Section 2 in The U.P. Co-operative Societies Act, 1965
2. Definitions.
- In this Act, unless the context otherwise requires -(a)'Arbitrator' means a person appointed under this Act to decide disputes referred to him by the Registrar;[(a-1) ' agricultural credit society' means a credit society majority of the ordinary members whereof are primarily engaged in agricultural occupation;] [Inserted by UP. Act No. 12 of 1976, vide Section 2 (i) (w.e.f. 3rd October, 1975).](a-2) 'agricultural occupation' shall include-(i)production, processing or marketing of agricultural crops;(ii)horticulture, sericulture or animal husbandry which includes piggery, pisciculture, poultry farming and dairying;(a-3) 'agricultural society' means a co-operative society the majority of the ordinary members where of are primarily engaged in agricultural occupation;(a-4) 'apex society', 'apex level Society ' or 'State level co-operative society' means -(1)UP. State Co-operative Land Development Bank Ltd, Lucknow;(2)UP. Co-operative Bank Ltd., Lucknow;(3)U.P. Co-operative Federation Ltd, Lucknow;(4)Pradeshik Co-operative Dairy Federation Ltd, Lucknow;(5)U.P. Co-operative Union Ltd., Lucknow;(6)U.P. Upbhokta Sahkari Sangh Ltd., Lucknow;(7)U.P. Co-operative Sugar Factories Federation Ltd.;(8)U.P. Cane Unions Federation Ltd, Lucknow;(9)U.P. Industrial Co-operative Association Ltd, Kanpur; or(10)any other central co-operative society fulfilling the following conditions:-(i)It includes in its membership at least one other central co- operative society in the same line of business or trade; and(ii)its area of operation covers the whole of Uttar Pradesh; and(iii)its primary object is to facilitate the operation of the co-operative societies affiliated to it as ordinary members;(b)"Board of Arbitrators" means a body appointed under this Act to decide disputes referred to it by the Registrar;(c)" Bye-laws" means the registered bye-laws of a co-operative society for the time being in force;(d)" Central Government" means the Government of the Indian Union;[(d-1) "central society" or "central co-operative society" means a co-operative society, which has any other co-operative society as its ordinary member and is not a primary co-operative society;] [Inserted by U.P. Act No. 12 of 1976, vide Section 2 (ii) (w.e.f. 3-10-1975).](e)"Committee of management" means the committee of a co-operative society, by whatever name called, to which the management of the affairs of the society is entrusted under Section 29;(f)"Co-operative society" means a society registered or deemed to be registered under this Act;(g)"Co-operative society with limited liability" means a co-operative society, in which the liability of its members for the debts of the society in the event of its being wound up, is limited by its bye-laws -(i)to the amount, if any, unpaid on the shares respectively held by them; or(ii)to such amount as they may respectively undertake to contribute to the assets of the society;(h)"Co-operative Society with unlimited liability" means a co-operative society the members of which are, in the event of its being wound up, jointly and severally liable for and in respect of all its obligations and to contribute to any deficit in the assets of the society;(i)[ 'Co-operative Year' means the year commencing on the first day of April and ending on the thirty-first day of March next following;] [Substituted by UP. Act 4 of 1989, vide Section 2 (w.e.f. 1st April, 1989).][(i-1) "credit society" means a society which has as its primary object the raising of funds to be lent to its members] [Inserted by UP. Act No. 12 of 1976, vide Section 2 (w.e.f. 3-10-1975).];(j)"Dividend" means the interest paid (to a member) on the shares held by the member in the shares capital of a co-operative society out of its profits and includes bonus provided it is paid on the share capital;(jj)[ "Election Commission" means the Uttar Pradesh State Co-operative Societies Election Commission constituted by the State Government;] [Inserted by U.P. Act 13 of 2013, Section 2 (w.r.e.f. 15-2-2013).][(j-1) 'Federal Structure' means a group of apex, central and primary co-operative societies of similar nature and pursuing similar business and work; [Inserted by U.P. Act 47 of 2007, Section 2.](j-2) 'Federal tier' means any one of the three levels of societies of a particular federal structure i.e. apex or central or primary;](k)"Financing Bank" or "Central Bank" means a co-operative society the main object of which is to lend money to co-operative societies which are its ordinary members;(l)"Liquidator" means a person appointed by the Registrar under the Act to wind up the affairs of a co-operative society;(m)"Maximum liability" means the maximum amount that can be borrowed by a co-operative society. It does not include share capital;(n)"Member" means a person who joined in the application for registration of a society or a person admitted to membership after such registration in accordance with the provisions of this Act, the rules and the bye-laws for the time being in force but a reference to 'members' anywhere in this Act in connection with the possession or the exercise of any right or power or the existence or discharge of any liability or duty shall not include reference to any class of members who by reason of the provisions of this Act do not possess such right or power or have no such liability or duty;[(n-1) "National Bank" means the National Bank for Agriculture and Rural Development established under the National Bank for Agriculture and Rural Development Act, 1961;] [Inserted by U.P. Act 47 of 2007, Section 2.](o)"Officer of a co-operative society" means the president, vice-president, chairman, vice-chairman, secretary, member of committee of management, treasurer, liquidator, administrator or any other persons employed by a co-operative society whether with or without remuneration to carry on the business of the society or to supervise its affairs;(p)"Ordinary member" means a member of a co-operative society other than a sympathiser member having a right to vote in the affairs of the society in accordance with the provisions of this Act, the rules and the bye-laws;(q)"Prescribed" means prescribed by rules;[(q-1) 'primary society' means a co-operative society's ordinary membership whereof is not open to any other co-operative society: [Inserted by UP. Act No. 12 of 1976, vide Section 2 (w.e.f.3-10-1975).]Provided that-(i)a co-operative marketing society, the area of operation whereof only a part of a district or part of more than one district shall be deemed to be a primary society whether or not any other co-operative society is its ordinary member;(ii)a primary co-operative society any share where of has been purchased under Chapter VI, by a central or apex society shall continue to be a primary society notwithstanding the purchase of such shares;(iii)a co-operative society, the area of operation whereof is only a part of a district and the primary object whereof is to arrange for the storage and distribution of seeds, fertilizers, pesticides, agricultural appliances or consumers goods to its ordinary members and the membership whereof includes any other co-operative society as its ordinary member, shall be deemed to be primary society notwithstanding the membership of other co-operative society in it;][(q-2) "Reserve Bank" means the Reserve Bank of India established under Section 3 of the Reserve Bank of India Act, 1934;] [Inserted by U.P. Act 47 of 2007, Section 2.](r)"Registrar" means the person for the time being appointed as Registrar of Co-operative Societies under sub-section(1) of Section 3 and includes any person appointed under sub-section (2) of that section when exercising all or any of the power of the Registrar;(s)"Rules" means rules made under this Act;(t)"State Government" means the Government of Uttar Pradesh;(u)"Tribunal" means a co-operative Tribunal constituted under this Act;(v)"Land Development Bank" means a bank defined in sub-clause (c) of Section 2 of the Uttar Pradesh Co-operative Land Development Bank Act, 1964.
