Appeals to other authorities

It is proposed to amend section 106 by providing appeals against the orders passed under section 28A(5), 99, 105A and 111 and lay down the appellate authorities specifically. It is also proposed to stipulate that 25% of the amount due shall be deposited before filing an appeal and that the appeal shall be decided within a period of twelve months which may be extended upto eighteen months. (1) Subject to the provisions of section 108A, an appeal shall lie under this section against,— (a) an order of the Registrar under section 7; (b) an order of the Registrar under section 12; (c) an order of the Registrar under section 17; (d) an order of the Registrar under sub-section (2) of section 27; (d-1) an order of the Registrar made under section 28A(5); (d-2) an order of the Registrar under section 29C; (e) an order of the Registrar made under section 30; (e-1) an order of Registrar under sub-section (1) of section 31; (f) the seizure and impounding of books or property under section 66; (g) an order made by the Registrar under section 67 apportioning the costs of an inquiry held under section 64 or an inspection made under section 65; (h) an order of the Registrar under section 68; (i) [Omitted] (j) any order made by the Registrar under section 72; (k) any order made by the Liquidator of a co-operative society in exercise of the powers conferred on him by section 74, other than a determination under clause (f) of sub-section (2) of that section; (k-1) an order made by the Registrar under section 99; (l) an order made by the Registrar under section 101; or (m) an order for attachment of any property made by the Registrar under section 103 other than an order referred to in clause (e) of section 105. (n) an order made by the Registrar under section 105A; (o) an order of the Registrar made under section 111; (2) An appeal against any act, decision or order under sub-section (1) shall be made within sixty days from the date of the act, decision or order,— (a) If the act, decision or order was made by the Assistant Registrar, to the jurisdictional Deputy Registrar; (b) If the act, decision or order was made by the Deputy Registrar, to the jurisdictional Joint Registrar; (c) If the act, decision or order was made by the Joint Registrar, to the jurisdictional Additional Registrar or to the Registrar, as the case may be; (d) If the act, decision or order was made by the Additional Registrar, to the Registrar; (e) If the act, decision or order was made by the Registrar, to the State Government. (1) An appeal shall lie under this Act against,— (e-1) an order of Registrar under sub-section (1) of section 31; (f) the seizure and impounding of books or property under section 66; (g) an order made by the Registrar under section 67 apportioning the costs of an inquiry held under section 64 or an inspection made under section 65; (h) an order of the Registrar under section 68; (i) x x x; (j) an order made by the Registrar under section 72; (k) any order made by the Liquidator of a co-operative society in exercise of the powers conferred on him by section 74, other than a determination under clause (f) of sub-section (2) of that section; (k-1) an order made by the Registrar under section 99; (l) an order made by the Registrar under section 101; or (m) an order for attachment of any property made by the Registrar under section 103 other than an order referred to in clause (e) of section 105; (n) an order made by the Registrar under section 105A; (o) an order of the Registrar made under section 111. (2) An appeal against any act, decision or order under sub-section (1) shall be made within sixty days from the date of the act, decision or order, (a) If the act, decision or order was made by the Assistant Registrar, to the jurisdictional Deputy Registrar; (b) If the act, decision or order was made by the Deputy Registrar, to the jurisdictional Joint Registrar; (c) If the act, decision or order was made by the Joint Registrar, to the jurisdictional Additional Registrar or to the Registrar, as the case may be; (d) If the act, decision or order was made by the Additional Registrar, to the Registrar; (e) If the act, decision or order was made by the Registrar, to the State Government. Provided further that the appellate authority may admit an appeal preferred 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; Explanation.- x x x (3) Where an appeal is preferred, the appellate authority may, in order to prevent the ends of justice being defeated, make such interlocutory orders pending the final decision of appeal as it may deem fit; (4) In disposing of an appeal under this section the appellate authority, may after giving the parties an opportunity of making their representations, pass such order thereon as it may deem fit. (5) The appeal shall be decided within a period of twelve months excluding the period of stay granted by a Court if any. However, the Registrar may for the reasons to be recorded in writing extend the period not exceeding eighteen months. Provided that the State Government shall, on a report made by the Registrar, may extend the period beyond eighteen months if it is satisfied that, there are genuine/valid grounds for such extension. (6) No appeal against an order for execution of an order, decision or award for payment of money shall be entertained by the Appellate Authority under sub-section(1) unless it is accompanied by satisfactory proof for having deposited with the concerned society, twenty five percent of the amount in terms of the order, decision or award. After the disposal of the appeal, the amount so deposited shall be adjusted towards the amount payable by the appellant and in case no amount is required to be paid by the Appellant, the amount so deposited shall be refunded to him by the Society.