Section 170 in West Bengal Co-operative Societies Rules, 2011
170. Procedure for disposal of disputes.
(1) For settlement of a dispute, under sub-sections (1), (2) and (3) of section 103, the Board of Arbitrators or the forum of Arbitrators or the arbitrator, as the case may be, shall(a)fix the date, hour and place of hearing of the dispute and(b)have power to allow representation by agent, guardian or next friends.(2)The Board of Arbitrators, forum of Arbitrators or the Arbitrator, as the case may be, shall issue summons or notice, at least, 15 (fifteen) days before the date fixed for hearing of the dispute to the plaintiff and the defendant requiring them to attend with all relevant books, documents, witnesses and evidence relating to the dispute :Provided that the summons or notice which shall be served upon the defendant shall contain a copy of the plaint.(3)First and subsequent summonses or notices may be served on a party to the dispute or his agent or any, adult member of the family(a)by registered post with acknowledgement due, or(b)by affixing a copy of the summons or notice on the outer door or some other conspicuous part of the last known place of residence or business of the party, when he refuses to sign the acknowledgement or he cannot be traced out even after adequate search.(4)Service of summon or notice on the Chairman, the Secretary or the Chief Executive of the Co-operative Society by whatever designation known, shall be regarded as service on the Co-operative.(5)Where the serving officer delivers or tenders a copy of the summons or notice personally to the addressee or to an agent or other person on his behalf, he shall require the signature of the person to whom the copy is so delivered or tendered, endorsed on the original summons or notice as an acknowledgement of service.(6)The serving officer shall, in all cases in which the summons or notice has been served under clause (b) of sub-rule (3), cause to be endorsed on, or annexed to, the original summons or notice, return stating the time when and the manner in which the summons or notice, was served, and the name, signature and address of the person, if any, identifying the person concerned and witnessing the delivery or tender of the summons or notice.(7)The sufficiency of proof of service of the summons or notice shall be decided by the person who issued the same.(8)(a)After summons or notice has been duly served, if on the date of hearing the plaintiff is absent, the case shall be dismissed for default and if the defendant is absent, the case may be decided ex parte.(b)Where both the parties are present, the case shall proceed and the defendant shall submit on the first date of hearing a written statement alongwith copies of documents to be relied upon. A copy of the written statement shall be served upon the plaintiff on or before the date of appearance and hearing.(9)Each party may inspect the documents of the other party for verification with the original,(10)The Board of Arbitrators or forum of Arbitrators or the Arbitrator as the case may be, may, at any time, during pendency of the dispute, order the production by any party of such of the documents in his possession or power relating to any matter in question in such dispute.(11)The Board of Arbitrators or forum of Arbitrators or the Arbitrator, as the case may be, may permit to call, either by summoning or otherwise, any witness to give evidence or produce documents. A party may cross-examine witnesses of the other party :Provided that the Board of Arbitrators or forum of Arbitrators or Arbitrators shall also have power to recall any witness to give further evidence or to produce any specific documents.(12)The Board of Arbitrators or Forum of Arbitrators or the Arbitrator, as the case may be, may invite any technical expert or any Audit officer to give opinion on any technical matter.(13)Where an Arbitrator, due to transfer, retirement or other cause is prevented to conclude the settlement of a dispute, the Successor-Arbitrator may deal with the case from the stage at which his predecessor left it.(14)The Board of Arbitrators or Forum of Arbitrators or the Arbitrator, as the case may be, shall give the parties to the diSpute due opportunity of hearing and shall make a memorandum of the statements of parties who attend and such witnesses as are examined and cross examined and such opinion of the technical experts and record the proceeding in writing.
