Bare ActsThe West Bengal Co-operative Societies Act, 1983

Section 2

Amendment status not verified — confirm the current text below against the official source.

In this Act, unless there is anything repugnant in the subject or context,— (1) "administrator" means an administrator appointed under section 30; (2) "apex society" means a co-operative society whose area of operation extends to the whole of West Bengal and the primary object of which is to promote the objects, and to provide facilities for the operation of other co-operative societies which are its members, and includes a State Co- operative Bank; (3) "arbitrator" means an arbitrator appointed under section 96 or section 97, and includes a Chief Arbitrator; (4) "audit officer" means a person appointed or authorised as such under section 90; (5) "board" means a board of directors for a co-operative society constituted under section 27; (6) "by-law" means a by-law registered under this Act, and includes an amendment thereof; (7) "central co-operative bank" has the same meaning as in the Reserve Bank of India Act, 1934; 2 of 1934. (8) "central co-operative land development bank" means a co- operative society, the objects of which include the creation of funds for lending money to its members and to co-operative land development banks; (9) "central society" means a co-operative society having such area of operation within a district as may be prescribed, and includes a Central Co-operative Bank; (10) " 'consumers' co-operative society" means a co-operative society, the primary object of which is to supply consumer goods and to render such other services to its members as may be required in the matter of supply and production of consumer goods, and includes a federation of such co- operative societies; (11) "co-operative farming society" means a co-operative society which has as its principal object the organising cultivation of lands held by it or by its members jointly or otherwise with a view to increasing agricultural production and employment by proper utilisation of land, labour and other resources; 310 The West Bengal Co-operative Societies Act, 1983. XLV of 1983.] (Chapter l.—Preliminary.—Section 2.) (12) "co-operative land development bank" means a co-operative society, the objects of which include the creation of funds for lending money to its members on long-term for improvement of agricultural land and for other productive purposes. Explanation.—In this clause,— (i) "long-term" shall mean a term exceeding three years; (ii) "productive purpose" shall mean such effort, activity or constructions as may be prescribed. (13) "co-operative society" means a co-operative society registered or deemed to be registered under this Act; (14) "co-operative society with limited liability" means a co- operative society having the liability of its members limited by its by-laws to the amount, if any, unpaid on the shares respectively held by them or to such amount as they may respectively thereby undertake to contribute to the assets of the co-operative society in the event of its being wound up; (15) "co-operative society with unlimited liability" means a co- operative society having, subject to its by-laws, an unlimited liability of its members to contribute jointly and severally in any deficiency in the assets of the co-operative society; (16) "co-operative year" means the year commencing on the first day of July; (17) "co-operative credit society" means a co-operative society, the primary object of which is to create funds for lending money to its members, and includes a credit union; (18) "co-operative housing society" means a co-operative society, the object of which is to provide its members with dwelling houses, apartments, or lands for construction of dwelling houses or apartments, and maintenance of common services in connection therewith, and includes a federation of such societies; (19) "co-operative range" means such area within the jurisdiction of an officer not below the rank of an Assistant Registrar of Co-operative Societies as may be prescribed; (20) "dispute" means any matter capable of being the subject of civil litigation, and includes a claim in respect of any sum payable to or by a co-operative society; 311 The West Bengal Co-operative Societies Act, 1983. [West Ben. Act (Chapter 1.—Preliminary.—Section 2.) (21) "district co-operative union" means a co-operative society registered under this Act having its area of operation extending to the whole of a co-operative range and the primary object of which is to assist the State Co-operative Union in implementing its object and includes a central society; (22) " 'engineers' co-operative" means a co-operative society formed of unemployed— (i) degree holders in any branch of engineering, technology, science, commerce, arts or agriculture, or (ii) diploma holders in any branch of engineering, technology or agriculture, or (iii) certificate holders in any industrial trade, for their exclusive benefit, the percentage of degree or diploma holders in any branch of engineering or technology in the membership of the co-operative society being not less than sixty per cent.; (23) " 'farmers' service co-operative society" means an agricultural co-operative society, the primary object of which is to render assistance, financial or otherwise, to farmers (particularly small and marginal farmers), rural artisans and agricultural labourers; (24) "financing bank" includes a central co-operative bank, a State co-operative bank, a central co-operative land development bank, a primary co-operative bank, State Bank of India, or a nationalised bank or a regional rural bank, the object of which is to create funds for lending money to the co- operative societies or other institutions or both, declared as such by the State Government; (25) "industrial co-operative society" means a co-operative society, the object of which includes manufacture and marketing of goods by or with the help of its members and providing supplies and services to them and to small producers and entrepreneurs, and includes a co-operative society established with the object of facilitating the operation of such society; (26) "Inspector of Co-operative Societies" means a person appointed as such by the Registrar; (27) "liquidator" means a liquidator appointed under section 100; 312 The West Bengal Co-operative Societies Act, 1983. XLV of 1983.] (Chapter 1.—Preliminary.—Section 2.) (28) "member" means a person joining in an application for registration of a co-operative society which is subsequently registered or a person admitted to the membership of a co- operative society after its registration under this Act, and includes a joint member. Explanation.—For the purpose of this clause 'joint member' shall mean any one of the persons (including husband and wife and father and son or unmarried daughter) jointly admittted to the membership of a co-operative society; (29) "net profit" means profit after deduction of establish- ment charges, contingent charges, interest payable on loans and deposits, audit fees and such other sums as may be prescribed; (30) "notification" means a notification published in the Official Gazette; (31) "officer" includes a Chairman, Vice-Chairman, secretary, joint secretary, assistant secretary, managing director, manager, deputy manager, assistant manager, treasurer, director of a board, auditor elected, if any, from amongst members and any other person empowered under the rules or the by-laws to give direction relating to the affairs of a co- operative society, and also includes a Government officer deputed by the State Government or the Registrar under section 28 or an administrator appointed by the State Government or the Registrar under section 30 to manage the affairs of a co-operative society; (32) "prescribed" means prescribed by rules made under this Act; (33) "primary co-operative bank" has the same meaning as in the 2 of 1934. Reserve Bank of India Act, 1934; (34) "primary co-operative credit society" means a co-operative society, the primary object of which is to create fund for lending money to its members; (35) "primary co-operative agricultural credit society" means a co-operative society, the primary object of which is to create fund for lending short-term crop loan and other agricultural inputs to its members. Explanation.—In this clause, "short-term" shall mean a term not exceeding one year; 313 The West Bengal Co-operative Societies Act, 1983. [West Ben. Act (Chapter l.—Preliminary.—Section 3.) (36) "primary society" means a co-operative society, the object of which is to promote the common interests of its members in accordance with the provisions of this Act ofthe rules or the by-laws; (37) "Registrar" means a Registrar appointed under section 9, and includes any other person appointed under that section to assist the Registrar; (38) "relative" has the same meaning as in the Companies Act, 1 of 1956. 1956; (39) "Reserve Bank of India" means the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934; 2 of 1934. (40) "rules" means the rules made by the State Government under this Act; (41) "State Co-operative Bank" has the same meaning as in the Reserve Bank of India Act, 1934; (42) "State Co-operative Union" means a co-operative society registered under this Act, having its area of operation extend- ing to the whole of West Bengal, and the primary object of which is— (a) to spread education on co-operative principles and practices, (b) to arrange for training of the employees of co-operative societies, and of the employees deputed by the State Government, on co-operative principles and practices, (c) to deal with and solve the problems of co-operative societies which are its members, (d) to develop the existing co-operative societies, (e) to organise and promote new co-operative societies, (f) to propagate and publicise co-operative principles and ideas, and (g) to perform such other functions as may be prescribed; (43) "Tribunal" means the Co-operative Tribunal constituted under section 135; (44) "Trustee" means a trustee appointed under section 44. Repeal and savings.

Section 2 – The West Bengal Co-operative Societies Act, 1983 | DailyLaw.ai