Chapter XI APPEALS AND REVISION

(1) An appeal shall lie under this section against–(a) an order of the Registrar made under sub-section (2) of section 8 refusing to registrar a co-operative society ; (b) an order of the Registrar made under sub-section (4) of section 10 refusing to register an amendment of the bye-laws of a co-operative society or under sub-section (6) (ii) of that section compulsorily registering an amendment to such bye-laws ; (c) a decision of a co-operative society, other than a producers 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 ; (d) a decision of a co-operative society expelling any of its members ; (e) an order made by the Registrar under section 27 removing the committee of a co-operative society ; (f) an order made by the Registrar under section 52 apportioning the costs of an inquiry held under section 50 or an inspection made under section 51 ; (g) an order of surcharge made by the Registrar under section 54 ; (h) a decision or award made under section 56 ; (i) an order made by the Registrar under section 57 directing the winding up of a co-operative society ; (j) an order made by a liquidator of a co-operative society in exercise of the powers conferred on him by section 59 ; (k) an order made under section 65. (2) An appeal against any decision, award or order under sub-section (1) shall be made within sixty days from the date of the decision, award or order–(a) if the decision, award or order was made by the Registrar, to the Chief Commissioner ; or (b) if the decision, award or order was made by any other person, to the Registrar ; Provided that where the Registrar is deemed to have refused registration of a society under sub-section(4) of section 8 and an appeal in intended to be filed against such refusal, such appeal may be filed within sixty days from the expiry of the period of three months referred to in sub-section (3) of that section : Provided further that the appellate authority may admit an appeal after the said period of sixty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period. (3) No appeal shall be lie under the section from any decision or order made by the Registrar in appeal. (4) In disposing of an appeal under this section, the appellate authority may, after giving the parties an opportunity of making their representation, pass such order thereon as that authority may deem fit. (5) The decision or order of the appellate authority on appeal shall be final. The remuneration fixed under section 58 (i) shall be included in cost of liquidation which shall be payable out of the assets of the co-operative society under liquidation in priority to all other claims.

The Chief Commissioner may, either suo-moto or on an application, call for and examine the records of any proceedings in which no appeal lies to the Chief Commissioner under section 63 for the purpose of satisfying himself as to the legality or propriety of any decision, award or order made and if in any case it shall appear to the Chief Commissioner that any such decision, award or order should be modified, annulled or revised, the Chief Commissioner may, after giving the party to be affected thereby an opportunity of being heard, pass such order thereon as he may deem fit. After discharging the liabilities of the co-operative society and repayment of share capital, the liquidator may, utilize the surplus assets, if any, for one or more of the following purposes namely: (a) Deposit the amount in a co-operative bank until a new co-operative society with similar area of operation and objects are registered when it shall be credited to the reserve fund of the new co-operative society. (b) any purpose connected with development of co-operative movement, subject to the approval of Registrar; (c) an object of public utility selected with due regard to the wishes of the members and approved by the Registrar.

Where an appeal is made under section 68 or where the Chief Commissioner calls for the records of a case under section 69, the appellate authority or the Chief Commissioner, as the case may be, may, in order to prevent the ends of justice being defeated, make such inter-locutory orders, including an order of stay, pending the decision of the appeal or revision as such authority or the Chief Commissioner may deem fit. If any liability cannot be discharged by the liquidator owing to the whereabouts of the claimants being not known or for any other cause, the amount covered by undischarged liability may be deposited in the co-operative bank, having jurisdiction over the area in which the co-operative society was functioning and shall remain at the disposal of the claimant for a period of three years after which the undrawn amount, if any, may be transferred to the State Co-operative Union for credit to the co-operative education fund. (f) The Sale Officer shall not work the bullocks or cattle or make use of goods or effects distrained and he shall provide the necessary food for the cattle or live stock, the expenses attending which shall be defrayed by the owner upon his redeeming the property or from the proceeds of the sale in the event of its being sold. (g) It shall be lawful for the Sale Officer to force open any stable cow house, granary, godown out house or other building and he may also enter in any dwelling house, the outer door of which may be open and may break open the door of any room in such dwelling house for the purpose of attaching any property belonging to a defaulter lodged therein provided always that it shall not be lawful for the officer to break open or enter apartment in such dwelling house for the Zenana or residence of women except as here-in-after provided. (h) Where the Sale Officer has reason to believe that a property of a defaulter is lodged within a dwelling house, the outer door of which is shut or within any apartments appropriated to women which by custom or usage are considered private, the Sale Officer shall represent the facts to the officer-in-charge of the nearest police station. On such representation, the officer-in-charge of the said station shall send a police officer to the spot in the presence of whom the Sale Officer may force open the outer door of such dwelling house in like manner as he may break open the door of any room within the house except the Zenana. The Sale Officer may also in the presence of a police officer and after giving due notice for the removal of the women within a Zenana and after furnishing the means for their removal in a suitable manner if they be women who according to the custom and usage cannot appear in public, enter the Zenna apartments for the purpose of distraining the defaulter's property, if any, deposited therein but such property, if found shall be immediately removed from such apartment after which they shall be left free to the former occupants. (i) The Sale Officer shall, on the day previous to and on the day of sale, cause proclamation of the time and place of the intended sale to be made by beat of drum in the village or locality in which the defaulter resides and in such other place or places as the officer may consider necessary to give due publicity to the sale. No sale shall place until after expiration of the period of fifteen days from the date on which the sale notice has been served or affixed in the manner indicated in clause (a) provided that where the property seized is subject to speedy and natural decay or where the expenses of keeping it in custody is likely to exceed its value, the Sale Officer may sell it at any time before the expiry of the said period of fifteen days, unless the amount due is sooner paid. (j) At the appointed time, the property shall be put up in one or more lots as the Sale Officer may consider advisable and shall be disposed of to the highest bidder. Provided that it shall be open to the Sale Officer to decline to accept the highest bid where the price offered appear to be unduly low or for other reasons. Where the property is sold for more than the amount due the excess amount, after deducting the interest and expenses of process or/and other charges shall be paid to the defaulter. Provided further, that the Recovery Officer or the Sale Officer may, in his discretion adjourn the sale to a specified date and hour recording his reasons for such adjournment. Where the sale is so adjourned for a longer period than seven days, a fresh proclamation shall be made unless the defaulter consents to waive it. (k) The property shall be paid for in cash at the time of or as soon after as the Sale officer shall appoint and the purchaser shall not be permitted to carry away any part of the property until he has made payment thereof in full. Where the purchaser fails in the payment at purchase or bid money, the property shall be resold. (l) Where it is proved to the satisfaction of any Civil Court of competent jurisdiction that any property which has been distrained under these rules has been forcibly or clandestinely removed by any person the Court may order such property to be restored forthwith to the Sale Officer. (m) Where prior to the day fixed for sale, the defaulter or any person acting on his behalf or any person claiming any interest in the property attached, pays the full amount due including interest and / or other costs incurred in attaching the property, the Sale Officer shall cancel the order of attachment and release the property forthwith. (n) The movable property mentioned as exempted from attachment in the provision to sanction 60 of the Code of Civil Procedure, 1908 (5 of 1908) shall not be liable to attachment or sale under these rules.