The Rajasthan Co-Operative Societies Act, 2001
Chapter X SETTLEMENT OF DISPUTES
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Chapter X SETTLEMENT OF DISPUTES
58. Disputes which may be referred to arbitration
Statutory text
- (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 arises -
- (a) among members, past members and persons claiming through members, past members and deceased members, or
- (b) between a member, past member or a 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
- (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, or
- (e) between the society and the 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 or with whom the society has or had transaction under section 52, whether such a surety is or is not a member of a society, such dispute shall be referred to the Registrar for decision and no court shall have jurisdiction to entertain any suit or other proceeding in respect of such dispute: Provided that such disputes between the society and its employees, for which a remedy is available under the provisions of the service laws applicable on the employees, shall not be entertained under this section.
- (2) For the purpose of sub-section (1), the following disputes shall also be deemed to be the 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 the 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 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: Provided that no dispute under this clause shall be entertained during the period commencing from the announcement of election programme and ending on the declaration of the results.
- (3) If any question arises whether a dispute referred to the Registrar under this section is 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.
Chapter X SETTLEMENT OF DISPUTES
59. Limitation
Statutory text
- (1) Notwithstanding anything contained in the Limitation Act, 1963 (Central Act 36 of 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 Section 58 shall,-
- (a) when the dispute relates to the recovery of any sum, including interest thereon, due to a society by a member thereof, be computed from the date on which such member dies or ceases to be a member of the society;
- (b) when the dispute is between a society or its committee, any past committee, any past or present officer, or past or present agent, or past or present servant or the nominee, heir or legal representative of a deceased officer, deceased agent or deceased servant of the society, or a member, or past member, or the nominee, heir or legal representative of a deceased member or between two co-operative societies and when the dispute relates to any act or omission on the part of either party to the dispute, be six years from the date on which the act or omission with reference to which the dispute arose took place;
- (c) when the dispute is in respect of any matter touching the constitution, management or business of a society which has been ordered to be wound up under section 61, or in respect of which an administrator has been appointed under section 30, be six years from the date of the order issued under section 61 or section 30, as the case may be;
- (d) when the dispute is in respect of an election of an office bearer of the society, be one month from the date of the declaration of the result of the election.
- (2) The period of limitation in the case of any other dispute except those mentioned in the foregoing sub-section, which are required to be referred to the Registrar under section 58 shall be regulated by the provisions of the Limitation Act, 1963 (Central Act 36 of 1963), as if the dispute were a suit, and the Registrar a civil court.
- (3) Notwithstanding anything contained in sub-sections (1) and (2), the Registrar may admit a dispute after the expiry of the limitation period, if the applicant satisfies the Registrar that he had sufficient cause for not referring the dispute within such period.
Chapter X SETTLEMENT OF DISPUTES
60. Reference of disputes to arbitration
Statutory text
- (1) The Registrar may, on receipt of the reference of a dispute under section 58,-
- (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 having the eligibility, prescribed therefor.
- (2) The Registrar may withdraw any reference transferred or referred for disposal under sub-section (1) and either decide it himself or transfer or refer it again for disposal to another person or arbitrator mentioned in clause (b) or (c) of that sub-section, if the person or arbitrator, to whom the dispute was first transferred or referred,-
- (i) dies, resigns or is transferred; or
- (ii) has become incapable of acting or against whom a complaint has been received regarding his misconduct or corruption; or
- (iii) neglects or refuses to act.
- (3) 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 deem necessary in the interests of justice.
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