Section 68 in The Orissa Co-operative Societies Act, 1962
68. Disputes which may be referred to arbitration.
- [(1) Notwithstanding anything contained in any other law for the time being in force, any dispute touching the constitution, management or the business of a Society, other than a dispute required to be referred to the Tribunal and a dispute required to be adjudicated under the Industrial Disputes Act, 1947, [and a dispute relating to non-payment of contribution to the Co-operative Education Fund referred to in Sub-section (3) of Section 56] [Substituted by Orissa Act 28 of 1991, Section 38 (a) dated 31.12.1991,w.e.f. 1.5.1993.] shall be referred to the Registrar if the parties thereto are among the following, namely :(a)the Society, its Committee, past Committee, any past or present Officer or office-bearer, any past or present agent, any past or present servant or the nominee, legal heir or representative of any deceased Officer, office-bearer, deceased agent or deceased servant of the Society; or(b)a member, past member, or a person claiming through a member, past member or deceased member of the Society, or of a Society which is a member of the Society; or(c)a surety of a member, past member or a deceased member, whether such surety is or is not a member of the Society; or(d)any other Society.Explanation I - A claim in respect of any sum payable to or by a Society, by or to a person or Society mentioned in Clauses (a) to (d) shall be a dispute touching the business of the Society within the meaning of this section, even in case such claim is admitted and the only points at issue are the ability to pay and the manner of enforcement of payment.Explanation II - A claim by a Financing Bank against a member of a Society which is a member of the Financing Bank and indebted to it for the recovery of dues payable by such member to the Society shall be a dispute touching the business of the Financing Bank within the meaning of this Section.Explanation III - The question whether a person is or was a member of a Society or not shall be a dispute within the meaning of this section.Explanation IV - A claim by a surety for any sum or payment due to him from the principal borrower in respect of a loan advanced by a Society shall be a dispute within the meaning of this Section.Explanation V - The question whether a person or any one of his family members is carrying on any business prejudicial to the business or interests of the Society, or whether such family member has common economic interest with such person shall be a dispute within the meaning of this Section.] [Substituted by Orissa Act No. 28 of 1991, Section 36 dated 31.12.1991, w.e.f. 30.12.1993.](2)Any person, Society, [or Financing Bank] [Substituted by Orissa Act 28 of 1991, Section 38 (b) dated 31.12.1991, w.e.f. 1.5.1993.] referring a dispute to the Registrar under Sub-Section (1) shall deposit in advance such fees as may be prescribed.(3)No dispute referred to in this section shall be entertained in any Civil Court and decision of the Registrar in this respect shall, subject to the provisions of Section 70, be final.(4)If any question arises whether a dispute referred to the Registrar under this section is a dispute touching the constitution, management or the business of a Society, the decision thereon of the Registrar shall be final and shall not be called in question in any Court.(5)Nothing in this section shall, where the disputes relate to the recovery of the dues of any Society from any of its member be construed to debar any Financing Bank of such Society from referring such dispute to the Registrar.
