(1) On receipt of a reference under sub-section (1) of section Settlement 95, the Registrar shall, subject to the rules,— of disputes.
(a) decide the dispute himself; or
(b) transfer the dispute for disposal to any person authorised by the State Government to exercise the powers of the Registrar in this behalf; or refer the dispute for disposal to one or more arbitrators to be appointed by the Registrar or, in the case of the cooperative societies in the Calcutta Metropolitan Area as defined in the Calcutta Metropolitan Development Authority Act, 1972, to the Court of Arbitrators constituted under section 97.
(2) Subject to the rules, the Registrar may withdraw any dispute transferred or referred under sub-section (1) and may decide it himself or transfer or refer it to any other person or arbitrator or Court of Arbitrators for disposal.
(3) The Registrar may, on the application of any party to a dispute referred to him under sub-section (1) of section 95 and on such terms as he may think fit, make such interlocutory order as he considers necessary.
(4) A person or an arbitrator or a Court of Arbitrators may, on the application of any party to the duspute transferred or referred to him or it under sub-section (1) and on such terms as he or it may think fit, make such interlocutory order as may be considered necessary for preservation of any property or right which is the subject matter of the dispute.
(5) A dispute referred to the Registrar under sub-section (1) of section 95 or transferred or referred to any person or arbitrator or arbitrators or the Court of Arbitrators, as the case may be, under sub-section (1) of section 96 shall be decided within six months from the date of receipt thereof by the Registrar.
(c) 367 Court of Arbitrators.
Force and effect of certain awards.
The West Bengal Co-operative Societies Act, 1983.
[West Ben. Act (Chapter XL—Settlement of disputes.—Sections 97, 98.— Chapter XII.—Winding up and dissolution of co-operative societies.—Section 99.)
(6) If the Registrar or the person or the arbitrator or arbitrators or the Court of Arbitrators fails to decide the dispute within the period specified in sub-section (5), he shall submit a report to his or its appointing authority stating reasons for such failure at least fifteen days before the expiry of the said period and such authority shall allow further time not exceeding six months for disposal of the dispute.
(7) In the case of a dispute relating to recovery of money, the provisions of this section shall apply notwithstanding that any party thereto is punishable for an offence under any law for the time being in force.
97. For the purpose of disposal of disputes relating to the affairs of the co-operative societies in the Calcutta Metropolitan Area, the State Government may constitute a Court of Arbitrators consisting of a Chief Arbitrator and such number of other arbitrators as may be prescribed, and the Chief Arbitrator and other arbitrators shall be appointed by the State Government from among the officers of the Department of Co-operation of that Government or from among the distinguished co-operators residing within the Calcutta Metropolitan Area.
98. Where a dispute involves property pledged as collateral security, the person deciding the dispute may make an award which shall have the same force and effect as a final mortgage decree of a civil court having jurisdiction to make such decree.
CHAPTER XII Winding up of co-operative society.
Winding up and dissolution of co-operative societies