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    M R.   W A N   A B D U L   R A Z A K   B I N   W A N   H U S S I N
 
razak[at]skm[dot]gov[dot]my
    CHAIRMAN OF CO-OPERATIVE TRIBUNAL
  directory
STAFF DIRECTORY
     
 

 

Introduction
The Co-operative Tribunal Division functions to hear and decide on any disputes referred under Section 82(1) and (2) of Act 502 (Co-operative Societies Act 1993). In accordance to subsection 83(4) of Act 502, any disputes under subsection 82(1) and (2) of the Co-operative Societies Act may be referred to the Co-operative Tribunal by SKM to be heard and decided upon by the Co-operative Tribunal.
Objective and Functions
The objective of this division is to hear and decide upon dispute cases under section 82(1) and (2) of Act 502 more effectively and quickly as well as ensuring that the case settlement procedures are easier and do not involve high costs. The functions of this division are:-
  1. To register the Applicant’s claims and Respondent’s answers as well as the document binding both parties;
  2. To specify the place, date and time of trial, and examine witnesses or any person with information related to the case on trial, and
  3. To provide notes of proceedings, issue ‘Award’ and ‘Reason of Award’ for each case.
Disputes That May Be Filed

Disputes that may be filed are as follows:

» Disputes affecting the establishment, by-laws, selection of officers, the course of general meetings, management or business of a co-operative - section 82(1) of Act 502.

» Claims of any debt or claims that must be paid - section 82(2) of Act 502.

Parties That May File For Disputes
The parties that may file their dispute to the Co-operative Tribunal are as in the list below:
  1. Co-operative
  2. Co-operative members
  3. Former members
  4. Board members
  5. Co-operative officers
  6. Heir or nominee or lawful representatives of a deceased member
  7. Person making claim through a member, former member or deceased member
Dispute Settlement Process at the Co-operative Tribunal

PROCESS 1

Applicant fills in Form A.

(6 copies) after obtaining a permission letter from the Executive Director of Malaysia Co-operative Societies Commission (SKM).

 

PROCESS 2

Application is registered and case registration number given.

 

PROCESS 3

The Co-operative Tribunal submits Form A to Respondent. A copy of Form B is given to the Respondent for him/ her to file his/her response to the Applicant’s claim. The response must be filed within 21 days with a fee of RM50.00.

 

PROCESS 4

The Co-operative Tribunal sets a date and place of trial, and informs the parties involved through Form C (Notice of Hearing).

 

PROCESS 5

The trial is carried out on the set date before the Co-operative Tribunal panel that consists of the Co-operative Tribunal Director from the Attorney General’s Chambers, Panel Members of SKM and Panel Members of Co-operatives until the proceeding ends.

 

PROCESS 6

Delivering the Dispute Decision

 

PROCESS 7

Tribunal issues the Award once the RM50.00 fee payment is received

Permission to Submit Dispute

» Applicants must fill in Form 33 and submit the application to the Litigation Unit, Legal Division and include a RM100.00 fee paid via bank draft/ postal order payable to Kumpulan Wang Operasi SKM.

» Once SKM considers the application and decides that the dispute should be referred to the Co-operative Tribunal, the Permission Letter signed by the Executive Chairman of SKM will be issued to the applicant for registration of the dispute at the Co-operative Tribunal.

» The Co-operative Tribunal will conduct trials on the disputes issued through the Permission Letter.

Enforcement of the Co-operative Tribunal Award

» The Co-operative Tribunal Award is binding on the Applicant and Respondent - Section 83(6) of Act 502.

» If any party fails or refuses to comply with the Award by the Tribunal, the party that earned the Award may enforce it by applying for the Award be filed in the Sessions Court where it was issued - Section 83(6A) Act 502.

» The applicant must apply to the Secretary of the Co-operative Tribunal for registration of Award at the Sessions Court.

» Once registered, the Secretary of the Co-operative Tribunal will return the Award which has been endorsed by the Sessions Court to the Applicant. The Sessions Court where the Award was registered will enforce the Award.

» Any party dissatisfied with the decision or Tribunal Award may file an appeal to the High Court - Section 83(7) of Act 502.