Chapter XV SETTLEMENT OF DISPUTES

(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 of disciplinary action or dispute relating to service matters in respect of a paid servant of a society arises – (a) among members, past members and persons claiming through a member, or deceased members; or (b) between a member, past member or persons 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, agent or employee or the nominee, heirs or legal representatives of any deceased officer, agent or employee of the society; or (d) between the society and any other 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 arbitration of the Registrar for decision and no court shall have jurisdiction to entertain any suit or other proceedings in respect of such dispute. Provided that any proceedings pending or concluded under section 101 shall not constitute a dispute touching the constitution, management or the business of the society. (2) For the purpose of sub-section (1) the following shall be deemed to be 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, or nominee, heirs or legal representatives of a deceased member, whether such debt or demand be admitted or not; (b) a claim by a surety against the principle debtor where the society has recovered from the surety any amount in respect of any debt or demand due to it from the principle debtor as a result of the default of the principle 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 the business of co-operative society, the decision thereon of the Registrar shall be final and shall not be called in question in any court. (4) No dispute arising in connection with the election of committee member or officer of the society shall be entertained by the Registrar unless it is referred to him within thirty days from the date of the declaration of the result of election.

(1) The Registrar may, on receipt of the reference of dispute for arbitration under section 102,– (a) decide the dispute himself; (b) transfer it for disposal to any person who has been vested by the Government with powers in that behalf; or (c) refer it for disposal to any other person as arbitrator. (2) The Registrar may withdraw any reference from an officer who is exercising the powers of Registrar and entrust it for disposal to any other officer who has been vested with the powers of the Registrar. (3) 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 or refer the same to another arbitrator for decision. (4) The Registrar or any other person to whom a dispute is referred for decision under this section may, pending the decision of this dispute, make such interlocutory order as he may deem necessary in the interest of justice.

(1) Notwithstanding anything contained in section 102 and 103 a financing institution or a co-operative society may apply to the Registrar for recovery of arrears of any sum due to it from members, past members, officers, past officers and shall attach with such application a statement of accounts in respect of such sums. (2) On receipt of an application under sub-section (1) the Registrar may, after making such enquiry as he may deem fit after affording the members, past members, officers , past officers concerned an opportunity of being heard pass an order granting a certificate for the recovery of amount stated therein to be due, as such arrears. (3) When the Registrar is satisfied that a co-operative society has failed to take action under sub-section (1) against any of its members, past members, officers or past officers, the Registrar, on his own motion may, after making such enquiry as he deems fit and affording an opportunity of being heard proceed to grant a certificate referred to in sub-section (2). (4) A certificate granted by the Registrar, under this section shall be final and conclusive proof of arrears due therein and the same shall be recoverable as per provisions of section 110 of this Act.