Act Info:
(1) Notwithstanding anything contained in any law for the time being in force, if any dispute, touching the constitution, management or the business of aCo-operative or the Federal Co-operative 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 theCo-operative or the Federal Co-operative, its board or any office bearer, agent or employee of theCo-operative or the Federal Co-operative; or
(c) between theCo-operative or the Federal Co-operative or its board and any past board, any office bearer, agent or employee, or any past office bearer, past agent or past employee, or the nominee, heirs or legal representatives of any deceased office bearer, deceased agent, or deceased employee of theCo-operative or the Federal Co-operative; or
(d) between theCo-operative or the Federal Co-operative and any other Co-operative or a credit agency,
such dispute shall be referred to the Registrar for decision 1 [xxx]
(2) For the purposes of subsection (1), the following shall be deemed to be disputes touching the constitution, management or the business of aCo-operative or Federal Co-operative, namely:-
(a) a claim by theCo-operative or the Federal Co-operative for any debt or demand due to it from a member or the nominee, heirs or legal representatives of a deceased member, whether such debt or demand be admitted or not;
(b) a claim by a surety against the principal debtor where theCo-operative or the Federal Co-operative has recovered from the surety any amount in respect of any debt or demand due to it from the principal debtor, as a result of the default of the principal debtor whether such debt or demand be admitted or not;
(c) any dispute arising in connection with the election of a President or Chairperson,Vice-President or Vice Chairperson or director of the Co-operative or the FederalCo-operative.
(d) any dispute between aCo-operative or Federal Co-operative and its employees or past employees or heirs or legal representatives of a deceased employee, including a dispute regarding the terms of employment, working conditions and disciplinary action taken by aCo-operative or Federal Co-operative, notwithstanding anything contained in the Industrial Disputes Act, 1947 (Central Act 14 of 1947);
(e) a claim by aCo-operative or Federal Co-operative for any deficiency caused in the assets of theCo-operative or Federal Co-operative by a member, past member, deceased member or deceased office bearer, past agent or deceased agent or by any servant, past servant or deceased servant or by its board, past or present whether such loss be admitted or not.
(3) If any question arises whether a dispute referred to the Registrar under this section is a dispute touching the constitution, management or the business of aCo-operative or the Federal Co-operative, the decision of the Registrar thereon shall be final and shall not be called in question in any court.
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1. Omitted by Act 21 of 2004 w.e.f. 31.3.2004.
Section 39 - Disputes which may be referred to the Registrar for decision
(1) Notwithstanding anything contained in any law for the time being in force, if any dispute, touching the constitution, management or the business of aCo-operative or the Federal Co-operative 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 theCo-operative or the Federal Co-operative, its board or any office bearer, agent or employee of theCo-operative or the Federal Co-operative; or
(c) between theCo-operative or the Federal Co-operative or its board and any past board, any office bearer, agent or employee, or any past office bearer, past agent or past employee, or the nominee, heirs or legal representatives of any deceased office bearer, deceased agent, or deceased employee of theCo-operative or the Federal Co-operative; or
(d) between theCo-operative or the Federal Co-operative and any other Co-operative or a credit agency,
such dispute shall be referred to the Registrar for decision 1 [xxx]
(2) For the purposes of subsection (1), the following shall be deemed to be disputes touching the constitution, management or the business of aCo-operative or Federal Co-operative, namely:-
(a) a claim by theCo-operative or the Federal Co-operative for any debt or demand due to it from a member or the nominee, heirs or legal representatives of a deceased member, whether such debt or demand be admitted or not;
(b) a claim by a surety against the principal debtor where theCo-operative or the Federal Co-operative has recovered from the surety any amount in respect of any debt or demand due to it from the principal debtor, as a result of the default of the principal debtor whether such debt or demand be admitted or not;
(c) any dispute arising in connection with the election of a President or Chairperson,Vice-President or Vice Chairperson or director of the Co-operative or the FederalCo-operative.
(d) any dispute between aCo-operative or Federal Co-operative and its employees or past employees or heirs or legal representatives of a deceased employee, including a dispute regarding the terms of employment, working conditions and disciplinary action taken by aCo-operative or Federal Co-operative, notwithstanding anything contained in the Industrial Disputes Act, 1947 (Central Act 14 of 1947);
(e) a claim by aCo-operative or Federal Co-operative for any deficiency caused in the assets of theCo-operative or Federal Co-operative by a member, past member, deceased member or deceased office bearer, past agent or deceased agent or by any servant, past servant or deceased servant or by its board, past or present whether such loss be admitted or not.
(3) If any question arises whether a dispute referred to the Registrar under this section is a dispute touching the constitution, management or the business of aCo-operative or the Federal Co-operative, the decision of the Registrar thereon shall be final and shall not be called in question in any court.
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1. Omitted by Act 21 of 2004 w.e.f. 31.3.2004.
Section 40 - Period of limitation
(1) No dispute under section 39 shall be entertained unless it is referred to the Registrar within six years from the date of the cause of action:
Provided that a dispute relating to the election of a Director, President or Chairperson, Vice--President or Vice--Chairperson, or other Office Bearers of the Board shall be referred to the Registrar within thirty days from the date of declaration of the result of the election.
(2) Notwithstanding anything contained in sub--section (1), the Registrar may entertain a dispute referred after the period specified in sub--section (1) if he is satisfied that the person making the reference had sufficient cause for not making the reference within that period.
Section 41 - Disposal of disputes
(1) The Registrar may, on receipt of the reference of a dispute under section 39,--
(a) decide the dispute himself; or
(b) transfer it for disposal to any person who has been vested by the Government with powers in that behalf; or
(c) refer it for disposal to an Arbitrator appointed by the Registrar.
(2) The Registrar may withdraw any reference transferred under clause (b) of sub--section (1) or referred under clause (c) of that sub--section and decide it himself.
(3) The Registrar or any other person to whom a dispute is referred for decision under this section may, pending the decision of the dispute, make such interlocutory orders as he may deem necessary in the interest of justice.
(4) When a dispute is referred to an arbitrator under clause (c) of subsection (1), the award shall, subject to such rules as may be prescribed, include the fee payable to the arbitrator and the fees and expenses payable to the Registrar. Such an award shall not be invalid merely on the ground that it was made after the expiry of the period fixed for deciding the dispute by the Registrar and shall, subject to appeal be binding on the parties to the dispute.
(5) Notwithstanding anything contained in section 39, when any dispute under clause (a) or (b) of subsection (1) of the said section is referred for decision to the Registrar, and the Registrar is satisfied on an application by the Co--operative concerned or the Federal Co--operative that in the interest of the Co--operative or the Federal Co--operative it is necessary for an effective decision of the dispute to implead persons who cannot be made parties to the dispute in proceedings before him, he may permit the Co--operative or the Federal Co--operative to institute a regular suit in a Civil Court having jurisdiction and the Civil Court shall be competent to entertain such suit.
Section 42 - Bar of jurisdiction of courts
(1) Save as provided in this Act, no civil or labour or revenue court or industrial tribunal shall have any jurisdiction in respect of,--
(a) the registration of a Co--operative or Federal Co--operative or bye--laws or amendment of bye--laws;
(b) the removal of a Board or a director thereof;
(c) any dispute required under section 39 to be referred to the Registrar;
(d) any matter concerning the winding up and the dissolution of a Co--operative.
(2) While a Co--operative is being wound up, no suit or other legal proceedings relating to the business of such Co--operative shall be proceeded with or instituted against the Liquidator as such or against the Co--operative or any member thereof, except by leave of the Registrar or the Federal Co--operative and subject to such terms as he or it may impose.
(3) Save as provided in this Act, no order or decision or award made under this Act, shall be questioned in any court on any ground whatsoever.
Section 43 - Execution of orders, etc
(1) Every decision or award made under section 41, every order made by the liquidator under section 50, and every order made by the Karnataka Co--operative Appellate Tribunal under section 46 and every order made under subsection (8) of section 11, shall subject to any other provisions of this Act, be binding on the person or Co--operative or the Federal Co--operative against whom the order, decision or award has been obtained or passed and shall, if not carried out,--
(a) on a certificate signed by the Registrar or any person authorised by him in this behalf be deemed to be a decree of a Civil Court and shall be executed in the same manner as a decree of such court; or
(b) be executed according to the law and under the rules for the time being in force for the recovery as arrears of land revenue:
Provided that an application for the recovery of any sum under this clause shall be made to the Deputy Commissioner, accompanied by a certificate signed by the Registrar or by any person authorised by him in this behalf within twelve years from the date fixed in the order, decision or award and if no such date is fixed, from the date of the order, decision or award, as the case may be.
(c) be executed by the Registrar or any other person subordinate to him empowered by the Registrar in this behalf (hereinafter in this section referred to as authorised person) by the attachment and sale or sale without attachment of any property of the person or a Co--operative or the Federal Co--operative against whom the order, decision or award has been obtained or passed.
(2) (a) Notwithstanding anything contained in this Act, every question relating to the execution, discharge or satisfaction of an order, decision or award referred to in sub--section (1) or relating to the confirmation or setting aside of a sale held in an execution of such order, decision or award in pursuance of clause (c) of subsection (1) or relating to any claim or objection to an attachment of any property made under section 44 or in execution in pursuance of the said clause (c) shall be determined, by an order of the Registrar or the authorised person before whom such question arises.
(b)(i) Where any claim is preferred against or any objection is made to the attachment of any property made under section 44 or in execution in pursuance of clause (c) of sub--section (1) of this section on the ground that the said property is not liable to such attachment, the Registrar or the authorised person shall proceed to investigate the claim or objection:
Provided that where the Registrar or the authorised person considers that the claim or objection was designedly or unnecessarily delayed, he shall make an order refusing such investigation.
(ii) Where upon the said investigation, the Registrar or the authorised person is satisfied that for the reason stated in the claim or objection such property was not, at the date of the attachment, in the possession of the person or Co--operative or the Federal Co--operative against whom the order, decision or award has been obtained or passed (hereinafter in this section referred to as the judgment debtor) or of some person in trust for the judgement--debtor or in the occupancy of a tenant or other person paying rent to the judgement--debtor or that being in the possession of the judgement--debtor at the said date, it was so in his possession, not in his own account or as his own property, but on account of or in trust for some other persons, or partly on his own account and partly on account of some other person, the Registrar or the authorised person shall make an order, releasing the property wholly or to such extent as he thinks fit, from attachment.
(iii) Where the Registrar or the authorised person is satisfied that the property was on the said date, in the possession of the judgement--debtor as his own property and not on account of any other person or was in the occupancy of a tenant or other person paying rent to him, the Registrar or the authorised person shall disallow the claim.
(iv) Where a claim or an objection is preferred, the party against whom an order is made, may within a period of one year from the date of such order, institute a suit in a civil court to establish the right which he claims to the property in dispute; but subject to the result of such suit, if any, the order of the Registrar or the authorised person shall be conclusive.
Section 44 - Attachment of property before award or order
(1) If the Registrar is satisfied on an application, report, enquiry or otherwise, that any person with intent to delay or obstruct the enforcement of any order, decision or award that may be made against him under the provisions of this Act,--
(a) is about to dispose of the whole or any part of his property; or
(b) is about to remove the whole or any part of his property from the jurisdiction of the Registrar, the arbitrator or Liquidator, as the case may be,
he may, unless adequate security is furnished, direct the attachment of the said property and such attachment shall have the same effect as if made by a competent civil court.
(2) Where the Registrar directs attachment of the property under sub--section (1), he shall issue a notice calling upon the person whose property is so attached, to furnish security he thinks adequate within a specified period and if the person fails to provide the security so demanded, the Registrar may confirm the order and after the decision in the dispute or the completion of the proceedings referred to in the foregoing sub--section may direct the disposal of the property so attached towards the claim if awarded.
(3) Attachment made under this section shall not affect the rights, subsisting prior to the attachment of the property, of persons, not parties to the proceedings in connection with which the attachment is made, or bar any person holding a decree against the person whose property is so attached from applying for the sale of the property under attachment in execution of such decree.
Section 45 - Procedure for settlement of disputes and power of the Registrar or any other person to whom a dispute is referred for decision
(1) The Registrar or any other person to whom a dispute is referred for decision under section 39, or hearing a dispute under section 41 shall hear the dispute in the manner prescribed, and shall have power to summon and enforce attendance of witnesses including the parties interested or any of them and to compel them to give evidence on oath, affirmation or affidavit, and to compel the production of documents by the same means and as far as possible in the same manner, as is provided in the case of a Civil Court by the Code of Civil Procedure, 1908.
(2) Except with the permission of the Registrar or any other person deciding a dispute, as the case may be, no party shall be represented at the hearing of a dispute by a legal practitioner.
(3)(a) If the Registrar or any other person to whom a dispute is referred is satisfied that a person, whether he be a member of the Co--operative or the Federal Co--operative or not, has acquired any interest in the property of a person who is a party to a dispute he may order that the person who has acquired the interest in the property may join as a party to the dispute and any decision that may be passed on the reference by the Registrar or his nominee or any other person shall be binding on the party so joined, in the same manner as if he were an original party to the dispute.
(b) Where a dispute has been instituted in the name of the wrong person, or where all the defendants have not been included, the Registrar or any other person to whom a dispute is referred for decision under section 41 may, at any stage of the hearing of the dispute, if satisfied that the mistake was bona fide, order any other person to be substituted or added as a plaintiff or a defendant, upon such terms as he thinks just.
(c) The Registrar or any other person to whom a dispute is referred for decision under section 41, may, at any stage of the proceedings, either upon or without the application of any party, and on such terms as may appear to the Registrar, or any other person deciding a dispute, as the case may be, to be just, order that the name of any party improperly joined whether as plaintiff or defendant, be struck out, and that the name of any person who ought to have been joined whether as plaintiff or defendant or whose presence before the Registrar, or any other person deciding a dispute under section 41, as the case may be, may be necessary in order to enable the Registrar or such person effectually and completely to adjudicate upon and settle all the questions involved in the dispute, be added.
(d) Any person who is a party to the dispute and entitled to more than one relief in respect of the same cause of action may claim all or any of such reliefs but if he omits to claim for all such reliefs, he shall not make a claim for any relief so omitted, except with the leave of the Registrar or any other person to whom a dispute is referred for decision under section 41.
(4) Every order, decision or award made or given by the Registrar, or any officer or other person or a liquidator, under this Act, shall be pronounced on the day on which the case is finally heard or on some future day of which due notice shall be given to the parties.
Section 47 - Appeal
An appeal against the decision or award made under section 41, shall lie before the Karnataka Co--operative Appellate Tribunal constituted under section 2B of the Karnataka Co--operative Societies Act, 1959.