section 71
Reference of disputes to arbitration.
The DCS Act 2003Reference of disputes to arbitration. (1) The Registrar may, on receipt of the reference of dispute under section 70 – (a) decide the dispute himself, or (b) transfer it for disposal to any person who has been invested by the Government with powers in that behalf, or (c) refer it for disposal to an arbitrator. (2) The method, manner of selection, appointment of arbitrators, their qualifications, terms and conditions of appointment and fees payable to them shall be as prescribed under the rules. (3) (a) For selecting persons for appointment as arbitrators, the Government shall constitute a selection committee which shall consist of the following, namely :- (i) Minister in charge of the Department of Co-operative Societies – Chairman (ii) One elected member of the Delhi Legislative Assembly - Member (iii) Secretary (Cooperation) to the Government - Member (iv) Secretary (Law & Justice) to the Government - Member (v) Registrar, Cooperative Societies - Member (b) All decisions of the selection committee shall be taken by majority. (4) The Registrar may withdraw any reference under clause (b) of sub-section (1) or referred under clause (c) of sub-section (1) and decide it himself or refer the same to another arbitrator for decision. (5) The Registrar or any other arbitrator 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 deem necessary in the interest of justice. (Substituted vide Notification No. F.14(31)/LA-2004/16 dated 17/01/2005) 10. Under Sec-71(1) - "shall" (a) decide the dispute himself, or (b) refer it for disposal to arbitration council. (2) The Government shall constitute as many arbitration councils as may be necessary each consisting of three members including a Chairman, to decide disputes under this section. (3) (a) For selecting persons for appointment as members of the arbitration council, the Government shall constitute a selection committee as often as may be required which shall consist of the following namely- (i) Principal Secretary to the Government - Chairman (ii) Secretary, Law and Judicial - Member (iii) Registrar Co-operative Societies - Member Secretary (b) The selection committee shall finalise within a period of thirty days from the date on which the reference is made to it. (c) The selection committee shall recommend a panel of names for every vacancy referred to it. (d) All decisions of the selection committee shall be by majority. (4) The Government shall appoint the member of the arbitration council from the names recommended by the selection committee. (5) The method, manner of selection, appointment of members of the arbitration council, designation of one of the members as Chairperson of such council, their qualifications, terms and conditions of appointment and fee payable to them shall be prescribed by the Government from time to time. (6) The term of members of the arbitration council shall be three years and they shall hold their office at the pleasure of the Government. (7) The decision of the arbitration council shall be taken on the basis of majority. (8) The Registrar or arbitration council will decide the dispute referred within a period of one hundred and twenty five days and if the dispute is not decided within the aforesaid period, the Registrar or arbitration council, as the case may be, on a written application from the parties to the reference and on being satisfied that there were sufficient reasons for delay, may extend the period upto further period of one hundred and twenty five days, within which the dispute shall be decided. (9) The Registrar may withdraw any reference transferred under clause (b) of sub-section (1) and decide it himself or refer the same to another arbitration council for decision. (10) The Registrar or arbitration council to whom a dispute is referred for decision under this section may, pending the decision of the dispute, make such interlocutory orders as may be deemed necessary in the interest of justice.
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