decree as defined in clause (xii) above; Rules published in Rajpatra, Himachal Pradesh (Asadharan), dated 25th May, 1971.(xiv)'maximum credit limit' means the extent to which a Co-operative Society may receive deposits and loans from members and nonmembers;(xv)'paid up share capital' means such portion of the share capital as actually paid up;(xvi)'Recovery Officer' means a person empowered to exercise the powers of the Registrar under section 87 of the Act.(xvii)'sale officer' means a person empowered by the Registrar, by general or special order, to attach and sell the property of a judgement debtor or to execute any decree by attachment,and sale of property;(xviii)'agenda' means a statement of business to be transacted in the general meeting, the Managing Committee (by whatever name called) meeting and Execute Committee meeting;(xix)['defaulter' means a member of a society who fails to repay any loan, advance, cash, credit limits, sum or interest there on accrued due to the society, financing bank within the time fixed for repayment or the time limit, if any, fixed in the bye-laws;] [Amended on November 20, 1979.](xx)'secondary society' is a society of which at least one member is a Co-operative Society;(xxi)'primary society' means a society which does not enrol societies as its members;(xxii)'apex society' means a secondary society the area of operation of which extends to the whole of the territory of Himachal Pradesh, or even beyond;(xxiii)'person' shall also include a Co-operative Society registered under the Act;(xxiv)'Managing Director', 'Executive Officer/Chief Executive Officer', 'Accounts Officer' and 'Assistant Manager' where elected or appointed in any society shall be officers within the meaning of 'officer' under sub section (11) of section 2 of the Act;(xxv)'judgement debtor' means a person against whom a decree has been obtained;(xxvi)'Near relation' means any one related to the member of a society or his or her spouse being -(a)brother or sister of either of them; or(b)step-brother or step sister of either of them; or(c)father or mother of either of them; or(d)son or daughter of either of them;(xxvii)'legal practitioner' means a legal practitioner as defined in Section 3 of the Legal Practitioners Act, 1879.(xxviii)[ 'Representative' means a member of the managing committee of a society authorized by it to represent his/her Society in the deliberation of managing committee or general house of other society.] [Inserted vide notification No.Coop. A(3)-1/99-Vol.-I dated 25-7-2006 published in Rajpatra dated 27-7-06.]Chapter - II Registration Of Co-Operative Societies And Their Bye-Laws
