Section 48 in Uttarakhand Self Reliant Co-Operatives Act, 2003
48. Disputes.
(1)Notwithstanding anything contained in any other law for the time being in force, if any dispute touching the constitution, management or business of a co-operative 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 co-operative, its Board, Director, office- bearer, or liquidator, past or present; or(c)between the co-operative or its Board and any past Board, any Director, office-bearer, or any past Director, past office-bearer, or the nominee, heir, or legal representative of any deceased Director or deceased office bearer of the co-operative, such dispute shall be referred to the Arbitral Tribunal of the co-operative.Explanation. - For the purposes of this sub-section, a dispute shall include a claim by a co-operative for any debt or other amount due to it form a member, past member, the nominee, heir or legal representative of a deceased member, and/ or surety, whether such debt or other amount be admitted or not.(2)If any question arises whether a dispute referred to the Arbitral Tribunal under this section is a dispute touching the constitution, management or business of the co-operative. Such question shall be decided by the Arbitral Tribunal.(3)The Arbitral Tribunal shall decide the dispute in accordance with the provisions of this Act and the articles of association, and such decisions shall be final. Pending final decision on the dispute, the Arbitral Tribunal may make such interlocutory orders, as it may deem necessary in the interest of justice.(4)Every order or decision made under this section, shall be executed by the civil court having jurisdiction, as if such order is a decree of that court, on a certificated issued by the Arbitral Tribunal.(5)Notwithstanding anything contained in sub-section (4), or in any other law for the time being in force, and without prejudice to any other mode of recovery which is being taken or may be taken, an Arbitral Tribunal may, on the application made by the co-operative for the recovery of arrears due to the co-operative by any of its members, and on its furnishing a statement of accounts in respect of the arrears and after making such inquiry as the tribunal deems fit, issue a certificate for the recovery of the amount stated therein to be due as arrears.(6)A certificate issued by the Arbitral Tribunal under sub- section (5) shall be final and conclusive proof of the arrears stated to be due and the certificate shall be executed by the chief executive in the manner specified in the articles of association.
