Section 38 in The Maharashtra Raw Cotton (Procurement, Processing and Marketing) Act, 1971
38. [ Disputes regarding baled cotton sold by Government to be referred to the East India Cotton Association Ltd. and its decision to be final. [Section 38 was substituted by Maharashtra 19 of 1972, Section 8.]
(1)Notwithstanding anything contained in any law for the time being in force, when ginned cotton pressed into bales is sold by or on behalf of the State Government to any person, and there is a dispute between the seller and the buyer, regarding the quality of the goods sold or regarding the price or delivery of such goods or regarding any other matter connected with the sale, the dispute, unless resolved by settlement between the parties may be referred to the East India Cotton Association Ltd. (hereinafter in this section referred to as "the Association"), by any of the parties to the dispute.(2)Where any such dispute is referred to the Association under the last preceding sub-section, it shall be deemed to be submitted to arbitration of the Association and shall be decided in accordance with the provision of its Bye-laws. The award made or decision given by the authority appointed under the Bye-laws of the Association to decide such dispute shall be communicated to the parties concerned, and they shall have a right of one or more appeals as provided in the Bye-laws of the Association.(3)The fees payable for surveys, arbitrations and appeals and the costs which may be awarded and the period of limitation for referring to arbitration and periods for filing appeals shall be in accordance with the provisions of the Bye-laws of the Association.(4)Any award made or decision given by the authority appointed to decide the dispute, subject to an appeal or appeals as provided in the Bye-laws of the Association, and where an appeal is filed, the decision of the appellate authority concerned, shall be final and binding on the parties concerned.]
