Section 72 in Himachal Pradesh Co-Operative Societies Act, 1968
72. Dispute which may be referred to arbitration.
(1)Notwithstanding anything contained in any law for the time being in force, if any dispute touching the constitution, management, or the business of a cooperative society arises-(a)among members, past members and persons claiming through members, past members and deceased members; or(b)between a member, past member or person claiming through a member, past member or deceased member of the society, its committee or any officer, agent or employee of the society or liquidator, past, or present; or(c)between the society, or its committee and any past committee, any officer, agent or employee, or any past officer, past agent or past employee or the nominee, heirs or legal representatives of any deceased officer, deceased agent or deceased employee of the society; or(d)between the society and any other co-operative society, between a society and liquidator of another society or between the liquidator of one society and the liquidator of another society; or(e)a surety of a member, past member or a deceased member or a person other than a member who has been granted a loan by the society under section 58 whether such surety is or is not a member of the society; such disputes shall be referred to the Registrar for decision and no court shall have jurisdiction to entertain any suit or other proceeding in respect of such dispute.(2)For the purposes of sub-section (1), the following shall be deemed to be disputes touching the constitution, management, or the business of a cooperative society, namely:-(a)[ a claim by the society for any debt or demand due to it from a member or an employee, or the nominee, heir or legal representative of a deceased member or an employee, whether such debt or demand be admitted or not;] [Substituted vide Act No. 13 of 1981 (Sec. 6).](b)a claim by a surety against the principal debtor whether the society has recovered from a surety any amount in respect of any debt or demand due to it from the principal debtor as a result of default of the principal debtor, whether such debt or demand is admitted or not;(c)any dispute arising in connection with the election of any officer of the society.(3)If any question arises whether a dispute referred to the Registrar under this section is or is not a dispute touching the constitution, management or business of a co-operative society, decision thereon of the Registrar shall be final and shall not be called in question in any court.
