Section 69 in Kerala Cooperative Societies Act, 1969
69. Disputes to be decided by Co-operative Arbitration Court and Registrar.
(1)Notwithstanding anything contained in any law for the time being in force, if a dispute 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, a past member or deceased member and the society, its committee or any officer, agent or employee of the society; or(c)between the society or its committee and any past committee any officer, agent or employee or any past officer, past agent or past employee or the nominee, heirs or legal representatives of any deceased officer, deceased agent or deceased employee of the society; or(d)between the society and any other society; or(e)between a society and the members of a society affiliated to it ; or(f)between the society and a person, other than a member of the society, who has been granted a loan by the society or with whom the society has or had business transactions or any person claiming through such a person; or(g)between the society and a surety of a member, past member, deceased member or employee or a person, other than a member, who has been granted a loan by the society, whether such a surety is or is not a member of the society; or(h)between the society and a creditor of the society, such dispute shall be referred to the Co-operative Arbitration Court constituted under section 70A in the case of non-monetary disputes and to the Registrar, in the case of monetary disputes; and the Arbitration Court or the Registrar, as the case may be, shall decide such dispute and no other court or other authority shall have jurisdiction to entertain any suit or other proceedings in respect of such dispute.[Explanation. - In this section and in section 70, the term "Registrar" means the Registrar of Co-operative Societies appointed under sub-section (1) of section 3 and includes any person on whom the powers of the Registrar under this section and section 70 are conferred.] [Added by Kerala Act No. 29 of 1986.](2)For the purposes of sub-section (1) , the following shall also be deemed to be disputes, namely:-(a)a claim by the 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 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 the Board of management or any officer of the society;Explanation. - A dispute arising at any stage of an election commencing from the convening of the general body meeting for the election, shall be deemed to be a dispute arising in connection with the election;(d)any dispute arising in connection with employment of officers and servants of the different classes of societies specified in sub-section (1) of section 80, including their promotion and inter se seniority.(3)No dispute arising in connection with the election of the Board of Management or an officer of the society shall be entertained by the Co-operative Arbitration Court unless it is referred to it within one months from the date of the election.(4)[ All monetary disputes mentioned in Schedule III to the Act shall be filed within the time limit specified in the said Schedule.] [Inserted by Kerala Act No. 8 of 2013.]
