The Maharashtra Cooperative Societies Act 1960
Chapter: XIII - APPEALS, REVIEW AND REVISION
Section 149 to 154
Section 149 - Maharashtra State Co-operative 1 [Appellate Court]
2 (1) A Court to be called the Maharashtra State Co-operative Appellate Court is hereby
constituted to exercise the powers and to discharge the functions conferred on it by
or under this Act.
(2) The 3 [Co-operative Appellate Court] shall consist of the President, 4 [and such number
of other members as the State Government may from time to time consider necessary, who
possess] such qualifications as may be prescribed. 5 [The President and other
members shall hold office for such period or such different periods as may be prescribed.
(3) Any vacancy in the membership of the 3 [Co-operative Appellate Court] shall be filled
by the State Government.
6 (4) All or any of the powers and functions of the Co-operative Appellate Court may be
exercised and discharged by any of its members sitting singly or in Benches, as may be
determined by the President.
(5) Such Benches shall consist of two or more members.
(6) Where a matter is heard 7 [by an odd number of members constituting a Bench] the
opinion of the majority shall prevail, and the decision shall be in accordance with the
opinion of the majority. Where a mater is heard by an even number of members
the opinion of the president shall prevail; and in other cases the matter shall be referred for
hearing to the President, and shall be decided in accordance with his decision.
(7) Subject to the previous sanction of the State Government, the 3 [Co-operative Appellate Court] shall frame regulations, consistent with provisions of this Act and rules
made thereunder, for regulating its procedure and the disposal of its business.
(8) The regulations made under sub-section (7),shall be published in the official Gazette.
(9) The 3 [Co-operative Appellate Court] may call for and examine the record of any
proceeding in which an appeallies to it, for the purpose of satisfying itself as to the
legality or propriety of any decision or order passed. If in any case, it appears to the 3 [Cooperative Appellate Court] that any such decision or order should be modified, annulled or
reversed, the 3 [Co-operative Appellate Court] may pass such order thereon as it may
deem just.
(10) Where an appeal or application is made to the er pending the decision of the appealers
as may be necessary for the ends of justice, or to prevent the abuse of the process of
the 3 [Co-operative Appellate Court].
(11) An order passed in appeal, or in revision under sub-section (9), or in review
under section 150 by the 3 [Co-operative Appellate Court], shall be final and conclusive,
and shall be not called in question in any Civil or Revenue Court.
10 (12)
(a) The President and other members of the Maharashtra State Co-operative Tribunal
functioning immediately before the commencement of the Maharashtra Co-operative
Societies (Third Amendment) Act, 1973, shall be deemed, respectively to be the President
and other Members of the Maharashtra State Co-operative Appellate Court constituted for
the purpose of this Act; and all appeals and other proceedings pending before the said
Tribunal shall be heard and disposed of by the said Court from the stage they reached
before such commencement.
(b) Anything done or any action taken (including any orders passed or regulations made)
by the said Tribunal, shall be deemed to have been done or taken by the said Court and
shall continue in operation until, duly modified or annulled.
(c) Any reference to the said Tribunal in any law or instrument, for the time being in
force, shall, with effect from the commencement of the Maharashtra Co-operative
Societies (Third Amendment) Act, 1973, be construed as a reference to the said Court.
Footnote:
1. These words were substituted for the word "Tribunal", by Mah. 3 of 1974, s. 38(e).
2. Sub-section (1) was substituted by Mah. 3 of 1974, s. 38(a).
3. These words were substituted for the word "Tribunal", by Mah. 3 of 1974, 38(c)
4. These words were substituted for the words "and not more than three other members possessing" byMah. 27 of 1971, s. 3.
5. These words were inserted by Mah. 3 of 1974, s. 38(b).
6. Sub-section (4) was substituted for the original by Mah. 36 of 1975, s. 12(c).
7. These words were substituted for the words "by three members" by Mah. 36 of 1975, s.12(b).
8. These words were substituted for the words "and appeal is made to the Tribunal under section 97" by Mah. 33 of 1963, s. 29(a).
9. These words were inserted by Mah. 20 of 1986, s. 29(b).
10. Sub-section (12) was added byMah. 3 of 1974, s. 38(d).
Section 150 - Review of orders of 1 [Co-operative Appellate Court]
(1) The 1 [Co-operative Appellate Court] may, either on the application of the Registrar,
or on the application of any party interested, review its own order in any case, and pass in
reference thereto such order as it thinks Just:
Provided that, no such application made by the party interested shall be entertained, unless the 1 [Co-operative Appellate Court] is satisfied that there has been the discovery of new and important matter of evidence, which after the exercise of due diligence was not within the knowledge of the applicant or could not be produced by him at the time when its order was made, or that there has been some mistake or error apparent on the face of the record, or for any other sufficient reason:
Provided further that, no such order shall be varied or revised, unless notice has been given to the parties interested to appear and be heard in support of such order.
Provided that, no such application made by the party interested shall be entertained, unless the 1 [Co-operative Appellate Court] is satisfied that there has been the discovery of new and important matter of evidence, which after the exercise of due diligence was not within the knowledge of the applicant or could not be produced by him at the time when its order was made, or that there has been some mistake or error apparent on the face of the record, or for any other sufficient reason:
Provided further that, no such order shall be varied or revised, unless notice has been given to the parties interested to appear and be heard in support of such order.
(2) An application for review under the foregoing sub-section by any party, shall be made
within ninety days from date of the communication of the order of the 1 [Co-operative Appellate Court].
Footnote:
1. These words were substituted for the word "Tribunal", by Mah. 3 of 1974, s. 39.
Section 151 - 1 [Co-operative Appellate Court] to have power of Civil Court
(1) In exercising the functions conferred on it by or under this Act, the
2 [Co-operative Appellate Court] shall have the same powers as are vested in a Court in respect of,--
(a) proof of facts by affidavit,
(b) summoning and enforcing the attendance of any person and examining him on oath,
(c) compelling discovery or the production of documents, and
(d) issuing commissions for the examination of witnesses.
(b) summoning and enforcing the attendance of any person and examining him on oath,
(c) compelling discovery or the production of documents, and
(d) issuing commissions for the examination of witnesses.
(2) In the case of any such affidavit, any officer appointed by the 1 [Co-operative Appellate Court] in this behalf may administer the oath to the deponent.
Footnote:
1. These words were substituted for the word "Tribunal", by Mah. 3 of 1974, s. 39.
2. These words were substituted for the word "Tribunal", by Mah. 3 of 1974, s. 40.
Section 152 - Appeals
(1) An appeal against an order or decision1 1 [under sections 4, 9, 11, 12, 13, 14, 17, 18,
19, 21 21 A, 29, 35, 77 A, 2 [ 78, 79, 88, and 105 including an order for paying
compensation to a society] shall lie,--
(a) if made or sanctioned or approved by the Registrar, or the Additional or Joint
Registrar on whom the powers of the Registrar are conferred, to the State Government,
(b) if made or sanctioned by any person other than the Registrar, or the Additional or Joint Registrar on whom the powers of the Registrar are conferred, to the Registrar.
(b) if made or sanctioned by any person other than the Registrar, or the Additional or Joint Registrar on whom the powers of the Registrar are conferred, to the Registrar.
3 (2) Where an appeal against an order or decision to the Co-operative Appellate Court
has been provided under this Act, it shall lie to the Co-operative Appellate Court
(3) An appeal under sub-section (1) or (2) shall be filed within two months of the date
of the communication of the order or decision.
4 (4) Save as expressly provided, no appeal shall lie against any order, decision or
award passed in accordance with the provisions of this Act; and every such order,
decision or award shall, whether expressly provided or not, be final, but shall always be
subject to the provisions for revision in this Act; and where an appeal has been provided
for, any order passed on appeal shall likewise be final, but be subject to such revision
provisions.
Footnote:
1. These words figures and letters were sub stituted for the words and figures "under sections 4, 9. 12, 13, 14, 17, 18, 19, 21, 29, 35, 78, a nd 105 " by Mah. 10 of 1988, s. 30.
2. These words were substituted by Mah. 13 of 1994, s. 12 (a).
3. Sub-section (2) was substituted by Mah. 13 of 1994, s. 12(b).
4. Sub-section (4) was substituted for the original by Mah. 37 of 1965, s. 2 and the said sub -section shall be deemed always to have been enacted in this form.
1 Section 152A - Appeal against rejection of nomination paper at election
(1) Notwithstanding anything contained in this Act or the rules or the bye-laws made
thereunder, a person aggrieved by the rejection of nomination of a candidate at the
election of a committee of any society, other than a society specified by or under section 73G, may file an appeal to the Registrar within three days of the date of rejection of the
nomination. The Registrar shall dispose of such appeal within ten days of the date of
receipt of such appeal and the decision of the Registrar in appeal shall be final and no
further appeal or revision shall lie against the decision of the Registrar in such
appeal. 2 [In the case of a society specified by or under section 73G, an appeal shall lie to
the Divisional Commissioner who shall dispose of such appeal within ten days from the
date of receipt of such appeal and the decision shall lie against the decision of the
Divisional Commissioner in such appeal.]
(2) Notwithstanding anything contained in this Act or the rules or the bye-laws made
thereunder, the list of validly nominated candidates shall be subject to the decision of
any appeal filed under sub-section (1), and the period between the date of scrutiny of
nomination papers and the last date of the withdrawal of candidatures shall not be less
than fifteen days.
Footnote:
1. Section 152 A was inserted by Mah. 20 of 1986, s. 63.
2. This portion was added by Mah. 10 of 1988, s. 31.
Section 153 - Extension of period of limitation by appellate authority in certain cases
(1)In all cases in which it is provided under this Act that an appeal may be filed against any
decision or order within a specified period, the appellate authority may admit an appeal
after the expiry of such period, if the appellant satisfies the appellate authority that he had
sufficient cause for not preferring the appeal within such period.
1 Section 154 - Revisionary powers of State Government and Registrar
(1) The State Government or the Registrar, suo motu or on an application, may call for
and examine the record of any inquiry or proceedings of any matter, other than those
referred to in sub-section (9) of section 149, where any decision or order has been
passed by any sub ordinate officer, and no appeal lies against such decision or order for
the purpose of satisfying themselves as to the legality or propriety of any such decision or
order, and as to the regularity of such processdings. If in any case, it appears to the State
Government, or the Registrar, that any decision or order so called for should be
modified, annulled or reversed, the State Government or the Registrar, as the case may
be, may, after giving the person affected thereby an opportunity of being heard, pass such
orders thereon as to it or him may seem just.
(2) Under this section, the revision shall lie to the State Government if the decision or
order is passed by the Registrar, the Additional Registrar or a Joint Registrar, and to the
Registrar if passed by any other officer.
(2A) 2 [No application for revision shall be entertained against the recovery certificate
issued by the Registrar under section 101 unless the applicant deposits with the
concerned society, fifty per cent. amount of the total amount of recoverable dues.
(3) No application for revision shall be entertained, if made after two months of the date
of communication of the decision or order. The revisional authority may entertain any
such application made after such period, if the applicant satisfies it that he had sufficient
cause for not making the application within such period.
(4) The State Government may, by order, direct that the powers conferred on it by this
section shall, in such circumstances and under such conditions, if any, as may be
specified in the direction, be exercised also by an officer of the rank of Secretary to
Government.]
Footnote:
1. Section 154 was substituted by Mah. 3 of 1974, s. 42.
2. Sub-section (2A) was Inserted by Mah. 41 of 2000, s. 5, (w.e.f. 23-8-2000).
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