The Multi-State Cooperative Societies Rules, 1985

CHAPTER V: SETTLEMENT OF DISPUTES

36. Procedure in proceeding before Central Registrar-

(1) A reference to the Central Registrar of any dispute under section 74 shall be in writing. Every such reference shall be accompanied with a fee of rupees ten for the money claims not exceeding rupees fifty in all other cases.

(2) On receipt of a reference under sub-rule(1) the Central Registrar may elect to decide the dispute himself or refer it for disposal to any other person who has been invested with powers of the Central Registrar under section 76 by the Central Government.

(3) The Central Registrar or other person deciding the dispute shall record a brief note of the evidence of the parties and witnesses who appear before him and upon the evidence so recorded and after consideration of any documentary evidence produced by the parties, a decision shall be given in accordance with justice, equity and good conscience by the Central Registrar or other person deciding the dispute. The decision given shall be in writing.

In the absence of any party duly summoned to attend, the dispute may be decided exparte. Exparte decision may, on sufficient cause for non-attendance being shown, be set aside by the Central Registrar or other person deciding the dispute, and the dispute ordered to be retaken on the register of disputes and disposed of:

Provided that no application for setting aside an exparte decision shall lie unless made within thirty days from the date of such decision and the party for whose non-attendance such decision was made had been duly served with the notice, or in other cases within thirty days from the date of knowledge of such decision having been made.

(4) The decision shall be communicated to the parties by,

(i) pronouncement of the decision; or

(ii) registered post to any party which may be absent on the date the decision is given.

(5) The Central Registrar or the person deciding the dispute, shall have power to appoint or remove a guardian for the party to the dispute, if any such party is a minor or a person with unsound mind or mental infirmity, and is incapable of protecting his interest.

(6) A duly certified copy of the decision shall, on application, be given to the parties to the dispute by the Central Registrar or the person deciding the dispute, on payment of copying charges at the rate of rupees one per page.