Section 58 in Punjab Self-Supporting Co-operative Societies Act, 2006
58. Settlement of disputes.
(1)If any dispute touching the constitution, management or the business of a self-supporting co-operative society arises,-(i)among members, past members and persons claiming through members, past members and deceased members or(ii)between a member, past member or a person claiming through a member, past member or deceased member and the self-supporting co-operative society, its Board, Director, or any officer, agent or employee of such society or office-bearer or liquidator, past or present; or(iii)between the self-supporting co-operative society and its Board or any past Board, any Director or any officer, agent or employee or office-bearer, or any past Director or any past officer, past agent or past employee or past office-bearer, or the nominee, heirs, or legal representatives of any deceased Director or any deceased officer, any deceased agent or deceased employee of such society, deceased office-bearer of such society the same shall be referred to the Arbitration Council.(2)If any dispute touching the constitution, management or business of a self-supporting co-operative society arises: -(i)between a self-supporting co-operative society and any other self-supporting co-operative society or between a self-supporting co-operative society and liquidator of another self-supporting co-operative society or between the liquidator of one self-supporting co-operative society and liquidator of another self-supporting co-operative society, the same shall be referred to the Co-operative Tribunal.(ii)between a self-supporting co-operative society and any co-operative society or between a self-supporting co-operative society and liquidator of a co-operative society, the same shall be referred to the Registrar.Explanation -For the purpose of this sub-section, a dispute shall include-(i)a claim by a self-supporting co-operative society for any debt or other amount, due to it from a member, past member, the nominee, heirs or legal representatives of a deceased member, whether such debt or other amount due, is admitted or not;(ii)a claim by a surety against the principal debtor where the self-supporting co-operative society has recovered any amount from the surety in respect of any debt or other amount due to it from the principal debtor as a result of the default of the principal debtor whether such debt or other amount due is admitted or not:(iii)a claim by a self-supporting co-operative society against a member, past member, or the nominee, heir or legal representative of a deceased member for the delivery of possession of land or other immovable property resumed by such society for breach of the conditions of assignment or allotment of such land or other immovable property; and(iv)any dispute arising in connection with the election of Directors or delegates or representatives or President or Vice-President and other office bearers of the self-supporting co-operative society:Provided that no dispute under this clause shall be entertained during the period commencing from the announcement of the election programme till the declaration of the results.(3)If any question arises as to whether a dispute referred to the Arbitration Council or the Co-operative Tribunal or the Registrar, as the case may be, under this section, is or is not a dispute, touching the constitution, management or business of a self-supporting co-operative society, such a question shall be decided by the Arbitration Council, the Co-operative Tribunal or the Registrar to whom the dispute is referred.(4)The Arbitration Council shall on deposit of the fee, specified in the bye-laws, decide the dispute in accordance with the provisions of this Act and the bye-laws. Pending final decision on the dispute, the Arbitration Council may make such interlocutory orders, as it may deem necessary in the interest of justice.(5)Notwithstanding anything contained in sub-section (3), and without prejudice to any other mode of recovery, which is being adopted, or may be adopted, the Arbitration Council may, on the application made by the self-supporting co-operative society for the recovery of arrears of any sum advanced by it to any of its members, after making such inquiry, as the Arbitration Council deems fit and after giving an opportunity of being heard to such members, issue a certificate to the self-supporting co-operative society for the recovery of the amount stated therein to be due as arrears of land revenue.(6)A certificate issued by the Arbitration Council 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 this Act.
