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- Subject to the provisions of section 77, an appeal shall lie under this section against -
- An order of the Registrar made under sub-section (2) of section 9 refusing to register a society.
- An order of the Registrar made under sub-section (4) of section 11 refusing to register amendment of the bye-laws of a co-operative society.
- An order of the Registrar made under sub-section (1) of section 16.
- A decision of a co-operative society refusing to admit any person as a member of the society who is otherwise duly qualified for membership under the bye-laws of the society.
- A decision of a co-operative society expelling any of its members.
- An order of the Registrar removing the committee of a co-operative society made under section 32.
- An order made by the Registrar under section 57 apportioning the costs of an enquiry held under section 55 or an inspection made under section 56.
- Any order of surcharge under section 59.
- Any decision or award made under section 61.
- Any order made by the Registrar under section 63 directing the winding up of a co-operative society.
- Any order made by the liquidator of a co-operative society in exercise of the powers conferred on him by section 67.
- Any order made under section 73.
- An appeal against any decision or order under sub-section(1) shall be made within sixty days from the date of decision or order -
- If the decision or order falls under clause (g), (h), (i), or (l) of sub-section (1), to the Tribunal.
- If the decision or ordr falls under clause (f), to the Lieutenant-Governor.
- In any other case, to the Lieutenant-Governor or the Registrar according as the decision or order was made by the Registrar or any other person.
- No appeal shall lie under this section from any decision or order made by the Registrar in appeal.
77. No appeal or revision in certain cases
- Not withstanding anything contained in this Act, where with the previous sanction in writing or on requisition of the Reserve Bank -
- A co-operative bank is being wound up; or
- In respect of which a scheme of amalgamation or reorganization is given effect to, or
- In respect of which an order for the supersession of the committee and the appointment of the administrator thereof 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.
78. Delhi Co-operative Tribunal
- The Lieutenant-Governor shall constitute a Tribunal to be called the Delhi Co-operative Tribunal to exercise the function conferred on the Tribunal on the Tribunal by or under this Act.
- The Tribunal shall consist of not more than three members possessing such qualifications as may be prescribed.
- Any vacancy in the membership of the Tribunal shall be filled by the Lieutenant-Governor.
- Subject to the previous approval of the Lieutenant-Governor, the Tribunal shall frame regulations consistent with the provisions of this ACT and the rules made thereunder for regulating its procedure and the disposal of its business.
- The regulations made under sub-section (4) shall be published by the Lieutenant-Governor in the Delhi Gazette.
- The Tribunal may call for and examine the record of any proceedings, 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 and if in any case it shall appear to the Tribunal that any such decision or order should be modified, annulled or reversed, the Tribunal may pass such order thereon as it may deem fit.
- An order passed in appeal under section 76 or in revision under sub-section (6) of this section or in review under section 79 by the Tribunal shall be final and conclusive, and shall not be called in question in any civil or revenue court.
Explanation – The Tribunal hearing an appeal under this Act shall exercise all the powers conferred upon an appellate court by section 97 of, and Order XLI of the First Schedule to, the Code of Civil Procedure 1908.
79. Review of orders of Tribunal
- The Tribunal 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 shall be entertained unless the Tribunal 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.
- An application for review under sub-section (1) by any party shall be made within ninety days from the date of communication of the order of the Tribunal.
Subject to the provisions of section 77, the lieutenant-Governor may, suo moto or on the application of a party to a reference, call for and examine the record of any proceedings in which no appeal lies to the Lieutenant-Governor under section 76 (not being any proceedings in which an appeal lies to the Tribunal ) for the purpose of satisfying himself as to the legality and propriety of any decision order passed an if in any case it shall appear to him that any such decision or order should be modified annulled or revised, he may pass such order thereon as he may deem fit.
Where an appeal is made under section 76 or where Tribunal or Lieutenant-Governor calls for the record of a case under section 78 or section 80, the appellate authority or the Tribunal or Lieutenant-Governor, as the case may be, may, in order to prevent the ends of justice being defeated, make such interlocutory order, including an order of stay, pending the decision of the appeal or revision as such authority or the Tribunal or Lieutenant-Governor may deem fit.
Last Updated Date :- 18-06-2018
Page last updated on: 08-08-2022