Section 103 in West Bengal Co-operative Societies Act, 2006
103. Settlement of Disputes.
(1)The State Government shall constitute a board of arbitrators consisting of a chief arbitrator of the rank of Additional Registrar of Co-operative Societies and 10 other Arbitrators-five from among the officers of the Department of Co-operation of that Government and five from among the distinguished Co-operators of this State.(2)[ A dispute under section 102 relating to all apex Co-operative Societies and all federal Co-operative Societies shall be filed before the Registrar who shall after condoning the delay, if any found to be condonable, and admitting the dispute forthwith refer it for decision to the board of arbitrators as constituted under sub-section (a) of this section. The chief arbitrator of the board may dispose it himself or transfer it to any arbitrator or arbitrators for disposal.Explanation.- For the purpose of this sub-section, the word "Registrar" means the Registrar of Co-operative Societies, West Bengal only.] [[Substituted by section 13 of the W Bengal Co-operative Societies (Second Amendment) Act, 2013, (West Bengal Act No. 7 of 2013), w.r.e.f. 19.2.2013, earlier section read as follows :(2)A dispute under section 102 relating to all apex Co-operative societies, all Central Co-operative societies and all housing Co-operative societies in the Kolkata and Metropolitan Area as defined in the Kolkata Metropolitan Development Authority Act, 1972 (West Bengal Act No. 11 of 1972) shall be filed before the Registrar who shall after condoning the delay, if any, and admitting the dispute, forthwith refer it for decision to the board of arbitrators as constituted under sub-section (1) of this section. The chief arbitrator of the board may dispose it of himself or transfer it to any arbitrator or arbitrators for disposal.]](3)A dispute relating to any Co-operative society other than those mentioned in sub-section (2) shall be filed before the officer authorised to exercise the powers of Registrar, who may-(a)decide the dispute himself as an arbitrator; or(b)appoint one arbitrator or a forum of arbitrators for disposal of the dispute.(4)The Registrar or an arbitrator or the board of arbitrators or the forum of arbitrators, as the case may be, may on the application of any party to a dispute referred under sub-sections (2) and (3) and on such terms as he or it thinks fit, make, after giving the parties an opportunity of being heard, such interlocutory order as he or it considers necessary for preservation of any property or right which is the subject matter of the dispute.(5)(a)A dispute filed before the Registrar under sub-section (2) and before the officer authorised to exercise the power of Registrar under sub-section (3) shall be decided within six months from the date of receipt thereof by the arbitrator or the board of arbitrators or the forum of arbitrators, as the case may be.(b)If the dispute is not decided within the period specified in clause (a), the arbitrator, the board of arbitrators or the forum of arbitrators, as the case may be, shall submit a report to the Registrar stating reasons for such failure and applying for further period to be specified by him or it at least fifteen days before the expiry of the period and the Registrar may allow further time not exceeding six months for disposal of the dispute :Provided that where the dispute is being decided by the Registrar, he shall record the reasons in writing for extension of the period for disposal of dispute not exceeding six months.(c)The dispute shall be decided within the time as extended under clause (b). If the dispute is not decided within the period of twelve months, the arbitrator, the board of arbitrators, or the forum of arbitrators, as the case may be, shall submit report stating reason with the case record before the appointing authority for appropriate orders.(6)In the case of a dispute relating to recovery of money, the provisions of the section shall apply notwithstanding that any party thereto is punishable for an offence under any law for the time being in force.(7)All such disputes shall be disposed off following the procedure and the manner as may be prescribed.
