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State of Haryana - Section

Section 102 in Haryana Co-operative Societies Act, 1984

102. Disputes for arbitration.

(1)Notwithstanding anything contained in any law for the time being in force, if any dispute touching the constitution, [***] [The word ``establishment'' omitted by Act No. 15 of 1990.] management or the business of a co-operative society [other than a dispute of disciplinary action or dispute relating to service matters in respect of a paid servant of a society] [Added by Haryana Act No. 19 of 2006.] arises -
(a)among members, past members and persons claiming through a member, past member or deceased member; or
(b)between a member, past member or persons claiming through a member, past member or deceased member and 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, agent or employee or the nominee, heirs or legal representatives of any deceased officer, agent or employee of the society; or
(d)between the society and any other society, between a society and liquidator of another society or between the liquidator of one society and the liquidator of another society;
such disputes shall be referred to the arbitration of the Registrar for decision and no court shall have jurisdiction to entertain any suit or other proceedings in respect of such dispute.[Provided that any proceedings pending or concluded under Section 101 shall not constitute a dispute touching the constitution, management or the business of the society.] [Added by Haryana Act No. 19 of 2006.]
(2)For the purpose of sub section (1), the following shall be deemed to be disputes touching the constitution, management or the business of a co- operative society, namely :-
(a)claim by the society for any debt or demand due to it from a member, or nominee, heirs or legal representatives of a deceased member, whether such debt or demand be admitted or not;
(b)a claim by a surety against the principal debtor where the society has recovered from the surety any amount in respect of any debt or demand due to it from the principal debtor as a result of the 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 the business of co-operative society, the decision thereon of the Registrar shall be final and shall not be called in question in any court.
(4)No dispute arising in connection with the election of committee member or officer of the society shall be entertained by the Registrar unless it is referred to him within thirty days from the date of the declaration of the result of election.