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NCT Delhi - Section

Section 2 in The Delhi Co-operative Societies Rules, 2007

2. Definitions.

(1)In these rules, unless the context otherwise requires-
(a)"Act" means the Delhi Co-operative Societies Act 2003 (Delhi Act 3 of 2004);
(b)"borrowed capital" means the total loans, deposits and other borrowings of a cooperative society including the debentures subscribed and paid up;
(c)"decree" means any decree of a civil court and includes any decision, award or order referred to in section 105 of the Act;
(d)"Decree-holder" means any person in whose favour a decree has been passed;
(e)"Defaulter" means any co-operative society, member or other person committing default in payment of loan installment, land money, construction money or annual subscription payable as provided in the bye-laws of co-operative society for which due notice for payment has been served on the member/cooperative society or an award has been passed for recovery of such sum;
(f)"Defunct Co-operative Society" means a co-operative society which has not carried on business for three consecutive years or its accounts have not been got audited since three or more years;
(g)"First degree blood relation" means father, mother, brother, sister, son, daughter or spouse;
(h)"Form" means a form appended to these rules;
(i)"General body Meeting" means a meeting of the general body;
(j)"Government dues" include:-
(i)Audit fee leviable for audit under section 60;
(ii)Cost of inspection and enquiry leviable under section 64;
(iii)Loans, share capital, subsidy and grant-in-aid refundable under the terms of any agreement executed between the co-operative society and the President of India;
(iv)Arbitration fee etc;
(v)Any amount spent or to be spent by the government on conducting elections of a committee, process fee and diet charges for civil arrest, imprisonment and civil confinement of the defaulters and contribution;
(vi)Any other demand raised or dues payable to the Government;
(k)"Judgment-debtor" means any co-operative society against which or any person against whom a decree has been passed;
(l)"Maxim Credit Limit" means the extent to which a co-operative society may receive deposits, loans and advances from non-members;
(m)"Model bye-laws" means a set of bye-laws approved and proposed by the Registrar for general adoption by a class of co-operative society;
(n)"Near Relative" means daughter-in-law, son-in-law, grandfather or grandmother;
(o)"Net Profit" has the same meaning as defined in Accounting Standard, prescribed by the Institute of Chartered Accountants of India;
(p)"Official Gazette" means the Delhi Gazette;
(q)"Owned Capital" means the paid-up share capital, reserve fund, any other reserve which has been created out of profits and undistributed and unappropriated profits, if any;
(r)"Paid up Share Capital" means such portion of the subscribed share capital as is actually paid-up in cash and/or credited as paid-up;
(s)"Person" include an individual, competent to contract under Indian Contract Act 1872 and Government, a Co-operative Society, a Firm, a Joint Stock Company, a Self Help Group as defined by NABARD/RBI or any other body corporate constituted under any law for the time being in force;
(t)"Promoter" means person or persons who take(s) part in the process of the organisation and promotion of a co-operative society and signs the application for registration;
(u)"Schedule" means the schedule appended to these rules;
(v)"Section" means the section of the Act;
(w)"Share" means share in the capital of the co-operative society;
(x)"Working Capital" includes such portion of the reserved fund, other reserves appropriated out of profits, paid-up share capital, loans and deposits received by a co-operative society and debentures issued by a co-operative society as have not been locked up in building and other fixed assets;
(y)Words and expressions used but not defined in these rules and defined in the Act, shall have the meanings assigned to them in the Act.
(2)Unless otherwise specified in the rules and the bye-laws of a co-operative society;
(a)words importing the masculine gender include the feminine gender;
(b)words in singular include their plural and vice versa;
(c)expressions referring to writing include printing, typing, lithography, photography and other methods of representing or reproducing words in a visible form:
(d)with reference to a person who is unable to sign his name, the word "signature" shall include his "Thumb-impression" or other mark duly attested to signify his signature; and
(e)when any rule or any bye-laws of a co-operative society requires the determination of one half, one third or other fraction of a number and that number is not evenly divisible by two, three or such other figures as may be required, the number next below, which is evenly divisible by two, three or such other figure shall be taken for the original number.