Section 68 in The Bihar Co-operative Societies Rules, 1959
68. Disputes; arbitration.
(1)A dispute under Section 48 shall be referred to the Registrar in writing and the reference may be made-(a)by the Managing Committee of the registered society interested in the dispute or by any party to the dispute, or(b)by any member of the society if the dispute relates to the society from a member of the Managing Committee.(2)Where the dispute relates to a sum due by a registered society to an affiliating society, the reference shall contain the names of the members of the Managing Committee and a list of the debtor-members of the former society along with the amounts outstanding against each of them:Provided that in the case of a registered society with unlimited liability it shall also contain a list of all the members of the society and the amounts due to it from each member.(3)On receipt of such reference the Registrar shall cause a notice to be served on the opposite-party requiring him to show cause within such time as may be specified therein as to why the dispute shall not be decided in favour of the applicant. On the expiry of the time so specified whether or not the opposite-party has filed a written statement showing cause, the Registrar may decide the dispute himself or transfer it for disposal to any person exercising the powers of a Registrar in this behalf or refer it for decision to an arbitrator or arbitrators appointed by him. The Registrar shall, in case there are more than one arbitrator, nominate one of them to be the Chairman who shall preside at their meetings and act in the name of the arbitrators and carry on necessary correspondence in connection with the disposal of the case.(4)If an arbitrator dies or refuses or neglects to act or by absence or otherwise becomes incapable of acting or if the Registrar, for any reason, considers it necessary, he shall nominate another person in his place to act as arbitrator.(5)When a dispute is referred to arbitration, the Registrar may fix a time-limit for the submission of their award together with the record of the case.(6)If during the pendency of a dispute under Section 48 of the Act, any person who is a party to the dispute dies, the Registrar or the arbitrator may on an application made in this behalf, substitute the name of the nominee, heir or legal representative of the deceased person as a party and may order the issue of fresh summons to such substituted person. Where the nominee, heir or legal representative is a minor the Registrar or the arbitrator on being satisfied of the fact of his minority, shall appoint a person to be his next friend or guardian for the case in the manner provided under the Code of Civil Procedure, 1908. Where a question arises as to whether any person is or is not the legal representative of the deceased person such question shall be determined by the Registrar or the arbitrator, as the case may be.(7)The Registrar or the arbitrator shall after consideration of any evidence adduced by the parties give a decision in writing and the decision shall contain the number of reference, the names and the description of the parties, particulars of the dispute, summary of evidence, if any and the ground of decision or award and shall specify clearly the relief granted, the amount decreed, future interest, if any, allowed, the costs awarded, the party from whom the costs shall be realised and the party in whose favour the costs are awarded.(8)If any party duly summoned to appear or produce any evidence before the Registrar or arbitrator fails to comply with the summons, the dispute may be decided ex-parte or otherwise on the basis of the materials available.(9)When a dispute is referred to a board of arbitrators the opinion of the majority shall prevail.(10)In proceedings before the Registrar or arbitrator a party may be represented by a legal practitioner.(11)The Registrar may, at any stage of the proceedings before a person exercising the power of the Registrar or before an arbitrator or arbitrators, call for and examine the records of the proceedings and may at any stage of the proceedings but before a decision or award is given withdraw the case transferred or referred under clause (b) or clause (c) of sub-Section (2) of Section 48.(12)If any sum recoverable from a registered society is recovered under Section 54 from a member, past member, or estate of a deceased member or a surety, it shall be duty of the society to make a corresponding adjustment in the account of the member concerned and the debt of the member if any, to such society shall be deemed to be automatically reduced to the extent of the amount recovered from him, his estate or his surety, unless the Registrar directs otherwise.(13)(a)Reference of a dispute to the Registrar shall be made in Form no. XII, application for decision shall be made in Form no. XIII, notices to parties shall be issued in Form no. XIV and summons shall be issued in Form no. XV.(b)Notice for attachment of property and order for attachment thereof under Section 50 shall be issued in Form no. XXI and Form no. XXII respectively.(c)For the purpose of mortgage award, the following forms shall be used:-(i)Application for a mortgage decree-Form no. XVI.(ii)Notice on defaulting member-Form no. XVII.(iii)Preliminary mortgage decree-Form no. XVIII.(iv)Notice before final mortgage decree-Form no. XIX.(v)Final mortgage decree-Form no. XX.
