The Multi-State Cooperative Societies Act, 1984

CHAPTER XI: APPEALS AND REVISION

90. Appeals -

(1) Subject to the provisions of section 91, an appeal shall lie under this section against -

(a) an order made by the Central Registrar under sub-section (2) of section 7 refusing to register a multi-State cooperative society;

(b) an order made by the Central Registrar under sub-section (4) of section 9 refusing to register an amendment of the bye-laws of multi-State cooperative society;

(b) an order made by the Central Registrar under sub-section (4) of section 9 refusing to register an amendment of the bye-laws of multi-State cooperative society;

(c) a decision of a multi State cooperative society refusing or deemed to be refusing under sub-section (5) of section 19 to admit any person as a member of the society who is otherwise duly qualified for membership under the bye-laws of the society;

(d) a decision of a multi-State cooperative society under sub-section (1) of section 21 expelling any of its members;

(e) a decision of a multi-State cooperative society removing an elected members of a board under section 39;

(f) an order made by the Central Registrar under section 40 removing a member from his office;

(g) an order made by the Central Registrar under section 48 superseding the board of directors of a multi-State cooperative society;

(h) an order made by the Central Registrar under section 71 apportioning the cost of an inquiry held under section 69 or an inspection made under section 70;

(i) an order made under sub-section (2) of section 73;

(j) a decision or order made under section 76;

(k) an order made by the Central Registrar under section 77 directing the winding up of multi-State cooperative society;

(l) an order made by the liquidator of a multi-State cooperative society under section 81;

(m) an order under section 87 directing attachment of property before award.

(2) An appeal against any decision or order under sub-section (1) shall be made within sixty day from the date of such decision or order,

(a) if the decision or order was made by the Central Registrar, to the prescribed authority;

(b) if the decision was made by a multi-State cooperative society (other than a national cooperative society), or a liquidator of such society, to the officer who is empowered to exercise the powers of the Central Registrar under sub-Section (2) of section 4; or

(c) if the decision was made by a national cooperative society or a liquidator of such society, to the Central Registrar appointed under sub-section(1) of section 4.

(3) The appellate authority may, if satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the period of sixty days, admit the appeal within such further period not exceeding sixty days as that authority may deem fit.

(4) In disposing of an appeal under this section, the appellate authority may, after giving the parties a reasonable opportunity of making their representations, pass such order thereon as that authority may deem fit.

(5) The decision or order of the appellate authority on appeal shall be final.

91. No appeal or revision in certain cases -

Notwithstanding anything contained in this Act, where with the previous sanction in writing of or on requisition by, the Reserve Bank, a cooperative bank -

(a) is being wound up; or

(b) in respect of which a scheme of amalgamation or reorganisation is given effect to; or

(c) in respect of which an order for the supersession of the board and the appointment of an administrator therefor has been made, no appeal, revision or review there against shall lie or be permissible, and the sanction or requisition of the Reserve Bank shall not be liable to be called in question.

92. Revision -

(1) Subject to the provisions of section 91, the Central Government may, of its own motion or on an application, call for and examine the records of any proceedings in which no appeal lies to the appellate authority under section 90 for the purpose of satisfying itself as to the legality or propriety of any decision or order made under this Act and if in any case it shall appear to the Central Government that any such decision or order should be modified, annulled or revised or remitted for reconsideration, the Central Government may, after giving the party to be affected thereby a reasonable opportunity of being heard, pass such order thereon as it may deem fit.

Provided that the application to the Central Government for the exercise of the power under this section shall be preferred within ninety days from the date on which the decision or order to which the application relates was communicated to the applicant;

Provided further that the Central Government may, if satisfied that the appellant was prevented by sufficient cause from making the application within the said period of ninety days, admit the application after the expiry of the said period.

(2) The Central Government may suspend the execution of the decision or order pending the exercise of its power under sub-section (1) in respect thereof.

(3) The Central Government may award costs in proceedings under this section to be paid out of the funds of the multi-State cooperative society concerned or by such party to the application for revision as the Central Government may deem fit.

93. Review -

(1) The appellate authority under section 90 may, on the application of any party interested, review its own order in any case and pass in reference thereto such order as it thinks fit;

Provided that no such application shall be entertained unless the appellate authority is satisfied that there has been a discovery of new and important matter or evidence which after exercise of due diligence was not within the knowledge of the applicant or could not be produced by him at the time when the 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 made under this sub-section unless notice has been given to all interested parties and they have been afforded a reasonable opportunity of being heard.

(2) An application for review under sub-section (1) by any party shall be made within thirty days from the date of communication of the order of the appellate authority sought to be reviewed.

94. Interlocutory orders -

Where an appeal is made under section 90 or where the Central Government calls for the records of a case under section 92, the appellate authority or the Central Government, as the case may be, may in order to prevent the ends of justice being defeated, make such interlocutory orders, including an order of stay, pending the decision of the appeal or revision as such authority or the Central Government may deem fit.