The Multi-State Cooperative Societies Act, 1984

CHAPTER VIII: SETTLEMENT OF DISPUTES

74. Disputes -

(1) Notwithstanding anything contained in any other law for the time being in force, if any dispute (other than a dispute regarding disciplinary action taken by a multi-State cooperative society against its paid employee or an industrial dispute as defined in clause (k) of section 2 of the Industrial Disputes Act, 1947) touching the constitution, management or business of a multi-State cooperative society arises -

(a) among members, past members and persons claiming through 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 multi-State cooperative society, its board or any officer, agent or employee of the multi-State cooperative society or liquidator, past or present, or

(c) between the multi-State cooperative society or its board and any past board, any officer, agent or employee, or any past officer, past agent of past employee or the nominee, heirs or legal representatives of any deceased officer, or deceased employee of the multi-State cooperative society, or

(d) between the multi-State cooperative society and any other multi-State cooperative society, between a multi-State cooperative society and liquidator of another multi-State cooperative society or between the liquidator of one multi-State cooperative society and the liquidator of another multi-State cooperative society, Such dispute shall be referred to the Central Registrar for decision and no court shall have jurisdiction to entertain any suit or other proceedings in respect of such dispute;

Provided that all disputes in which a national cooperative society is a party shall be referred to the Central Registrar or any officer empowered to exercise the power of the Central Registrar.

(2) For the purposes of sub-section (1), the following shall be deemed to be disputes touching the constitution, management or business of a multi-State cooperative society, namely:

(a) a claim by the multi-State cooperative 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 multi-State cooperative 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 a multi-State cooperative society.

(3) If any question arises whether a dispute referred to the Central Registrar is or is not a dispute touching the constitution, management or business of a multi-State cooperative society, the decision thereon of the Central Registrar shall be final and shall not be called in question in any court.

75. Limitation -

(1) Notwithstanding anything contained in the Limitation Act, 1963, but subject to the specific provisions made in this Act, the period of limitation in the case of a dispute referred to the Central Registrar shall,

(a) When the dispute relates to the recovery of any sum including interest thereon due to a multi-State cooperative 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) save as otherwise provided in clause(c), when the dispute relates to any act or omission on the part of any of the parties referred to in clause (b) or clause (c) of sub-section (1) of section 74, 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 relates to a multi-State cooperative society which has been ordered to be wound up under section 77 or in respect of which an administrator has been appointed under section 48, be six years from the date of the order issued under section 77 or section 48, as the case may be;

(d) when the dispute is in respect of an election of an officer of a multi-State cooperative 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 dispute, except those mentioned in sub-section (1), which are required to be referred to the Central Registrar shall be regulated by the provisions of the Limitation Act, 1963, as if the dispute were a suit and the Central Registrar a civil court.

(3) Notwithstanding anything contained in sub-sections(1) and (2), the Central Registrar may admit a dispute after the expiry of the period of limitation, if the applicant satisfies the Central Registrar that he had sufficient cause for not referring the dispute within such period.

76. Settlement of disputes -

(1) The Central Registrar may, on receipt of the reference of dispute under section 74.

(a) elect to decide the dispute himself, or

(b) transfer it for disposal to any other person who has been invested by the Central Government with powers in that behalf.

(2) The Central Registrar may withdraw any reference transferred under clause (b) of sub-section (1) and decide it himself or refer the same for decision to any other person who has been invested by the Central Government with powers in that behalf.

(3) The Central 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 interest of justice.