Section 70 in Kerala Cooperative Societies Act, 1969
70. Award on disputes.
(1)The Co-operative Arbitration Court on receipt of reference of a dispute under sub-section (1) of section 69, shall pass an award [within one year] [Inserted by Kerala Act No. 16 of 2004.] in accordance with the provisions of this Act and the rules and the bye-laws made thereunder and such award shall, subject to the provisions of section 82 , be final.[Provided that a transfer under clause (b) or a reference under clause (c) shall not be made to a person equal or superior to him in rank.] [Added by Kerala Act No. 29 of 1986.](2)The Co-operative Arbitration Court may, pending award of dispute referred to it under section 69, make such interlocutory orders as it may deem necessary in the interest of justice.(3)The Co-operative Arbitration Court shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), while trying a suit in respect of the following matters, namely:-(i)the summoning and enforcing the attendance of any defendant or witness and examining the witness on oath;(ii)the discovery and production of any document or other material object producible as evidence;(iii)the reception of evidence on affidavits;(iv)issuing of any commission for the examination of any witness; and(v)any other matter which may be prescribed.(4)The Registrar may, on receipt of the reference of a dispute under sub-section (1) of section 69, -(a)elect to 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; or(c)refer it for disposal to an arbitrator appointed by the Registrar:Provided that a transfer under clause (b) or a reference under clause (c) shall not be made to a person equal or superior to him in rank.(5)The Registrar may withdraw any reference transferred under clause (b) of sub-section (4) or referred under clause (c) of that sub-section and he may elect to decide the dispute himself or transfer it to any other person under clause (b) of sub-section (4) or refer it to any other arbitrator under clause (c) of that sub-section.(6)The Registrar or the person invested with powers in this behalf shall, decide the dispute or the arbitrator shall pass an award, in accordance with the provisions of this Act and the rules and the bye-laws and such decision or award shall, subject to the provisions of section 82, be final. Pending decision or award, the Registrar, such person or the arbitrator, as the case may be, may make such interlocutory orders as he may deem necessary in the interest of justice.
