1. Arbitration and Procedures

2. Default (rule 2 (d)) Means failure on the part of any person, to repay to the financing bank or to any other society a loan or any other amount due to it within the time fixed for payment or to return to the society within the time fixed the finished goods in respect of raw materials advanced or to keep any other obligation for the fulfillment of which a time limit has been specified in the bye laws

3. Arbitration Procedures 1.Secretary shall file complaint with registrar – 4 copies of petition is required accompanied by – A list of relevant records on which dispute is based – Chelan to evidence the payment of fee Monitory disputes: minimum Rs 10 maximum Rs 500 Non monitory disputes: minimum Rs 50 maximum Rs 500 2.A certified copy of resolution by the committee 3.Registrar shall assign a file no. or receipt of application and refers it for disposal to an arbitrator 4.Arbitrator shall post the case and serve summons on the defendants together with the copy of complaint

4. 5.Administer oaths- to require the attendance of all parties, witnesses, and to require the production of all books and documents relating to the matter of dispute 6.After giving reasonable opportunity to produce evidence to both parties, arbitrator may dispose the case 7.Arbitrator shall forward the action taken details to registrar in duplicate 8.The registrar shall issue the decision under his seal to the plaintiff society by post after keeping one copy in file and the same shall be kept in for a period of 12 years.

5. Cooperative Arbitration court Constituted by the government as per section 70 of Cooperative Societies Act Powers – Summoning any defendant or witness – Discovery and production of any document or materials – Reception of evidence on affidavits – Appointing commission for examination

6. Cooperative Tribunal (Sec. 81) Head quarter – trivandrum Constitution 3 members – one shall be practicing advocate for the last 10 years - a person as chairman - One officer from the cooperative department as secretary Terms and conditions fixed by the government Functions a bench consisting of all members a bench consisting of two members a bench consisting of chairman and other member (if office of one member other than chairman is vacant)

7. Functions if in an appeal or application – the bench consisting of two members having difference of opinion- 3 member bench shall deicide if in an appeal or application – the bench consisting of three members having difference of opinion- majority opinion shall be considered. the government shall make rules for regulating the procedure and disposal of the business of the tribunal

8. Cooperative Tribunal PowersAppealRevisionReview

9. Appeal (sec. 83) Filing a petition or representation by the aggrieved. Shall be submitted in form no 15 – 4 copies Treasury receipt evidencing the payment of fee

10. Revision (sec. 84) The tribunal may call for and examine the records of any proceedings of an appeal It is for satisfying itself as to the legality or propriety of any decision or For modification of the decision

11. Review (Sec. 85) Filed in form 16 in duplicate accompanied by – Two copies of original order or decision – Treasury receipt evidencing the payment of fee Tribunal may review the order of registrar or its own order The application of review shall be submitted within 90 days from the date of communication of the order of tribunal.

12. Offences and Penalties (Sec. 94) Penalty – legal punishment for violation of provisions of the Act. No person other than a society shall trade or carry on business under any name with the word cooperative or it equivalent

13. Offences and Penalties (Sec. 94) – Shall be punished with fine Rs. 2000 – the committee or officer willfully making false information of fails to make records available for audit- fine RS. 5000 – Any employer or officer fails to deduct any amount as per agreement within a period of 7 days from the due date – Any employer or officer fails to remit share money collected from proposed society to state or district cooperative bank within 14 days of receipt.- Rs. 5000 – Any officer misappropriate or illegally keep money belonging to the society- Rs 1000

14. Cognizance of offence (sec 95) No court inferior to that of a magistrate of a first class shall try any offence under this act and no procecussion shall be instituted under this act without the previous sanction of the registrar. Provided no such sanction is required for offences under sec. 94.