Uttarakhand Co-operative Societies Act, 2003
No: 5 Dated: May, 21 2003
Uttarakhand Co-operative Societies Act, 2003
(Uttarakhand Act No. 05 of 2003)
An Act be it enacted in the Fifty-fourth year of the Republic of India a replacing bill of Uttar Pradesh Co-operative Societies Act, 1965 enacted to provide for Co-operative Society in the state of Uttarakhand.
It is hereby enacted in the Fifty-Fourth year of the Republic of India as follows:-
CHAPTER -1
Preliminary
1. Short title, extent and Commencement. - (1) This Act may be called the Uttarakhand Co-operative Societies Act, 2003.
(2) It extends to the whole of the State of Uttarakhand.
(3) It shall come into force from such date as the State Government may by notification in the Gazette, appoint in this behalf :
Provided that while appointing such date the State Government may declare that any provisions to be specified in the declaration shall not come into force from the date so appointed and in that case such provisions shall come into force from such date or dated as the State Government may similarly appoint in that behalf.
2. Definition. - In this Act, unless the context otherwise requires,
(A) "Co-operative society" means a society registered or deemed to be registered under this Act;
(B) Primary Society is a Co-operative Society of which no member is a registered society;
(B-1) "Credit Society" means a society which has as its primary object the raising of funds to be lent to its members :
Provided that;
(i) a co-operative marketing society, the area of operation whereof is 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 whereof 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 consumer goods to its ordinary members and the membership whereof includes any other co-operative society notwithstanding the membership of other co-operative society in it.
(B-2) "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;
(C) "Apex Society" Apex level society" or State level Co-operative society" means;
(i) the area of operation of which extends to the whole State of Uttarakhand.
(ii) the main object of which is to promote the principal objects of societies affiliated to it as members & to provide for the facilities & services to them.
(iii) which has been classified as an apex society by the Registrar.
(D) "Agricultural society" means a co-operative society the majority of the ordinary members whereof are primarily engaged in agricultural occupation which shall include production, processing or marketing of agricultural crops, horticulture, tea, sericulture and animal husbandry which includes piggery, Pisciculture, poultry farming and dairying;
(E) "Arbitrator" means a person appointed under this Act to decide disputes referred to him by the Registrar;
(E-1) "Board of Arbitrators" means a body appointed under this Act to decide disputes referred to it by the Registrar;
(F) "Bye-laws" means the registered bye-laws of a co-operative society for the time being in force;
(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;
(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 in respect of all its obligations and to contribute to any deficit in the assets of the society;
(I) "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;
(J) "Co-operative year" means the year commencing on the first day of April and ending on the thirty-first day of March next following;
(K) "Dividend" means the amount paid out of the profits of a society, to a member in proportion to the shares held by him;
(L) "Financing Bank" means a Co-operative society, the main object of which is to assist any affiliated or other co-operative society by giving loans or advancing money & includes any scheduled bank as defined in the Reserve Bank of India, Act 1934 & such other body corporate or financial institution as may be notified by the Govt. from time to time, which gives financial or other aid to a co-operative society;
(L-1) "Co-operative bank" means a society which is doing the business of banking as defined in clause of sub section (1) of section 5 of the Banking Regulation Act, 1949.
(L-2) "Urban co-operative Bank" means a primary co-operative bank other than a primary agricultural credit society;
(i) The primary object of which is the transaction of banking business;
(ii) The paid up share capital and reserves of which are not less than one lacs rupees, and
(iii) The bye-laws of which do not permit admission of any other co-operative society as a member.
(M) "Liquidator" means a person appointed by the Registrar under this Act to wind up the affairs of a co-operative society;
(N) "Maximum liability" means the maximum amount that can be borrowed by a co-operative society. It does not include share capital;
(O) "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 which the possession or exercise of any right of 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;
(P) "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 person employed by a co-operative society whether with or without remuneration to carry on the business of the society or to supervise its affairs;
(Q) "Ordinary member" means a member of a co-operative society 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;
(R) "Prescribed" means prescribed by rules;
(S) "Registrar" means the person 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 powers of the Registrar;
(T) "Rules" means rules made under this Act;
(U) "State Government" means the Government of Uttarakhand;
(V) "Tribunal" means a co-operative Tribunal under this Act;
(W) "The State Co-operative council" means the council constituted for Uttarakhand State under chapter XIII-A of this Act.
[(X) Election Authority means the Co-operative Election Authority constituted by the State Government.]