Section 82
Settlement of disputes
of Co-Operative Societies Act 1993
If a dispute touching the constitution, by-laws, election of officers, conduct of general meetings, management or business of a co-operative society arises—
(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
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the co-operative society, its Board, or any officer of the co-operative society;
(c)
between the co-operative society or its Board and any officer of the co-operative society; or
(d)
between the co-operative society and any other co-operative society, such dispute shall be referred to the
Commission for decision.
(2)
A claim by a co-operative 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 co-operative society within the meaning of subsection (1).
(3)
The Commission may, on receipt of a reference under subsection (1)—
(a)
decide the dispute by itself;
(b)
refer the dispute to an arbitrator or arbitrators for disposal;
(ba) refer the dispute to the tribunal established under section 83; 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 Commission 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 Commission 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 Commission under subsection (4)
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or if such appeal is withdrawn or abandoned, be final and shall not be called in question in any civil court.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 Commission 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 co-operative society is situated in the same manner as if the decision or award had been a judgment 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.