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.

(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.

(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.

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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