Section 72 in Sikkim Co-Operative Societies Act, 1978
72. Disputes which may be referred to arbitration.
(1)Notwithstanding anything contained in any law for the time being in force, if any dispute touching the constitution, management or the business of a 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 committee or any officer, agent or employee of the society past or present, or(c)between the society or its committee and any past committee, any officer, agent or employee, or any past officer, past agent or past employee or the nominee, heirs or legal representatives of any deceased officer, deceased agent, or deceased employee of the society, or(d)between the society and any other society, between a society and liquidator of another society or between the liquidator of one society and the liquidator of another society, or(e)between the society and a person other than member of the society who has been granted a loan by the society or with whom the society has or had business transactions or any person claiming through such a person; or(f)between the society and a creditor of the society, such disputes shall be referred to the Registrar for decision and no court shall have jurisdiction to entertain any suit or other proceedings in respect of such dispute.(2)For the purpose of sub-section (1), the following shall be deemed to be disputes touching the constitution, management or the business of a society namely:(a)a claim by the society for any debt or demand due to it from a member or the nominee, heirs or legal representatives of a deceased member, whether such debt or demand be admitted or not;(b)a claim by a surety against the principal debtor where the society has recovered from the surety any amount in respect of any debt or demand due to it from the principal debtor as a result of the default of the principal debtor whether such debt or demand is admitted or not;(c)any dispute arising in connection with the election of any officer of a society;(d)a claim by a society against a member, past member or the nominee, heir or legal representative of a deceased member for delivery of possession to the society of land or other immovable property resumed by it for breach of the conditions of assignment or allotment of such land or other immovable property.(3)If any question arises whether a dispute referred to the Registrar under this section is or is not a dispute touching the constitution, management or the business of a society, the decision thereon of the Registrar shall be final and shall not be called in question in any court.(4)(a)Notwithstanding anything contained in any law for the time being in force providing for any period of limitation for suits and other proceedings but subject to the specific provisions made in this Act, the period of limitation within which the dispute shall be referred to the Registrar under sub-section (1) shall -(i)when the dispute relates to the recovery of any sum including interest thereon due to a society by a member thereof, be computed from the date on which such member dies or ceases to be a member of the society;(ii)save as otherwise provided in sub-clause (iii), 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 (I), be six years from the date on which the act or omission with reference to which the dispute arose, took place;(iii)when the dispute relates to a society which has been ordered to be wound up under section 75 or in respect of which an administrator has been appointed under section 39 be six years from the date of the order issued under section 75 or section 39 as the case may be;(iv)when the dispute is in respect of an election of an officer of a society other than a society referred to in sub-section (1) of section 34, be one month from the date of the declaration of the result of the election.(b)the period of limitation in the case of any other dispute except those mentioned in the foregoing clause which are required to be referred to the Registrar under the last preceding section shall be regulated by the provisions of the law for the time being in force providing for any period of limitation for suits and other proceedings, as if the dispute was a suit and the Registrar, a civil court.(c)Notwithstanding anything contained in clauses (a) and (b) 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.
