Cos 378A — Definitions

Companies Act, 2013

Statutory text

In this Chapter, unless the context otherwise requires,—
(a) “active  Member” means  a  Member  who  fulfils  the  quantum  and  period of  patronage  of  the
Producer Company as may be required by the articles;
(b) “Chief  Executive” means  an  individual  appointed  as  such  under sub-section  (1)  of  section
378W;
(c) “inter-State co-operative society” means a multi-State co-operative society as defined in clause (p) of section 3 of the Multi-State Co-operative Societies Act, 2002 (39 of 2002) and includes any co-

operative society registered under any other law for the time being in force, which has, subsequent to its formation, extended any of its objects to more than one State by enlisting the participation of persons or  by  extending  any  of  its  activities  outside  the  State,  whether  directly or  indirectly  or  through  an institution of which it is a constituent;
(d) “limited return” means the maximum dividend as may be specified by the articles;
(e) “Member” means a person or Producer Institution (whether incorporated or not) admitted as a
Member of a Producer Company and who retains the qualifications necessary for continuance as such;
(f) “mutual assistance principles” means the principles set out in sub-section (2) of section 378G;
(g) “officer” includes  any  director  or  Chief  Executive  or  Secretary  or  any person  in  accordance with whose directions or instructions part or whole of the business of the Producer Company is carried on;
(h) “patronage” means  the use  of services offered  by the  Producer Company  to  its  Members  by participation in its business activities;
(i) “patronage bonus” means payments made by a Producer Company out of its surplus income to the Members in proportion to their respective patronage;
(j) “primary produce” means —
(i)  produce  of  farmers,  arising  from  agriculture  (including  animal husbandry,  horticulture, floriculture,  pisciculture,  viticulture,  forestry, forest products,  re-vegetation, bee raising and  farming plantation products), or from any other primary activity or service which promotes the interest of the farmers or consumers; or (ii) produce of persons engaged in handloom, handicraft and other cottage industries; or (iii) any product resulting from any of the above activities, including by-products of such products;
or (iv) any product resulting from an ancillary activity that may assist or promote any of the aforesaid activities or anything ancillary thereto; or (v) any activity which is intended to increase the production of anything referred to in sub-clauses (i) to (iv) or improve the quality thereof;
(k) “producer” means any person engaged in any activity connected with or relatable to any primary produce;
(l) “Producer Company” means a body corporate having objects or activities specified in section
378B  and  registered  as  Producer  Company  under this  Act  or  under  the  Companies  Act,  1956
(1 of 1956);
(m) “Producer  Institution” means  a  Producer  Company  or  any  other institution  having  only producer  or  producers  or  Producer  Company  or  Producer Companies  as  its  member  whether incorporated or not having any of the objects referred to in section 378B and which agrees to make use of the services of the Producer Company or Producer Companies as provided in its articles;
(n) “withheld price” means part of the price due and payable for goods supplied by any Member to the Producer Company; and as withheld by the Producer Company for payment on a subsequent date.

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