Section 39 in Jammu and Kashmir Co-operative Societies Rules, 2001
39.
(1)Reference of Disputes to arbitration- (i) The Registrar/authority may on receipt of the reference of a dispute under sections 70, 71 & 72:-(a)decide the dispute himself, or(b)transfer it for disposal to any person who has been invested by the Government with powers in that behalf,(c)refer it for disposal to an arbitrator.(ii)The Registrar may withdraw any reference transferred under clause (b) of sub-rule (i) or referred under clause (c) of that sub-rule and decide it himself.(iii)The Registrar or any other person to whom a dispute is referred for decision under this rule may pending the decision of the dispute make such interlocutory orders, as he may deem necessary in the interests of justice.(2)Procedure for arbitration A reference to the Registrar/authority of any dispute under sections 70 (1), 71 (1) and 72 (1) of the Act shall be in writing.(3)The period of limitation for referring a dispute touching the constitution, management for the business of a Co-operative Society under sub-section (1) of Section 70, sub-section (1) of section 71 and sub-section (1) of section 72 of the Act, shall be regulated by the provisions of the Jammu and Kashmir Limitation Act, Samvat 1995 (X of 1995) as if the dispute were a suit and the Registrar/authority/arbitrator a civil court.(4)Where on receipt of a reference under sub-rule (1), the Registrar/authority decides under clause (c) of sub-rule (1) of rule 39 to refer it for disposal by arbitrator, the reference shall be made to one arbitrator appointed by the Registrar.(5)The Registrar/authority/arbitrator deciding the dispute shall record a brief note of the evidence of the parties and witnesses who attend and upon the evidence so recorded and after consideration of any documentary evidence produced by the parties, a decision or award, as the case may be, shall be given in accordance with justice, equity and good conscience by such Registrar/authority/arbitrator. The decision or award given shall be reduced in writing. In the absence of any party duly summoned to attend, the dispute may be decided ex parte.(6)(a)The Registrar/authority/arbitrator shall have power to require the persons referring a dispute under sub-section (1) of section 70, sub-section (1) of section 71 and sub-section (1) of section 72 of the Act to deposit in advance the fee specified by the Registrar/authority/arbitrator for deciding the dispute.(b)The Registrar/authority/arbitrator deciding a dispute under sections 70, 71 and 72 of the Act and sub-rule (1) of this rule shall have power to order the expenses incurred in determining such dispute to be paid either out of the funds of the society or by such party or parties to the dispute, as he may think fit.The Registrar/authority/arbitrator may, in his discretion, remit the whole or any part of the fee collected under clause (a).
