section 102
Disputes
The Dadra and Nagar Haveli and Daman and Diu Co-Operative Societies Regulation, 2024Corporate2024155 sections12 chapters
Chapter IX PROCEDURE FOR DECIDING DISPUTES
Statutory text
- (1) Notwithstanding anything contained in any other law for the time being in force in the Union territory, any dispute touching the constitution, management, business, election of the Committee or its officers or conduct of general meetings of a society shall be referred by any of the parties to the dispute, or by a federal society to which the society is affiliated, or by a creditor of the society, to the Registrar, if the parties thereto are amongst the following, namely:—
- (a) a society, its Committee, any past Committee, any past or present officer, any past or present agent, any past or present servant or nominee, legal heir or legal representative of any deceased officer, deceased agent or deceased servant of the society, or the Liquidator of the society;
- (b) a member, past member or a person claiming through a member, past member or a deceased member of a society, or a society which is a member of the society;
- (c) a person, other than a member of the society, who has been granted a loan by the society, or with whom the society has or had transactions under the provisions of section 50, and any person claiming through such a person;
- (d) a surety of a member, past member or a deceased member, or a person other than a member who has been granted a loan by the society under section 50, whether such a surety is or is not a member of the society;
- (e) any other society, official assignee or the Liquidator of such a society.
- (2) When any question arises a matter referred to for decision is a dispute or not, under sub-section (1), the question shall be considered by the Registrar, whose decision shall be final. Explanation.—For the purposes of this sub-section, it is hereby clarified that—
- (a) the expression “dispute” shall include—
- (i) a claim by a society for any debt or demand due to it from a member, past member or the nominee, legal heir or legal representative of a deceased member, whether such a debt or demand be admitted or not;
- (ii) a claim by a surety for any sum or demand due to him from the principal borrower in respect of a loan by a society and recovered from the surety owing to the default of the principal borrower, whether such a sum or demand be admitted or not;
- (iii) a claim by a society for any loss caused to it by a member, past member, or deceased member, by any officer, past officer or deceased officer, by any agent, past agent or deceased agent, or by any servant, past servant or deceased servant, or by its Committee, past or present whether such loss be admitted or not;
- (iv) a refusal or failure by a member, a past member or a nominee, legal heir or legal representative of a deceased member, to deliver possession to a society of land or any other asset resumed by it for breach of conditions of the assignment;
- (b) the expression “agent” includes, in the case of a housing society, an architect, engineer or contractor engaged by the society.
- (a) the expression “dispute” shall include—
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