Bare ActsThe PUDUCHERRY CO-OPERATIVE SOCIETIES ACT, 1972

Section 84

Disputes

Amendment status not verified — confirm the current text below against the official source.

Disputes.- (1) If any dispute touching the constitution of the committee or the management or the business of a registered society (other than a dispute regarding disciplinary action taken by the society or its committee against a paid servant of the 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 person claiming through a member, past member or deceased member and the society, its committee or any officer, agent or servant of the society; or (c) between the society or its committee and any past committee, any officer, agents or servants, or any past officer, past agent or past servant, or the nominee, heirs or legal representatives of any deceased officer, deceased agent, or deceased servant of the society; or (d) between the society and any other registered society; such dispute shall be referred to the Registrar for decision. Explanation: For the purposes of this section, a dispute shall include.- (i) a claim by a registered society for any debt or demand due to it from a member, past member or the nominee, heir or legal representative of a deceased member whether such debt or demand be admitted or not; and (ii) a claim by a registered society against a member, past member or the nominee heir or legal representative of a deceased member for the delivery of a possession to the society of land or other immovable property resumed by it for breach of the conditions of assignment or allotment of such land or other immovable property: Provided that no dispute relating to, or in connection with, any election to a committee shall be referred under this sub-section till the date of the declaration of the result of such election. (2) The Registrar may, on receipt of such reference.- (a) decide the dispute himself or transfer it for disposal to any person subordinate to and empowered by him; or (b) subject to such rules as may be prescribed, refer it for disposal to an arbitrator or arbitrators. 92 (3) Subject to such rules as may be prescribed, the Registrar may withdraw any dispute referred under sub-section (1) to any person subordinate to him or transferred under clause (a) or referred under clause (b) of sub-section (2) by the Registrar or any person subordinate to him and- (a) decide the dispute himself; or (b) transfer it for disposal to any person subordinate to and empowered by him; or (c) refer it for disposal to an arbitrator or arbitrators, or (d) re-transfer the same for disposal to the person from whom it was withdrawn; or (e) refer it for disposal to the arbitrator or arbitrators from whom it was withdrawn. (4) If a question arises, whether for the purposes of this section, any person is or was a member of a registered society, or whether any dispute referred for decision is a dispute touching the constitution of the committee, or the management or the business of the society, such question shall be decided by the Registrar. (5) Where any dispute referred to the Registrar under sub-section (1) or withdrawn by him under sub-section (3) relates to immovable property, the Registrar or the person or the arbitrator or arbitrators to whom it is transferred, referred or re-transferred under sub-section (2) or sub- section (3) may, on the application of a party to the dispute, direct that any person who is interested in such property whether such person be a member or not, be included as a party to the dispute and any decision that may be passed on the reference by the Registrar, the person, the arbitrator or arbitrators aforesaid, as the case may be, shall be binding on the party so included, provided that he shall be liable only to the extent of such property. (6) The Registrar may pass such interlocutory orders as he may deem fit in the interests of justice. (7) The provisions of the Arbitration Act, 1940 (Central Act 10 of 1940)* shall not apply to proceedings under this chapter. CHAPTER - X LAND DEVELOPMENT BANKS

Section 84 – The PUDUCHERRY CO-OPERATIVE SOCIETIES ACT, 1972 | DailyLaw.ai