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State of Gujarat - Section

Section 97 in The Gujarat Co-Operative Societies Act, 1961

97. Limitation.

(1)Notwithstanding anything contained in the Indian Limitation Act, 1908 (IX of 1908), but subject to the specific provisions made in this Act, the period of limitation in the case of a dispute referred to the Registrar under Section 96 shall-
(a)when the dispute relates to the recovery of any sum, including interest thereon due to a 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)when the dispute is between a society or its committee, and any past committee, any past or present officer, or past or present agent, or past or present servant or the nominee, heir or legal representative of a deceased officer, deceased agent or deceased servant of the society, or a member or past member, or the nominee, heir or legal representative of a deceased member, and when the dispute relates to any act or omission on the part of either party to the dispute, 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 is in respect of any matter touching the constitution, management or business of a society which has been ordered to be wound up under Section 107, or in respect of which a nominated committee or an administrator has been appointed under Section 81, be six years from the date of the order issued under Section 107, or Section 81, as the case may be;
(d)when the dispute is in respect of an election of any office-bearer of a society, be two months from the date of the declaration of the result of such election.
(2)The period of limitation in the case of any dispute other than those mentioned in sub-section (1) which are required to be referred to the Registrar under Section 96 shall be regulated by the provisions of the Indian Limitation Act, 1908 (IX of 1908), as if the dispute were a suit, and the Registrar of a Civil Court.
(3)Notwithstanding anything contained in sub-section (1) and (2), the Registrar may admit a dispute after the expiry of the period of limitation if the applicant satisfies him that he had sufficient cause for not referring the dispute within such period, and the dispute so admitted shall be a dispute which shall not be barred on the ground that the period of limitation had expired.