Section 91 in The Maharashtra Co-Operative Societies Act, 1960
91. Disputes.
(1)Notwithstanding [anything contained] [These words were substituted for the words 'anything containing' by Maharashtra 33 of 1963, Section 20(a).] in any other law for the time being in force, any dispute touching the constitution, [elections of the committee or its officers [* * *] [These words were substituted for the words 'elections of the office bearers' by Maharashtra 20 of 1986. Section 48(a).]] conduct of general meetings, management or business of a society shall be referred by any of the parties to the dispute, or by a federal society to which the society is affiliated or by a creditor of the society, [to the co-operative Court] [These words were substituted for the words 'to the Registrar' by Maharashtra 18 of 1982, Section 3(a).] if both the parties thereto are one or other of the following:-(a)a society, its committee, any past committee, any past or present officer, any past or present agent, any past or present servant or nominee, heir or legal representative of any deceased officer, deceased agent or deceased servant of the society, or the Liquidator of the society [or the official Assignee of a deregistered society] [These words were inserted by Maharashtra 10 of 1988, Section 17(a)(i).].(b)a member, past member of a person claiming through a member, past member of a deceased member of society, or a society which is a member of the society [or a person who claims to be a member of the society;] [These words were added by Maharashtra 27 of 1969, Section 16(a)(i).](c)[ a person other than a member of the society, with whom the society, has any transactions in respect of which any restrictions or regulations have been imposed, made or prescribed under sections 43, 44 or 45, and any person claiming through such person; [Clauses (c) and (d) were, substituted for the original by Maharashtra 27 of 1969, Section 16(a)(j).](d)a surety of a member, past member or deceased member, or surety of a person other than a member with whom the society has any transactions in respect of which restrictions have been prescribed under section 45, whether such surety or person is or is not a member of the society;](e)any other society, or the Liquidator of such a society [or-de-registered society or the official Assignee of such a de-registered society] [These words were inserted by Maharashtra 10 of 1988, Section 17(a)(ii).].[Provided that, an industrial dispute as defined in clause (k) of section 2 of the Industrial Disputes Act, 1947, or rejection of nomination paper at the election to a committee of any society [* * *] [The proviso was added by Maharashtra 20 of 1986, Section 48(b).], or refusal of admission to membership by a society to any person qualified therefor [or any proceeding for the recovery of the amount as arrear of land revenue on a certificate granted by the Registrar under sub-section (1) or (2) of section 101 or sub-section (1) of section 137 or the recovery proceeding of the Registrar or any officer subordinate to him or an officer of society notified by the State Government, who is empowered by the Registrar under sub-section (1) of section 156,] [This portion was inserted by Maharashtra 10 of 1988, Section 17(a)(iii).] [or any orders, decisions, awards and actions of the Registrar against which an appeal under section 152 or 152A and revision under section 154 of the Act have been provided.] [These words figures and letter were inserted by Maharashtra 34 of 2001, (w.e.f. 7-9-2001) Section 8.] shall not be deemed to be a dispute for the purposes of this section.][* * * * * * * * *] [Sub-section (2) was deleted by Maharashtra 27 of 1969, Section 16(b).](3)Save as otherwise provided under [sub-section (2) to section 93] [These words, brackets and figures were substituted for the words, brackets and figures 'sub-section (3) of section 93' by Maharashtra 20 of 1986, Section 48(c).], no Court shall have jurisdiction to entertain any suit or other proceedings in respect of any dispute referred to in sub-section (1).Explanation 1. -A dispute between the Liquidator of a society [or an official Assignee of a de-registered society] [These words were Inserted by Maharashtra 10 of 1988, Section 17(b).] and [the members (including past members, or nominees, heirs or legal representative or deceased members)] [These words and brackets were substituted for the words 'the members' by Maharashtra 33 of 1963, Section 20(b).] of the same society shall not be referred [to the co-operative Court] [These words were substituted for the words 'to the Registrar', by Maharashtra 18 of 1982 Section 3(b).] under the provisions of sub-section (1).Explanation 2. - For the purposes of this sub-section, a dispute shall include-(i)a claim by or against a society for any debt or demand due to it from a member or due from it to a member, past member or the nominee, heir or legal representative of a deceased member, or servant for employee whether such a debt or demand be admitted or not;(ii)a claim by a surety for any sum or demand due to him from the principal borrower in respect of a loan by a society and recovered from the surety owing to the default of the principal borrower, whether such a sum or demand be admitted or not;(iii)a claim by a society for any loss caused to it by a member, past member or deceased member, by any officer, past officer or deceased officer, by any agent, past agent or deceased agent, or by any servant, past servant, past servant or deceased servant, or by its committee, past or present, whether such loss be admitted or not;(iv)a refusal or failure by a member, past member or a nominee, heir or legal representative of a deceased member, to deliver possession to a society of land or any other asset resumed by it for breach of condition as the assignment.
