Saturday, April 8, 2017

Chptr-12.Settlement Of Disputes

DISPUTES


In section 2(1) of kerala co-operative society act the term dispute is defined. Accordingly," a dispute means any matters touching the business, constitution,
establishment or management of a society capable of being the subject matters of litigation and includes a claim in respect of any sum payable to or by a society whether such claim be admitted or not".

 SECTION 69 

DISPUTES TO BE DECIDED BY CO-OPERATIVE ARBITRATION COURT AND REGISTRAR 

Section 69 provides that any dispute touching the constitution or business or establishment or management of a society which fall under the following categories shall be referred to the registrar for decision and no court shall have jurisdiction for such disputes.
1. Among members, past members
2. deceased member and the society
3. Between the society or its committee and past committee, any officer or employee
   or any past officer
4. Between the society and any other society
5. Between the society and the members of a society affiliated to it.
6. Between the society and surety of a member
7. Between the society and a creditor of a company

According to section 69(2) the disputes may be in the following cases

1. A claim by the society or any amount due to it from a member nominee or legal
    representatives of the deceased member
2. A clam by a surety against the principal debtor
3. Any disputes arising  in connection with the election of the board of  management
    or any officer of the society

The person deciding the dispute should pass an order under the provisions of the act rules and bye laws. such an award shall be final subject to the provision of section 82.
For the easy and quick disposal of disputes in co-operative societies act the registrar is empowered to act as an arbitrator and the power of the civil court have been conferred on him.   

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