Question

Write short notes on Settelment of disputes as per co-operative societies act.

Answer 1

Answer:

Settlement of disputes

1. Where any dispute that relates to the business of a society arises—

a. among members, former members and persons claiming through members or deceased members;

b. between a member, former member or person claiming through a member or a deceased member, and the society, its board, or any officer of the society;

c. between a member and the society arising out of or under any by-law relating to the disposal of the produce of agricultural or animal husbandry, or under any contract made pursuant to this Act;

d. between the society and any other society, any party to the dispute may refer it to the Registrar for decision.

2. The Registrar may, before proceeding to hear or determine a dispute, make or cause to be made a preliminary investigation—

a. to ascertain the causes;

b. to define the issues;

c. to bring about a voluntary settlement between the parties to the dispute.

3. For the purpose of hearing any dispute the Registrar or arbitrator, as the case may be—

a. may administer oaths; and

b. may require—

i. the attendance of all parties concerned and witnesses; and

ii. the production of all books, documents and things relating to the dispute.

4. The Registrar or arbitrator, as the case may be, may order the expenses of determining any dispute, including fees to an attorney-at-law to be paid by the society or the parties to the dispute.

5. A party aggrieved by a decision of the Registrar or an arbitrator may appeal to the Co-operative Societies Appeals Tribunal within such time and in such manner as may be prescribed.

6. Notwithstanding anything in this section, a registered society may exercise any rights arising by law under any charges, mortgages, bills of sale or other securities duly executed in accordance with this Act or any other law without recourse to arbitration.

7. For the purposes of subsection (1), a claim by a society for any debt or demand due to it from a member, former member or the personal representative of a deceased member is a dispute that relates to the business of a society within the meaning of subsection (1).