Substitution of Chapter X

Constitution of Tribunal-The following chapter shall be substituted; "Chapter X - Appeal, Revision and Review 77. Appeal - Save where it has been otherwise provided, an appeal shall lie from every original order under this Act or the rules made there under, (i) if the order is passed by an officer other than Registrar, Additional Registrar or Joint Registrar, whether or not the Officer passing the order is invested with the powers of the Registrar, to the Joint Registrar; (ii) if such order is passed by Joint Registrar, whether or not invested with the powers of Registrar, to the Registrar or the Additional Registrar authorised by the Registrar in this behalf; (iii) if such order is passed by the Registrar or Additional Registrar, to the State Government. No second appeal shall lie on any of the following grounds, and no other. (a) that the authority has failed to determine some material issue of law; or (b) that there has been a substantial error or defect in the procedure as prescribed by this Act which may have produced error or defect in the decision of the case on the merits. The appeal shall be presented in the prescribed manner to the appellate authority within thirty days of the date on which the order appealed against was communicated to the party affected by the order; Provided that in computing the period of limitation under this sub-section the time requisite for obtaining a copy of the order appealed against shall be excluded. 78. Revision - (1) The State Government or the Registrar may at any time on its/ his own motion or on the application made by any party for the purpose of satisfying itself/ himself as to the legality or propriety of the followings may pass such order in reference thereto as it/he thinks fit,- (i) any inquiry or proceedings or any order passed by any officer subordinate to it/him; (ii) any proceedings or decision or resolution or any order passed by the society or committee or sub-committee of society; (iii) any proceedings or decision or any order passed by any officer Provided that no order shall be varied or reversed in revision unless notice has been served to the parties interested and opportunity given to them of being heard. (2) Each such application shall be entertained unless presented within thirty days from the date of order and in computing the period aforesaid time requisite for obtaining a copy of the said order shall be excluded. 79. No appeal or revision in certain cases - Not withstanding anything to the contrary contained in this Act, where with previous sanction in writing or on the requisition of the Reserve Bank of India, (i) winding up of a co-operative bank is made; or (ii) a scheme of compromise or arrangement or reconstruction or re-organisation or amalgamation is made or is given effect to; or (iii) an order for the supersession or suspension of the committee by whatever name called of a co-operative bank and the appointment of an officer incharge etc. therefor, has been made; No appeal, revision or review there against shall lie or be permissible, and such order, sanction or requisition of the Reserve Bank of India shall not be liable to be called in question. 80. Review - The State Government or Registrar may, on its/his own motion, or on the application made by any party interested, review its/his own order in any case and pass such order in reference thereto as it/he thinks just; Provided that, no such application made by the party interested shall be entertained, nor such a case be taken suo-motu, unless the State Government or Registrar is satisfied that there has been the discovery of new and important matter or 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 the order was made, or that there has been mistake or error apparent on the face of the record, or there is any other sufficient reason; Provided that no such order shall be varied amended or revised, unless notice has been served on the parties interested to appear and such interested parties have been heard. Provided further that application for review of any order, by the parties interested shall not be entertained, unless the application is filed within ninety days from the passing of the order. 80-A. Extention of period of limitation by appellate authority in certain cases - 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. 80-B. Transfer of cases - Subject to the provisions of section 77 and 78, the Registrar, Additional Registrar, Joint Registrar, or the Deputy Registrar may make over any case or class of cases arising under the provisions of this Act, for decision from his own file to any officer subordinate to him competent to decide such case or class of cases or may withdraw any case or class of cases from any such officer and may deal with such case or class of cases himself or refer the same for disposal to any other officer subordinate to him and competent to decide such case or class of cases. 80-C. Power to make interlocutory order - When an application for appeal, revision or review is made to State Government, or Registrar 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 application, as the case may be, as may appear to it/him to be just and convenient, or make such orders as may be necessary for the ends of justice; or to prevent the abuse of the legal procedure. 80-D. Stay of execution of orders - (1) An officer who has passed any order or his successor in office may, at any time before the expiry of the period prescribed for appeal or revision, direct the execution of such order to be stayed for such time as may be required for filing an appeal or revision and obtaining any order from the appellate or revisional authority. (2) The authority exercising the powers conferred by section 77, section 78 or section 80 may direct the execution of the order under appeal or revision or review to be stayed for such time as it may think fit. (3) The officer or authority directing the execution of an order to be stayed may impose such conditions or order such security to be furnished as he or it thinks fit."