Section 2 in The Jammu and Kashmir Dissolution of Muslim Marriages Act, 1999 (1942 A.D.)
2. Definitions.
- In this Act, unless the context otherwise requires,-(1)[ "arbitral tribunal" means an arbitral tribunal to be headed by an officer of the cooperative not below the rank of Deputy Registrar of the concerned District and consisting of four members, elected by the general body of the cooperative from among its members or others, for settlement of disputes under the provisions of this Act.] [Substituted by Governor Act No. 52 of 2018, dated 16.12.2018.](2)"articles of association" means the regulations of a cooperative as originally framed or as amended from time to time;(3)"board" means the governing body of a cooperative by what ever name called, to which the direction of the affairs of the cooperative is entrusted by the articles of association of the cooperative;(4)"chief executive" means that individual, in paid or honorary capacity, nominated or elected or appointed by the board of a cooperative from among members, directors or others, in accordance with the articles of association, who shall sue or be sued on behalf of the cooperative, and shall perform such functions, and have such responsibilities and powers as are also 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 cooperative, or have taken membership in a cooperative, and which the cooperative is expected to fulfil through the provision of core services;[Explanation. - The expression "economic need which is common to all" shall not mean banking services like accepting of deposits, opening savings, recurring and Fixed Deposit Accounts and providing loans under short-term, medium term or long-term but includes thrift and credit business.] [Added by Governor Act No. 52 of 2018, dated 16.12.2018.](6)"cooperative" where used as a noun, means an autonomous association of persons united voluntarily to meet their common economic need through a jointly owned and democratically controlled enterprise registered under this Act;(7)"Cooperatives Act" means the Jammu and Kashmir Self-Reliant Cooperatives Act, [1999] [Pl. see 'Errata' issued on 8-3-2000.];(8)"cooperative society" means a cooperative association registered under the Jammu and Kashmir Cooperative Societies Act, 1960;(9)"Cooperative Societies Act" means the Jammu and Kashmir Cooperative Societies Act, 1960; and includes the Jammu and Kashmir Cooperative Societies Act, 1989;(10)"cooperative business" means a business which is committed to functioning in accordance with the principles of cooperation, and includes all cooperatives registered under this Act, and all cooperative societies registered under the Jammu and Kashmir Cooperative Societies Act, 1960;(11)"cooperative identity" means the statement of Cooperative Identity specified in Schedule "A" of this Act;(12)"Cooperative with limited liability" means a Cooperative in which the liability of its members for the debts is limited by its articles of association to such form and extent as they may undertake to contribute to any deficit in the assets of the Cooperative in the event of it being wound up ;(13)"Cooperative with unlimited liability" means a cooperative in which its members are jointly and severally liable for the debts of cooperative and to contribute to any deficit in the assets of Cooperative in the event of it being wound up;(14)"core services" means those central services provided to members, through which a cooperative intends to meet that economic need common to all members for the fulfilment of which the cooperative was formed, and the fulfilment of which is expected to result in the economic and social betterment of members, and includes value-adding services;(15)"Court" means the principal Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction;(16)"deficit" means the excess of expenditure over income, arrived at, the end of a financial year, after the payment of interest if any, on share capital;(17)"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 cooperative, in accordance with the articles of association and resolutions of the general body, to meet deficit, if any, in whole or part;(18)"delegate" means a member nominated for the time being by a cooperative to represent its interests at the time of promotion of a secondary cooperative, and/or at meetings of a secondary cooperative to which the cooperative is affiliated;(19)"financial year" means the twelve month accounting period as provided for in the articles of association of a cooperative, for which the annual statements of accounts are prepared for placement at the annual general meeting of that cooperative;(20)"general body" in relation to a cooperative, means all its members ;(21)"general 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 cooperative;(22)"Government" means the Government of Jammu and Kashmir;(23)"member" means a permanent Resident of the State as defined in Section 6 of the constitution of the Jammu and Kashmir who is in need of and is able to use the core services of a cooperative and who is admitted as a member of the cooperative, in accordance with the provisions of this Act and the articles of association, and includes a "member-cooperative";(24)"member-cooperative" means a primary or secondary cooperative which is in need of and is able to use the core services of a secondary cooperative, and which is admitted as a member of that secondary cooperative, in accordance with the provisions of this Act and the articles of association ;(25)"office-bearer" means an individual elected by the board of a cooperative to any office of such cooperative in accordance with its articles of association;(26)"ordinary resolution" means a resolution of the general body which has the approval of the majority of members with the right of vote, present and voting at the general meeting;(27)"person" means Permanent Resident of the State competent to contract, or a cooperative ;(28)"potential member" means a person who does need the core services being offered by a cooperative, may be accessing them, and is eligible to be a member of that cooperative, but who has not yet applied for membership and/or been admitted as a member;(29)"president" means an elected director who is further elected by the board to preside over its meetings and the meetings 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;(30)"primary cooperative" means a cooperative whose member are permanent residents of the State ;(31)"Registrar" means an individual appointed under this Act, and includes any individual empowered to exercise the powers of the Registrar under this Act.(32)"Registrar of Cooperative Societies" means the individual appointed as such under the Cooperative Societies Act, and includes any Individual empowered to exercise the powers of that Registrar of Cooperative Societies under that Act;(33)"representative" means a person elected by a section of members, in accordance with the articles of association, to participate on their behalf at the representative general body meeting ;(34)"representative general body" in relation to a cooperative means all its representatives;(35)"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 cooperative;(36)"secondary cooperative" means a cooperatives whose members are cooperatives;(37)"special resolution" means a resolution of the general body which has the approval of at least 51% of all the members with right of vote at the time of the general meeting ;(38)"service" means such facilities as are organized primarily for being provided to members to meet the objective of the cooperative ;(39)"surplus" means the excess of 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 ;(40)"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 cooperative in accordance with the articles of association and resolutions of the general body;(41)"this Act" means the Jammu and Kashmir Self-Reliant Cooperatives Act, [1999] [Pl. see 'Errata' issued on 8-3-2000.].(42)[ "thrift and credit cooperative" means coming together of a group of people with common interest who have agreed to pool their resources together from which loan facilities are made available to the members.] [Added by Governor Act No. 52 of 2018, dated 16.12.2018.]
