Building Societies Act, 1976

General provisions relating to disputes.

47.—(1) Sections 48 to 50 apply to—

(a) any dispute between a society and a member of the society in his capacity as a member, or a representative of such a member in his capacity as a member, in respect of any matter other than the construction or effect of a mortgage deed or of any other contract comprised in or based on a document other than the rules of the society, and

(b) any other dispute or class of dispute to which the rules of a society expressly apply those sections,

and, accordingly, in those sections “dispute” means a dispute to which those sections apply.

(2) Nothing in sections 48 to 50 shall prevent a society, any member of a society or any person claiming through or under a member, from obtaining in the ordinary course of law any remedy to which the society, member or person is entitled by law in respect of any mortgage or of any other contract other than the rules of a society.

(3) Any reference in the rules of a society to a dispute shall, except in so far as they otherwise expressly provide, be construed as referring only to a dispute to which sections 48 to 50 apply.