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.
1.
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.
1.
2.
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.