Section 90 in The Tamil Nadu Co-Operative Societies Act, 1983
90. Disputes.
(1)If any dispute touching the constitution of the board or the management or the business of a registered society (other than a dispute regarding disciplinary action taken by the competent authority constituted under subsection (3) of section 75 or the Registrar or the society or its board against a paid servant of the society) arises- -(a)among members, past members and persons claiming through members, past members and deceased members, or(b)between a member, past member or person claiming through a member, past member or deceased member and the society, its board or any officer, agent or servant of the society, or(c)between the society or its board and any past board, any officer, agent or servant, or any past officer, past agent or past servant, or the nominee, heirs or legal representatives of any deceased officer, deceased agent, or deceased servant of the society, or(d)between the society and any other registered society, such dispute shall be referred to the Registrar for decision.Explanation. - For the purposes of this sect ion, a dispute shall include -(i)a claim by a registered society for any debt or demand due to it from a member, past member or the nominee, heir or legal representative of a deceased member whether such debt or demand be admitted or not;(ii)a claim by a registered society against a member, past member or the nominee, heir or legal representative of a deceased member for the delivery of possession to the society of land or other immovable property resumed by it for breach of the conditions to assignment or allotment of such land or other immovable property; and(iii)a decision by the board under sub-section (3) of section 34:Provided that no dispute relating to, or in connection with, any election shall be referred under this sub-section till the date of the declaration of the result of such election.(2)The Registrar may, on receipt of such reference,-(a)decide the dispute himself or transfer it for disposal to any person subordinate to, and empowered by, him; or(b)subject to such Rules as may be prescribed, refer it for disposal to an Arbitrator or Arbitrators.(3)Subject to such Rules as may be prescribed, the Registrar may withdraw any dispute referred under sub-section (1) to any person subordinate to him or transferred under clause (a) or referred under clause (b) of sub-section (2) by the Registrar or any person subordinate to him and -(a)decide the dispute himself; or(b)transfer it for disposal to any person subordinate to, and empowered by, him; or(c)refer it for disposal to an Arbitrator or Arbitrators; or(d)re-transfer the same for disposal to the person from whom it was withdrawn; or(e)refer it for disposal to the Arbitrator or Arbitrators from whom it was withdrawn.(4)If a question arises, whether for the purposes of this section, any person is or was a member of a registered society, or whether the dispute referred for decision is a dispute touching tire constitution of the board, or the management or the business of the society, such question shall be decided by the Registrar.(5)Where any dispute referred to the Registrar under sub-section (1) or withdrawn by him under sub-section (3) relates to immovable property, the Registrar or the person or the Arbitrator or Arbitrators to whom it is transferred, referred or re-transferred under sub-section (2) or sub-section (3) may, on the application of a party to the dispute direct that any person who is interested in such property, whether such person be a member or not, be included as a party to the dispute and any decision that may be passed on the reference, by the Registrar, the person, the Arbitrator or Arbitrators aforesaid, as the case may be, shall be binding on the party so included, provided that he shall be liable only to the extent of such property.(6)The Registrar may pass such interlocutory orders as he may deem fit in the interests of justice.(7)Nothing contained in the [Arbitration Act, 1940 (Central Act X of 1940)] [Now, the Arbitration and Conciliation Act, 1996 (Central Act 26 of 1997).] shall apply to any arbitration under this section.(8)Nothing contained in section 34 of the Code of Civil Procedure, 1908 (Central Act V of 1908) shall apply to any decision passed or award made under this section.(9)(a)The period of limitation for referring a dispute under this section shall be regulated by the provisions of the Limitation Act, 1963 (Central Act 36 of 1963) as if the disputes were a suit and the Registrar, a Civil Court, subject to the following modifications, namely:-(i)when the dispute relates to a society in respect of which a special officer has been appointed under section 88 or to a society which has been ordered to be wound up under section 137, the period of limitation shall he six years from the date of the order issued under section 88 or section 137, as the case may be;(ii)save as otherwise provided in clause (i), when the dispute relates to any act or omission on the part of any of the parties referred to in clause (b) or clause (c) of sub-section (1), the period of limitation shall be six years from the dale on which the actor omission with reference to which the dispute arose, took place;(iii)when the dispute is in respect of, or in connection with, any election, the period of limitation shall be two months from the date of declaration of the result of the election.(b)Notwithstanding any thing contained in clause (a), the Registrar may admit a dispute after the expiry of the period of limitation if the applicant satisfies the Registrar that he had sufficient cause for not referring the dispute within such period and the dispute so admitted shall be a dispute which shall not be barred on the ground that the period of limitation has expired.
