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Chapter 3
Chapter 4
Chapter 5
Chapter 6
Chapter 7
Chapter 8
Chapter 9
Chapter 10
Chapter 11
Chapter 12
Settlement of Disputes

60. Disputes which may be referred to arbitration.
  1. Notwithstanding anything contained in any law for the time being in force, if any dispute touching the constitution, management or the business of a co-operative society other than a dispute regarding disciplinary action taken by the society or its committee against a paid employee of the society arises -

    1. Among members, past members and persons claiming through members, past members and deceased members or

    2. Between a member, past member or person claiming through a member, past member or deceased member and the society, its committee or any officer or any officer, agent or employee of the society or liquidator, past or present, or

    3. Between the society or its committee and any past committee, any officer, agent or employee, or any past officer, past agent or past employee or the nominee, heirs or legal representatives of any deceased officer, deceased agent, or deceased employee of the society, or

    4. Between the society and any other co-operative society, between a society and liquidator of another society or between the liquidator of one society and the liquidator of another society.
Such disputes shall be referred to the Registrar for decision and no court shall have jurisdiction to entertain any suit or other proceedings in respect of such dispute.
  1. For the purposes of sub-section (1), the following shall be deemed to be disputes touching the constitution: management or the business of co-operative society, namely -

  2. A claim by the society for any debt or demand due to it from a member or the nominee, heirs or legal representatives of a deceased member, whether such debt or demand be admitted or not.

  3. A claim by surety against the principal debtor where the society has recovered from the surety any amount in respect of any debt or demand due to it from the principal debtor as a result of the default of the principal debtor, whether such debt or demand is admitted or not.

  4. Any dispute arising in connection with the election of any officer of a society other than a society mentioned in sub-section (1) of section 31.

  5. If any question arises whether a dispute referred to the Registrar under this section is or is not a dispute touching the constitution, management or the business of a co-operative society, the decision thereon of the Registrar shall be final and shall not be called in question in any court.

  6. Notwithstanding anything contained in the Limitation Act, 1963, but subject to the specific provisions made in this Act, the period of limitation in the case of a dispute referred to the Registrar under sub-section (1) shall -

  1. When the dispute relates to the recover of any sum including interest thereon due to a co-operative society by a member thereof, be computed from the date on which such member dies or ceases to be member or the society.

  2. Save as otherwise provided in sub clause (iii), when the dispute relates to any act or omission on the part of any of the parties referred to in clause (b) or clause (c) of sub-section (1), be six years from the date on which the act or omission with reference to which the dispute arose, took place.

  3. When the disputes relates to a co-operative society which has been ordered to be wound up under section 63 or in respect of which an administrator has been appointed under section 32, be six years from the date of the order issued under section 63 or section 32, as the case may be.

  4. When the dispute is in respect of an election of an officer of a co-operative society other than a society referred to in sub-section (1) of section 31, be one month from the date of the declaration of the result of the election.

  5. The period of limitation in the case of any other dispute except those mentioned in the forgoing clause which are required to be referred to the Registrar under the last preceding section shall be regulated by the provisions of Limitation Act, 1963, as if the dispute was a suit and the Registrar a civil court.

  6. Notwithstanding any thing contained in clause (a) and (b), the Registrar may admit a dispute after the expiry of the period of limitation, if the applicant satisfies the Registrar that he had sufficient cause for not referring the dispute within such period and the dispute so admitted shall be a dispute which shall not be barred on the ground that the period of limitation has expired.
61. Reference of disputes to arbitration.
  1. The Registrar may, on receipt of the reference of dispute under section 60 -
    1. Decide the dispute himself, or

    2. Transfer it for disposal to any person who has been invested by the Lieutenant Governor with powers in that behalf, or

    3. Refer it for disposal to an arbitrator.
       
    4. The Registrar may withdraw any reference transferred under clause (b) of sub-section (1) of referred under clause (c) of that sub-section and decide it himself or refer the same to another arbitrator for decision.

    5. The Registrar or any other person to whom a dispute is referred for decision under this section may, pending the decision of the dispute, make such interlocutory orders as he may deemed necessary in the interest of justice.
62. Power of financing bank to proceed.
  1. If a co-operative society is unable to pay its debts to a financing bank by reason of its members committing default in the payment of the moneys due by them, the financing bank may direct the committee of such a society to proceed against such members under section 60 an dif the committee fails to do so within a period of ninety days from the date of receipt of such direction, the financing bank itself may proceed against such members in which case the provisions of this Act, the rules or the bye-laws shall apply as if all references to the society or its committee in the said provisions were references to the financing bank.

  2. Where a financing bank has obtained a decree or award against a society in respect of moneys due to it from the society, the financing bank may proceed to recover such money firstly from the assets of the society and secondly from the members to the extent of their debts due to the society.

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Last Updated : 23 Mar,2014