Section 48 in Jharkhand Co-operative Societies Act, 2008
48. Disputes.
(1)If any dispute touching the business of a registered co-operative society (other than a dispute regarding disciplinary action taken by the society or its managing committee against a paid servant of the society arises -(a)amongst members, past members, persons claiming through members, past members or deceased members, and sureties of members, past members or deceased members, whether such sureties are members or nonmembers; or(b)between a member, past member, persons claiming through a member, past member or deceased member, or sureties of members, past members or deceased member, whether such sureties are members or nonmembers and the society, its managing committee or any officer, agent or servant of the society; or(c)between the society or its managing committee and any past or present officer, agent or servant of the society; or(d)between the society and any other registered society; or(e)between a financing bank authorized under the provisions of sub-section (1) of section 16 and a person who is not a member of a registered society;Such dispute shall be referred to the Registrar in case of co-operative societies and to Co-operative Forum and co-operative Tribunal in self supporting society.Provided that no claim against a past member or the estate of a deceased member shall be treated as a dispute if the liability of the past member or of the estate of the deceased member has been extinguished by virtue of section 32 or section 63 of the Act.Explanation. - (i) A claim by a registered society for any debt or demand due to it from a member or non-member, past member or the nominee, heir or legal representative of a deceased member or non-member, or from sureties or members, past members or deceased members, whether such sureties are members or non members, shall be a dispute touching the business of the society within the meaning of this sub-section even in case such debt or demand is admitted and the only point at issue is the ability to pay or the manner of enforcement of payment.Explanation. - (ii) The question whether a person is or was a member of a registered society or not shall be a dispute within the meaning of this subsection.(2)The Registrar, Co-operative Forum or the Co-operative Tribunal, as the case may be, may on receipt of such reference -(a)decide the dispute himself; or(b)transfer it for disposal to any person exercising the powers of a Registrar in this behalf; or(c)subject to any Rules refer it for disposal to an arbitrator or arbitrators.(3)Subject to any Rules, the Registrar in case of co-operative society may withdraw any reference transferred under clause (b) of sub-section (2) or referred under clause (c) of the said subsection and deal with it in the manner provided in the said subsection.(4)The appointment of an arbitrator or arbitrators and the procedure to be followed in proceedings before the Registrar or such arbitrators shall be regulated by the Rules.(5)In the case of dispute involving property which is given as collateral security, it shall be competent to the person deciding such dispute to issue mortgage award which shall have the same force as a mortgage decree of a competent Civil Court.(6)Any person aggrieved by any decision given in dispute transferred or referred under clause (b) or (c) of sub-section (2) may, within three months from the date of such decision, appeal to the Registrar in case of co-operative societies.(7)The Registrar, Co-operative Forum or the Co-operative Tribunal, as the case may be, in the case of dispute under this section, shall have the power of review vested in a Civil Court under section 144 and under Order XL VII, rule 1 of the Code of Civil Procedure, 1908, and shall also have the inherent jurisdiction specified in section 151 of the said Code.(8)The Registrar, in case of co-operative societies, may, where it appears to him advisable, either of application or of his own motion, state a case and refer it to the State Co-operative Forum for decision, and the decision of the State Co-operative Tribunal, shall be final.(9)Save as expressly provided in this section, a decision of the Registrar under this section, and subject to the orders of the Registrar on appeal or review, a decision given in a dispute transferred or referred under clause (b) or (c) of sub-section (2) shall be final.Provided further that no dispute shall be referred under this section to the Co-operative Forum or Cooperative Tribunal, unless the disputing parties have exhausted all remedies that may be available in the bye laws for the settlement of disputes.Provided further that any appeal against a decision of a Co-operative Forum shall lie before the State Co-operative Tribunal and an appeal against the decision of the State Tribunal shall lie before the High Court within sixty days of the date of the order.
