State Act

THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959.

2. Definitions.- In this Act, unless the context otherwise requires,— 1[(a) ‘Apex Society’ means a federal society whose area of operation extends to the whole of the State; 5[(a-1) ‘Area of operation’ means jurisdictional area from which the membership is drawn or as specified in the bye-laws of the society]5 2[ 4[(a-1-1)]4 ‘Assisted Society’ means a co-operative society which has received the 3[Government or State]3 assistance in the form of share capital or loan or grant or guarantee for repayment of loan or interest]2 ]1 1[ 2[(a-1-2)]2 'Agriculture and Rural Development Bank’ means a Co-operative Agriculture and Rural Development Bank registered or deemed to be registered under this Act and admitted as a member of the State Agriculture and Rural Development Bank and includes such class or classes of co-operative societies as may be notified by the Registrar and admitted as members of the State Agriculture and Rural Development Bank.]1 1[(a2)]1 ‘bye-laws’ means the bye-laws registered or deemed to be registered under this Act and for the time being in force and includes a registered amendment of the bye-laws; 3[ 2[ 1[(a-2-1) Backward Classes means such class or classes of citizens as may be classified as category “A” and “B” and notified by the Government from time to time for the purpose of reservation in the board of cooperative societies.]1]2]3 2[(a3) 'Chief Executive’ means any employee of a co-operative society by whatever designation called and includes an official of the State Government, an employee of any other institution or co-operative society who discharges the functions of a Chief Executive under the Act, rules or the bye-laws;]2 3[ 1[(a4)]1 Director of Co-operative Audit’ 2[means a person appointed to perform]2 of the Director of Co-operative Audit under this Act and includes an Additional Director of Co-operative Audit, a Joint Director of Co-operative Audit, a Deputy Director of Co-operative Audit, and an Assistant Director of Co-operative Audit appointed to assist the Director of Co-operative Audit when exercising all or any of the powers of the Director of Co-operative Audit.]3 1[(b) ‘Board’ means the board of directors or the governing body of a co-operative society, by whatever name called, to which the direction and control of the management of the affairs of the society is entrusted to.]1 1[(b1) “Co-operative Bank” means a Co-operative Society which is doing the business of banking. Explanation.—For the purpose of this clause “banking” shall have the meaning assigned to it in section 5 of the Banking Regulation Act, 1949 (Central Act 10 of 1949).]1 1[(b-2) 'Co-operative Credit Structure' means and includes Primary Agricultural Credit Co-operative Societies by whatever name called, Central Co-operative Banks, State Co-operative Bank, Agricultural and Rural Development Banks and State Agricultural and Rural Development Bank. (b-3) 'Central Co-operative Bank' means a federal society engaged in the business of banking. (b-4) 'Chartered Accountant' means a member of the Institute of Chartered Accountants of India within the meaning of the Chartered Accountants Act, 1949 (Central Act No. 38 of 1949).]1 2[ 1[b-5) "Cooperative Election Authority’ means the ‘Co-operative Election authority constituted under section 39AA]1]2 (c) ‘co-operative society’ means a society registered or deemed to be registered under this Act; (d) ‘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; 1[(d1) 'Co-operative Year 2[XXX]2 means the year commencing from the first day of April;]1 1[d-2) Co-operative means a Co-operative registered under the Karnataka Souharda Sahakari Act, 1997 (Karnataka Act 17 of 2000) and includes the Union Co-operative and the Federal Co-operative]1 . (e) ‘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; 1[(e1) ‘credit agency’ means a credit agency as defined in the Karnataka Agricultural Credit Operations and Miscellaneous Provisions Act, 1974 2[and includes any other body or corporation or financial institution which gives financial assistance to a co-operative society and has been notified by the State Government from time to time]2 ;]1 2[ 1[(e-1-a) “Delegate” means a Director of a Co-operative Society appointed by the Board to represent that Co-operative society in other Co-operative Society with power to participate and vote in the general meeting and to contest or propose or second in the election of the Co-operative society to which he is appointed as delegate.]1 ]2 1[ 2[(e2)]2 ‘Deposit Insurance Corporation’ means the Deposit Insurance Corporation established under section 3 of the Deposit Insurance Corporation Act, 1961 (Central Act 47 of 1961); 1[(e-2-1) ‘Director’ means a member of the board duly elected or nominated or co-opted in accordance with this Act, the rule and the bye-laws made under this Act]1 1[(e3) ‘employee’ means a salaried employee of a co-operative society and includes an official of the State Government or any employee of any other institution or co-operative society who for the time being is working in a co-operative society; (e4) ‘federal society’ means a co-operative society, the membership of which is not open to individuals: Provided that nothing in this clause shall apply to admission of individuals as nominal members;]1 1[(e5)]1 ‘Financing Bank’ means a co-operative society, the main object of which is to make advances in cash or in kind to other co-operative societies;]1 1[(e-6), ‘General Body’ means,- (i) in relation to a primary cooperative society, all the members of that cooperative society; (ii) in relation to a secondary cooperative society, all the delegates of the member cooperative societies and the individual members; and (iii) in relation to a federal cooperative society, all the delegates of the member cooperative societies. (e-7), ‘General Meeting’ means a meeting of the general body called and conducted in accordance with the provisions of this Act, the rules and the bye-laws made under this Act.]1 (f) ‘member’ means a person joining in the application for the registration of a co-operative society and a person admitted to membership after such registration in accordance with this Act, the rules and the bye-laws and includes a nominal and an associate member; 1[(f-1) 'Multipurpose Cooperative Society' means a primary society the object of which is to provide various services including services related to credit, business, industry and consumer durables to its members. "(f-2) 'National Bank' means the National Bank for Agriculture and Rural Development established under section 3 of the National Bank for Agriculture and rural Development Act, 1981 (Central Act No. 61 of 1981).]1 1[(f-3) 'nominee' means a member of a board or official of the Co-operative society appointed by the board to represent that Co-operative society in other Co-operative societies.]1 1[(g) office-bearer” means the elected President / Vice-President / Chairperson / Vice-Chairperson / secretary or treasurer, Liquidator, Administrator, Special Officer and includes a member of the board empowered by the board to exercise any power or perform any function in regard to the business of a Co-operative Society and to give directions in regard to policies affecting the business of the society.]1 (h) ‘prescribed’ means prescribed by rules made under this Act; 1[(h1) ‘primary society’ means a co-operative society whose membership is not open to another co-operative society;]1 1[(h-2) 'Primary Agricultural Credit Co-operative Society' means a cooperative society as defined under clause (cciv) of Section 5 of Banking Regulation Act, 1949 (Central Act 10 of 1949) and includes a multipurpose cooperative society.]1 1[(i) ‘Registrar’ means a person appointed to perform the functions of the Registrar of Co-operative Societies under this Act, and includes an Additional Registrar of Co-operative Societies, a Joint Registrar of Co-operative Societies, a Deputy Registrar of Co-operative Societies and an Assistant Registrar of Co-operative Societies appointed to assist the Registrar when exercising all or any of the powers of the Registrar;]1 1[(i-1) ‘Reserve Bank’ means the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934 (Central Act 2 of 1934)]1 1[(i-2) ‘Representative’ means a person elected by a group of individual members of a primary cooperative society or a secondary cooperative society to represent them and to participate on their behalf in the representative general body meeting of the society in accordance with Act, the rules and the bye-laws made under this Act; (i-3) ‘Representative General Body’ means all the representatives of a primary cooperative society or a secondary cooperative society; (i-4) ‘Representative General Meeting’ means a meeting of the representatives called and conducted in accordance with provisions of this Act or the rules and the bye-laws of the primary cooperative society or the secondary cooperative society]1 (j) ‘rules’ means the rules made under this Act, 1[(j-1) ‘Scheduled Castes and Scheduled Tribes’ means the Scheduled Castes and Scheduled Tribes specified in respect of the State of Karnataka in the Constitution (Scheduled Castes) Order, 1950 and the Constitution (Scheduled Tribes) Order, 1950 for the time being in force; (j2) ‘secondary society’ means a co-operative society whose membership is also open to another co-operative society; (j3) “State Representative’ means any person appointed as State representative under section 2A;]1 1[(j-4) State Agriculture and Rural Development Bank’ means the Karnataka State Co-operative Agriculture and Rural Development Bank, Limited." (j-5) 'State Cooperative Bank' means an apex society doing the business of banking.]1 1[(J-6)- ‘State Level Cooperative Society’ means a cooperative society whose area of operation extends to the whole of the State.]1 1[(k) ‘Tribunal’ means the tribunal constituted under the Karnataka Appellate Tribunal Act, 1976 (Karnataka Act 10 of 1976]1 (l) references to any enactment or provision of law not in force in any Area of the 1[State of Karnataka]1 shall be construed as references to the corresponding enactment or provision of law, if any, in force in that Area.