Chapter VIII SETTLEMENT OF DISPUTES

(1) Not withstanding 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 arises- (a) among members, past members and persons claiming through members, past members and deceased members, or (b) between a member, past members or person claiming through a member, past member or deceased member and the society, its committee or any officer, agent or employee of the society or liquidator, past or present, or (c) 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 (d) 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 dispute 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. (2) For the purposes of the sub-section (1), the following shall be deemed to include disputes touching the constitution, management or the business of a co-operative society, namely:- (a) a claim by the society for any debt or demand due to it from a member, past member, or the nominee, heir or legal representative of a deceased member, whether such debt or demand be admitted or not; (b) a claim by a 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; (c) any dispute arising in connection with the election of any officer of the society. (3) 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 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. When a party to any dispute referred to in sub-section (1) of section 55 desires to have such dispute determined in accordance with the said section, the party shall apply to the Registrar in writing, stating the substance of dispute and the name and address of the other party, in such form as the Registrar may lay down from time to time.

(1) The Registrar may, on receipt of the reference of dispute under section 55- (a) decide the dispute himself, or (b) transfer it for disposal to any person who has been invested by the Chief Commissioner with powers in that behalf, or (c) subject to such rules as may be prescribed, refer it for disposal to an arbitrator or arbitrators appointed by the Registrar. (2) Subject to such rules as may be prescribed, the Registrar may withdraw any reference transferred under clause(b) of sub-section(1) or referred under clause (c) of that sub-section and decide it himself. (3) The Registrar may, of his own motion or on the application of a party to a reference, revise any decision thereon by the person to whom such reference was transferred or by the arbitrator or arbitration to whom it was referred; Provided that no order prejudicial to any person shall be made under this sub-section unless that person has been given a reasonable opportunity of being heard. (4) (a) Any decision of the Registrar under clause (a) of sub-section (1) or under sub-section (3) shall be final and shall not be called in question in any court. (b) Any decision that may be made by the person to whom a reference is transferred or by the arbitrator or arbitration to whom it is referred, shall, save as otherwise provided in sub-section (3), be final and shall not be called in question in any court. (1) The Registrar shall have power to require the person referring a dispute under sub section (1) of section 55 to deposit in advance the fee, if any, to be specified by the Registrar for deciding the dispute. (2) The Registrar may, in such cases as he thinks fit, order the payment of fee to the arbitrator. It the Arbitrator happens to be an employee of the co-operative department, no fee shall be paid to him and the entire amount recovered towards his fee shall be treated as Government revenue and credited to the Government Account. (3) No fee shall be payable to an arbitrator till the dispute referred to him is finally decided. (4) The Registrar, may, in his discretion, remit the whole or any part of the fees under sub-rule (1)