56. All disputes, complaints and claims between, by and against members shall, on the application of either party, be decided by the Arbitration Sub-Committee appointed for that purpose by the Committee. Any party aggrieved with any decision of the Arbitration Sub-Committee may, within seven days of such decision being received appeal to the Committee whose decision shall be final. In the event of any member or members refusing, neglecting or failing to observe, carry out or comply or if no appeal is preferred, with the decisions of the Committee, or if no appeal is preferred, with the decision of the Arbitration Sub-Committee, such member or members so in default shall be dealt with by the Committee under the Rules, Regulations and/or Bye-laws of the Association for the time being in force.
Reference of Disputes
57. No complaint, dispute or appeal shall be referred to the Committee unless it has been submitted by 2 p.m. on the day before such sitting.
Fees for Arbitration Between Members
58. The fees payable in advance for arbitration between members shall be as under or such other as the Committee may from time to time determine :-
Application for Arbitration will be … … Rs. 25/-
Appeal to the Committee will be … … Rs. 100/-
Share Examination Fee per T.D. … … Rs. 25/-
But in case of accounts containing more than one transaction unless it is pure and simple for payment of the balance (having no dispute over any items whatsoever) a fee of Rs. 25/- must be paid for each of the disputed item required to be decided by the Arbitration Sub-Committee. The party found to be at fault will be liable for all cost.
Cases against Suspended Members
59. The fact that a member is for any reason under suspension shall not debar the Committee from taking cognizance of , or dealing with any claims made against that member by other members of the Association, but before adjudication upon such claims, full particulars of the claim made against him shall be sent by registered post to the registered address of that member. In the event of no reply being received by the Committee within 14 days from date of posting, or of any reply received being considered unsatisfactory, the Committee shall proceed to deal with the claim ex-parte.
60. An appeal against any decision of any of the Sub-committees must be accompanied by a fee of Rs. 100/- which will be refunded if the appeal is allowed.
When a case has been struck off or filed owing to the negligence of the complainants or when a defendant wishes to contest a case which has been decided ex-parte a fee of Rs. 100/- must be paid before the matter can be heard.
Powers of Share Examination Sub-Committee
61. (1) The Share Examination Sub-Committee decides particular points brought to its notice, but has complete power to point out any irregularity if it comes to their notice.
When a share is returned as under objection, the same should be placed before the Share Examination Sub-Committee by the sellers within the next two delivery days of such return in default whereof, the buyers shall not be responsible.
(2) In cases where the deliveries have been decided not to be in order by the Share Examination Sub-Committee, a fee of Rs. 25/- will be payable by the sellers to the respective buyers provided only that the objection has been lodged by the seller. In cases where the objection is lodged by the buyer, the buyer will pay the fees.