Chhattisgarh State Co-operative Tribunal.

The Chhattisgarh Co-operative Societies Act, 1960

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Statutory text

(1) The State Government shall, hy notification. constitute a Tribunal called the Chhallisgarh State Co-operative Trihunal to exercise the powers and to discharge the functions conferred or imposed on the Trihunal hy or under this Act and the Chhattisgarh Swayatta Sahkarita Adhiniyam. 1999 (No 2 of 2000).
(2) The Trihunal shall consist of the Chairman and two other members. (3)(a) No person shall he qualified to he the Chairman or the Trihunal unless he had been a Judge of a High Court or has held the oflice of a Distt. Judge for not less than five years
- (b) or the other two memhers. one shall he an officer or l:O-operative department not below the rank of Additional Registrar and the other shall he non -official closely associated with the co-operative movement or an Advocate or a Pleader having: practical experience in the co-operative movement for a period of not less than fifteen years; Provided that if the State Goverment thinks lit. the Tribunal may consist of a single person. Explanation :- For the purpose of this sub-section "non-official'· shall mean a person who on the date of his appointment as a member. does not hold any office of pro lit under the Goverrncnt of India or the Govcrtnent of any State.
(4) Notwithstanding anything contained in suh-section ( 1 ).a person shall he disqualified for being appointed as, or for being a Chairman or a Memher of the Trihunal, if he is a member of the Board of any society other than a general hody of a society. (5)(a) The Chairman and other mcmhers of the Trihunal shall hold office ordinarily for a period of not less than two years and not more than live years as tht: State Government may, by notification specify in this behalf.
- (b) A person who has held office as the Chairman or a member. for a period mentioned in clause (a) shall he digihle for reappointment.
- (c) The Chairman or mcmhcr of the Tribunal may. at any time. resign his ollicc.
- (d) The Chairman or a memhcr of Tribunal may with the permission of the State Goverment held any other office appointment of not in consist with his position on· the Trihunal.
(6) Notwithstanding anything contained in sub-section (4), the State Government may terminate at anytime. the appointment of the Chairman or a memher if, in its opinion, such Chairman or membt:r is unahlc or unfit 10 continue to perform the duties of his office: Provided that no appointment shall be terminated under this sub-section u·nless the person whose appointment is proposed to be terminated is given a reasonable opportunity of showing cause against such termination. (7)(a) If any vacancy occurs in the office of the Chairman or member by leave, absence. deputation, death, resignation, expiry of the term of appointment, termination of the appointment or for any other cause, whatsoever, such a vacancy shall be filled by appointment of a person qualified for appointment under this Section.
- (b) Till the vacancy in the otlice of the Chairman is filled under sub-section( I). the senior most member shall act as the Chairman of the Tribunal.
(8) The headquarters of the Tribunal shall be at such place as may be notified by the State Government in the Gazette.
(9) The powers and functions of the Tribunal may be exercised and discharged by Benches constituted by the Chairman from amongst the members of the Tribunal including himself. Provided that, any interlocutory application may be hard by one of more members to may be present.
(10) Such Benches shall consist of to or more members.
(11) Where a matter is heard by three members 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 in the Chairman be one of the members, the opinion of the Chairman shall prevail and in other cases the matter be referred for hearing to the Chairman and shall be decided in accordance his decision.
(12) Subject to the previous sanction of the State Government, 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.
(13) The regulations made under sub-section (12), shall be published in the Official Gazette.
(14) The Tribunal may suo motu or on the application of the party, call for and examine the records of any proceedings in which no 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 Tribunal that any such decisions or orders should he modified, annulled or reversed, the Tribunal may pass such order thereon as it may deem just.
(15) Where an appeal or application is made to the Tribunal under this Act, it may, in order to prevent the ends of justice being defeated, make such interlocutory orders pending the decision of the appeal or applications, as the case may be, as 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 Tribunal.
(16) An order in appeal. or revision or review passed under this Act by the Tribunal, shall be final and conclusive, and shall not he called in question in any Civil or Revenue Court.
(17) The Tribunal hearing an appeal under this Act shall exercise all the powers conferred upon an appellate court by section 96 and order XLI of the Code of Civil Procedure, 1908 (5 of 1908).

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