Malaysia legislation

Section 82

of CO-OPERATIVE SOCIETIES ACT 1993

Section 82

(a)

among members, past members and persons claiming through members, past members and deceased members;

(b)

between a member, past member, or person claiming through a member, past member or deceased member, and the society, its Board, or any officer of the society;

(c)

between the society or its Board and any officer of the society; or

(d)

between the society and any other registered society, such dispute shall be referred to the Registrar-General for decision.

(2)

A claim by a registered society for any debt or demand due to it from a member, past member or the nominee, heir or legal representative of a deceased member shall be deemed to be a dispute touching the business of the society within the meaning of subsection (1).

(3)

The Registrar-General may, on receipt of a reference under subsection (1)—

(a)

decide the dispute himself;

(b)

refer the dispute to an arbitrator or arbitrators for disposal; or

(c)

require the parties concerned to refer the dispute to a court.

(4)

Any party aggrieved by the award of the arbitrator or arbitrators may appeal therefrom to the Registrar-General within two months from the date of the award and in such manner as may be prescribed in the regulations.

(5)

The decision of the Registrar-General shall be final and shall not be called in question in any civil court.

(6)

The award of the arbitrator or arbitrators under subsection (3) shall, if no appeal is preferred to the Registrar-General under subsection (4) or if such appeal is withdrawn or abandoned, be final and shall not be called in question in any civil court.

(7)

The decision of the Registrar-General or the award of the arbitrator or arbitrators which, by virtue of subsections (5) and (6), is final shall be enforced by the

Sessions Court having jurisdiction over the place where the registered office of the society is situated in the same manner as if the decision or award had been a judgement of such Sessions Court.

(8)

Any party aggrieved by the decision of the court on any dispute referred to it under paragraph (3)(c) may appeal therefrom in accordance with the provisions of the rules of court applicable thereto.

Tribunal.

Section 82 — AKTA KOPERASI 1993 | mylaw.my