Section 83 — AKTA KOPERASI 1993

(2)

A tribunal established under subsection (1) shall hear and determine any dispute within the meaning of subsections 82(1) and 82(2) which is referred to it under this section.

(3)

The Minister may make such regulations, which are not inconsistent with the provisions of this Act, as may be necessary or expedient for the purpose of enabling the tribunal to carry out its functions, and in particular, without prejudice to the generality of the foregoing power, such regulations may provide for the constitution, officers and proceedings of the tribunal.

(4)

Upon the establishment of a tribunal under subsection (1), all disputes within the meaning of subsections 82(1) and 82(2)—

(a)

arising after such establishment; or

(b)

which, before such establishment, have been referred to the Registrar-General under subsection 82(1) but in respect of which—

(i)

no step has been taken or no proceedings have been commenced by the Registrar-General for their disposal under paragraph 82(3) (a); or

Co-operative Societies

(ii)

no decision has been made by the Registrar-General to refer them to an arbitrator or arbitrators for disposal under paragraph 82(3)(b) or to require the parties concerned to refer them to a court under paragraph 82(3)(c), shall be referred to such tribunal.

(5)

A tribunal established under subsection (1) may—

(a)

procure and receive all such evidence, whether written or oral, and examine all such persons as witness as the tribunal may think it necessary to procure or examine;

(b)

require the evidence of any witness to be made on oath or affirmation, (and may for those purposes administer any oath or affirmation) or by statutory declaration;

(c)

summon any person to attend any meeting of the tribunal to give evidence or produce any document or other thing in his possession and examine him as a witness or require him to produce any document or other thing in his possession;

(d)

hear and determine the dispute referred to it notwithstanding the absence of any party to the dispute who has been served with a summons or notice to appear;

(e)

notwithstanding any written law relating to evidence, admit any evidence, whether written or oral, which might be inadmissible in civil or criminal proceedings; and

(f)

conduct its proceedings or any part thereof in private.

(6)

The award of a tribunal shall be binding upon the parties and 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 award had been a judgement of such Sessions Court.

(CA) (7) Any party aggrieved by the award of a tribunal may appeal therefrom to the High Court in accordance with the provisions of the rules of court applicable thereto.

(8)

Notwithstanding the establishment of a tribunal under subsection (1), the Registrar-General before whom a dispute is pending under paragraph 82(3)(a) or any arbitrator or arbitrators to whom a dispute has been referred under paragraph 82(3)(b) shall continue to deal with such dispute under those paragraphs, and subsections 82(4), 82(6) and 82(7) shall continue to apply to the decision of the Registrar-General or the award of such arbitrator or arbitrators, as the case may be.

(9)

Subsections 82(3), 82(4), 82(5), 82(6), 82(7) and 82(8) shall not apply to any dispute referred to a tribunal under this section.

(10)

Any reference in this Act to a decision of the Registrar-General or an award of an arbitrator or arbitrators shall, in respect of disputes determined by a tribunal under this section, be construed as a reference to an award of such tribunal.