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Monday 17 October 2022

Section 92 of MCS ACT 1960 : Limitation

92.Limitation

(1) Notwithstanding anything contained in 1[the Limitation Act, 1963], but subject to the specific provisions made in this Act, the period of limitation in the case of a dispute 2[ referred to the Co-operative Court] under the last preceding section shall—

      (a)when the dispute relates to the recovery of any sum, including interest thereon, due to a society by a member thereof be computed from the date on which such member dies or ceases to be a member of the society ;

      (b)when the dispute is between a society or its committee, and any past committee, any past or present officer, or past or present agent or past or present servant or the nominee, heir or legal representative or a deceased officer, deceased agent or deceased servant of the society, or a member, or past member, or the nominee, heir or legal representative of a deceased member, and when the dispute relates to any act or omission on the part of either party to the dispute, be six years from the date on which the act or omission with reference to which the dispute arose, took place ;

      (c)when the dispute is in respect of any matter touching the constitution, management or business of a society which has been ordered to be wound up under section 102, or in respect of which a nominated committee 3[or an administrator or committee or authorised person has been appointed under section 77A, 78 or 78A, be six years from the date of the order issued under section 77A, 78 or 78A or, under section 102, as the case may be] ;

      (d)when the dispute is in respect of an election of 4[a committee or officers] of the society, be 5[two months] from the date of the declaration of the result of the election.

(2)The period of limitation in the case of any other dispute except those mentioned in the foregoing sub-section which are required to be referred to 6[the Co-operative Court] under the last preceding section shall be regulated by the provisions of 7[the Limitation Act, 1963], as if the dispute were a suit, and 6[the Co-operative Court] a Civil Court.

(3)Notwithstanding anything contained in sub-sections (1) and (2), 6[the Co-operative Court] may admit a dispute after the expiry of the limitation period, if the applicant satisfies 6[the Co-operative Court] that he had sufficient cause for not referring the dispute within such period, and the dispute so admitted shall be a dispute which shall not be barred on the ground that the period of limitation had expired.