Section 88 in The Assam Co-operative Societies Rules, 1953
88. Procedure of disposal or dispute.
(1)In such proceeding the Registrar or his nominee or the arbitrator appointed under sub-section (1)(b) of Section 64 shall fix the date, hour and the place of the hearing of the dispute and issue notices to the parties concerned in form as set forth in the Schedule. The arbitrator shall have power to appoint or remove guardians and next friends.(2)The arbitrator may issue summons or notices at least fifteen days before the date fixed for the hearing of the dispute requiring-(i)the attendance of the parties concerned and of witnesses;(ii)the production of all books and documents relating to the matter in dispute; and(iii)shall have the power to administer oaths of all parties concerned.(3)Summons or notices may be served by-(i)personal service through the Chairman or the Secretary or a member of the staff of the society or any of the disputes; or(ii)registered post with acknowledgement due; or(iii)affixing a copy of the summons or notice at the last known place of residence or business of the person concerned through any office bearer or employee of the society, when he refuses to accept the notice and sign the acknowledgement or he cannot be found.(4)Service of summons or notice on the Chairman the Secretary or the principal executive officer by whatever designation known shall be regarded as service on that society.(5)Where the serving officer delivers or tenders a copy of the summons personally to the person summoned or to an agent or any other person on his behalf, he shall require the signature of the person to whom the copy is so delivered or tendered to an acknowledgement of service endorsed on the original summons.(6)The serving officer in all cases in which the summons has been served under Clauses (i) and (iii) if sub-rule (3), cause to be endorsed on, or annexed to, the original summons a return stating the time when and the manner in which the summons was served and the name and address of the person,, if any, identifying the persons concerned and witnessing the delivery or tender of the summons.(7)The sufficiency of proof of service of summons or notice shall be decided by the authority issuing the same.(8)In the case of absence of any party to the suit duly summoned, the dispute may be decided ex parte.(9)In these proceedings neither party shall be represented by any legal practitioner.
