CO-OPERATIVE SOCIETIES BILL

Order for Third Reading read. 3.53 p.m.

Mr Speaker: Notice has been given by the Acting Minister for Social Affairs that he wishes to propose amendments to clause 91 of the Bill. The Bill accordingly stands recommitted to a Committee of the whole Parliament in respect of that clause. Any other Member who wishes to propose other amendments or new clauses or schedules is required to give notice of his desire before Parliament resolves itself into a Committee on the recommitted matter.

Committee stage, what day?

Dr Ahmad Mattar: Now, Sir.

Bill considered in Committee.

[Mr Speaker in the Chair]

3.55 p.m.

Clause 91 -

Dr Ahmad Mattar: Mr Speaker, Sir, I beg to move,

In page 38, line 38, after "decision", to insert "in accordance with subsection (3)".

Clause 91 of the Bill states that disputes among members of co-operative societies and between members and societies shall be referred to the Registrar for a decision. The proposed amendment will specify that the Registrar's decision must be made in accordance with subsection (3) which spells out the procedure for the settlement of the disputes.

Amendment agreed to.

Dr Ahmad Mattar: Sir, I beg to move,

In page 39, line 11 to line 32 in page 40, to leave out sub-clauses (3) to (10) and insert new sub-clauses (3), (4), (5) and (6)* as set out in the Order Paper Supplement.

*New sub-clauses (3), (4), (5) and (6) read as follows: "(3) The Registrar shall, on receipt of a reference under subsection (1), have regard to the nature and complexity of the dispute, and decide whether - (a) to settle the dispute himself; or (b) to recommend to the parties to the dispute to refer it to arbitration in the same manner and subject to the same terms that an aggrieved party under subsection (4) may refer a dispute to arbitration. (4) Where the Registrar decides to settle the dispute himself and gives a decision thereon which aggrieves a party to the dispute, that party may, within thirty days of the date of the Registrar's decision, refer the dispute to arbitration by a referee appointed by the Chief Justice, who shall not be an official of any Government department. (5) The relevant provisions of the Arbitration Act (Cap. 16) shall apply to any dispute referred to arbitration under subsections (3) and (4). (6) Where a dispute has not been referred to arbitration pursuant to subsection (4), the decison of the Registrar that settles the dispute under pararaph (a) of subsection (3) shall, on the application of the party in whose favour it is given, be enforced by any Court which would have jurisdiction in civil suits between the parties to the dispute in the same manner as if the decision had been the decision of a District Court.".

Modern co-operative societies are large and complex. The types of disputes that arise among themselves and between them and their members can involve large sums of money or interpretations of their constitutions and by-laws. Attempts to settle the disputes could entail extensive analyses of the societies' business operations. In some cases, points of law may even be called into question. In such disputes, it would be desirable to ensure that the High Court is able to exercise the procedural and jurisdictional powers laid out in the Arbitration Act over the matters referred for arbitration under this clause of the Bill. I am therefore recommending this amendment so that parties to a dispute could refer the dispute to arbitration by a referee appointed by the Chief Justice if they are advised to do so by the Registrar of Co-operative Societies, or if they are dissatisfied by the Registrar's decision concerning their disputes. Where such arbitration is resorted to, the provisions of the Arbitration Act will apply.

Amendment agreed to.

Clause 91, as amended, ordered to stand part of the Bill.

Bill reported with amendments, read a Third time and passed.

4.00pm