APPEALS, REVIEW
AND REVISION
149.
|
||
(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 Co-operative Appellate Court shall
consist of the President, 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. 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 Co-operative
Appellate Court shall be filled by the State Government.
|
|
(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 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
matter is heard by an even number of members, and the members are equally
divided, if the President be one of the 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 Co-operative Appellate Court shall frame regulations
consistent with the provisions of this Act and rules made there under, for
regulating its procedure and the disposal of its business.
|
|
(8)
|
The regulation made under sub-section (7), shall be
published in the Official Gazette.
|
|
(9)
|
The Co-operative Appellate Court may call for and examine
the record of any proceeding in which an appeal lies 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 Co-operative Appellate Court that
any such decision or order should be modified, annulled or reversed, the
Co-operative Appellate Court may pass such order thereon as it may deem just.
|
|
(10)
|
Where an appeal or application is made to the
Co-operative Appellate Court under this Act, it may, in order to prevent the
ends of justice being defeated, make such interlocutory order pending the
decision of the appeal or application as the case may be, may appear to it to
be just and convenient, or such orders as may be necessary for the ends of
justice, or to prevent the abuse of the process of the 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 Co-operative Appellate
Court shall be final and conclusive, and shall not be called in question in
any Civil or Revenue Court.
|
|
(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.
|
|
Explanation.-The Co-operative Appellate Court hearing
an appeal under this Act shall exercise all the powers conferred upon an
appellate court by section 97 and Order XLI in the First Schedule of the Code
of civil Procedure, 1908.
|
||
150.
|
||
(1)
|
The 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 Co-operative Appellate Court is
satisfied that there has been the discovery of and important matter of
evidence, which after the exercise of the 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 Co-operative Appellate Court.
|
|
151.
|
||
(1)
|
In exercising, the functions conferred on it by or
under this Act, the 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 Co-operative Appellate Court in this behalf may administer
the oath to the deponent.
|
|
152.
|
||
(1)
|
An appeal against an order or decision under sections
4, 9, 11, 12, 13, 14, 17, 18, 19, 21, 21A, 29, 35, 77A, 78, 79, 85, 88 and
105 including against 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 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.
|
|
“Provided
that, no order of stay shall be issued in respect of the recovery of the dues
under the award issued by the Liquidator unless fifty percent of the amount
stated in the award is deposited with the society by the Appellant.”; [* Was inserted By MAH. XXIV of 1961]
|
||
(2)
|
Where an appeal against any order or decision to the
Cooperative 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.
|
|
(3A)
|
The Appellate
Authority, in order to prevent the ends of justice being defeated, may pass
such interim orders including order of stay against the impugned order,
pending the decision and final hearing of the appeal: [* Was
inserted By MAH. XXIV of 1961]
|
|
Provided that,
if any interim order has been passed by the Appellate Authority without
hearing the other side, the Appellate Authority shall decide such application
within a period of three months and pass the necessary orders on merits after
giving an opportunity of being heard and for the reasons to be recorded in
writing. [* Was inserted By MAH. XXIV
of 1961]
|
||
(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.
|
|
152-A.
|
||
(1)
|
Notwithstanding anything contained in
this Act or the rules or the bye-laws made there under 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”, [* Was deleted
By MAH. XXIV of 1961] 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. “In the case
of a society, an appeal shall lie to the officer as may be specified by the
State Co-operative Election Authority, who shall dispose of such appeal
within ten days from the date of receipt of such appeal and the decision of
the officer, shall be final.” [* Was
substituted By MAH. XXIV of 1961]
|
|
(2)
|
Notwithstanding anything contained in this Act or the
rules or the bye-laws made there under, 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.
|
|
153.
|
||
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.
|
||
154.
|
||
(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 subordinate
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 proceedings, 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.
|
|
(2-A)
|
No application for revision shall be entertained
against the recovery certificate issued by the Registrar under section 101 “or certificate issued by the
Liquidator under section 105” [* Was
inserted By MAH. XXIV of 1961] unless the
applicant deposits with the concerned society, fifty percent, amount of the
total amount of recoverable dues.
|
|
“Provided
that, in case of such revision where revisional authority has granted a stay
to the recovery of dues, the authority shall, as far as may be practicable,
dispose of such revision application as expeditiously as possible but not
later than six months from the date of the first order.”; [* Was inserted By MAH. XXIV of 1961]
|
||
(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.
|
|
(3A)
|
The revisional
authority, in order to prevent the ends of justice being defeated, may pass
such interim orders including order of stay against the impugned order,
pending the decision and final hearing of the Revision Application: [* Was inserted By MAH. XXIV of 1961]
|
|
Provided that,
if any interim order has been passed by the revisional authority without
hearing the other side, the revisional authority shall decide such
application within a period of three months and pass the necessary order on
merits after giving an opportunity of being heard and for the reasons to be recorded
in writing.”.
|
||
(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.
|
|
.jpg)
.jpg)
.png)
.png)