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State of Tripura - Section

Section 92 in The Tripura Co-operative Societies Act, 1974

92. Dispute.

(1)Notwithstanding anything contained in any other law for the time being in force, any dispute touching the constitution elections of the office bearers, conduct of general meetings, management of business of a society, other than a dispute regarding disciplinary action taken by a society or its committee against the paid servant of the society or of the liquidator of a society, shall be referred by any of the parties to the dispute, or by a federal society to which the society is affiliated, or by a creditor of the society, to the Registrar for decision, if both the parties thereto are one or other of the following, namely;
(a)a society, its committee, any past committee, any past or present officer, any past or present agent, any past or present servant or nominee, heir, or legal representative of any deceased officer, deceased agent or deceased servant of the society, or the liquidator of the society;
(b)a member, past member or a person claiming through a member, past member or a deceased member of a society or a society which is a member of the society;
(c)a person, other than a member of the society, who has been granted a loan by the society, or with whom the society has or had transactions under the provisions of Section 46, and any person claiming through such a person;
(d)a surety of a member, past member or a deceased member, or a person other than a member who has been granted a loan by the society under Section 46, whether such a surety is or is not a member of the society;
(e)any other society, or the liquidator of such a society.
(2)When any question arises whether for the purposes of the foregoing sub-section, a matter referred to for decision is a dispute or not, the question shall be considered by the Registrar whose decision shall be final.
(3)Save as otherwise provided under sub-section (3) of Section 95, no Court shall have jurisdiction to entertain any suit or other proceedings in respect of any dispute referred to in sub-section (1).Explanation 1. - A dispute between the liquidator of a society and the members (including past members or nominees, heirs or legal representatives of deceased members) of the same society shall not be referred to the Registrar under the provisions of sub-section (1).Explanation 2. - For the purpose of this sub-section, a dispute shall include-
(i)a claim by or against a society for any debt or demand due to it from a member or due from it to a member, past member or the nominee, heir or legal representative of a deceased member, or servant or employee whether such a debt or demand be admitted or not;
(ii)a claim by a surety for any sum or demand due to him from the principal borrower in respect of a loan by a society and recovered from the surety owing to the default of the principal borrower, whether such a sum or demand by admitted or not;
(iii)a claim by a society for any loss caused to it by a member, past member or deceased member, by any officer, past officer or deceased officer, by any agent, past agent or deceased agent, or by any servant, past servant or deceased servant, or by its committee, past or present whether such loss be admitted or not;
(iv)a refusal or failure by a member, past member or a nominee heir or legal representative of a deceased member to deliver possession to a society of land or any other assets resumed by it for breach of conditions of the assignment.