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Section 38

5. The Laccadive, Minicoy and Amindivi Islands Co-operative Societies Regulation, 1960.Regulations · 1960

(1) If any dispute touching the business of a registered society (other than a dispute regarding disciplinary action taken by the society or its committee against a paid servant of the society) arises—

(a) among members, past members and persons claiming through members, past members and deceased members, or

(b) between a member, past member or person claiming through a member, past member or deceased member and the society, its committee or any officer, agent or servant of the society, or

(c) between the society or its committee and any past committee, any officer, agent or servant, or any past officer, past agent or past servant, or the nominee, heirs or legal representatives of any deceased officer, deceased agent or deceased servant, of the society, or

(d) between the society and any other registered society, such dispute shall be referred to the Registrar for decision.

Explanation.—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, whether such debt or demand be admitted or not, is a dispute touching the business of the society within the meaning of this sub-section.

Disputes* 658 TEE GAZE1TE OF INDIA EXTRAORDINARY [PART H

(2) The Registrar may, on receipt of such reference,—

(a) decide the dispute himself, or

(b) transfer it for disposal to any person who has been invested by the Administrator with powers in that behalf, or

(c) subject to such rules as may be prescribed, refer it for disposal to an arbitrator or arbitrators.

(3) Subject to such rules as may be prescribed, the Registrar may withdraw any reference transferred under clause (b) of sub-section

(2) or referred under clause (c) of that sub-section and decide it himself.

(4) The Registrar may, of his own motion or on the application of a party to a reference, revise any decision thereon by the person to whom such reference was transferred or by the arbitrator or abitrators to whom it was referred:

Provided that no order prejudicial to any person shall be made under this sub-section unless that person has been given a reasonable opportunity of being heard.

(5) (a) Any decision of the Registrar under clause (a) of sub-section (2) or under sub-section (4) shall be final and shall not be called in question in any civil or revenue court.

(b) Any decision that may be made by the person to whom a reference is transferred or by the arbitrator or arbitrators to whom it is referred shall, save as otherwise provided in sub-section (4), be final and shall not be called in question in any civil or revenue court.

Enforcement of charge.

CHAPTER XI EXECUTION OF AWARDS, DECREES, ORDERS AND DECISIONS

Where this provision sits

Act5. The Laccadive, Minicoy and Amindivi Islands Co-operative Societies Regulation, 1960.
Section38
StatusIn force as published by the source

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