Section 49 in The Jammu and Kashmir Dissolution of Muslim Marriages Act, 1999 (1942 A.D.)
49. [ Disputes. [Pl. see 'Errata' issued on 8-3-2000.]
(1)Notwithstanding anything in any law for the time being in force, if any dispute touching the constitution, management or business of a cooperative arises],-(a)among members, past members and persons claiming through members find deceased members; or(b)between a member, past member or a person claiming through a member, past member or deceased member and the cooperative, its board, director, office-bearer, or liquidator, past or present; or(c)between the cooperative or its board and any past board, any director, office-bearer, or any past director, past office-bearer, or the nominee, heir, or legal representative of any deceased director or deceased director or deceased office-bearer of the cooperative.such dispute shall be referred to the arbitral tribunal of the cooperative.Explanation. - For the purposes of this sub-section, a dispute shall include:(i)a claim by a cooperative for any debt or other amount due to it from a member past member, the nominee, heir or legal representative of a deceased member, whether such debt or other amount be admitted or not;(ii)a claim by surety against the principal debtor where the cooperative has recovered from the surety amount in respect of any debtor or other amount due to it from the principal debtor as a result of the default of the principal debtor whether such debt or amount due be admitted or not;(iii)a claim by a cooperative against a member, past member or the nominee, heir or legal representative of a deceased member for the delivery of possession to the cooperative 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.(2)If any question arises whether a dispute referred to the arbitral tribunal under this section is a dispute touching the constitution, management or business of the cooperative, such question shall be decided by the Arbitral Tribunal.(3)The Arbitral Tribunal shall decide the dispute in accordance with the provisions of this Act and the articles of association, and such decisions shall be final. Pending final decision on-the dispute, the arbitral tribunal may make such interlocutory orders as it may deem necessary in the Interest of Justice.(4)Every order or decision made under this section, shall be executed by the Civil Court having jurisdiction, as if such order is a decree of that Court, on a certificate issued by the Arbitral Tribunal.(5)Notwithstanding anything in sub-section (4), or in any other law for the time being in force, and without prejudice to any other mode of recovery which is being taken or may be taken, an arbitral tribunal may, on the application made by the cooperative for the recovery of arrears of any sum advanced by the cooperative to any of its members, and on its functioning a statement of accounts in respect of the arrears and after making such inquiry as the tribunal deems fit, issue a certificate for the recovery of the amount stated therein to be due as arrears.(6)A certificate issued by the arbitral tribunal under sub-section (5) shall be final and conclusive proof of the arrears stated to be due and the certificate shall be executed by the chief executive in the manner specified in the articles of association.
