Chapter XIII Chapter XIII

(1)The Government shall constitute a single member Tribunal to exercise the powers and discharge the functions conferred on the Tribunal under this Act. (2)A person shall not be qualified for appointment as a member of the Tribunal unless he is or has been holding the post of a District Judge in the State. (3)The term, salary and allowances and other conditions for service of the member shall be such as may be decided by Government from time to time. (4)The Government shall make rules for regulating the procedure and disposal of the business of the Tribunal.

Every proceeding pending before the Tribunal immediately before the commencement of this Act shall stand transferred to and will be decided by the Tribunal constituted under this Act: Provided that all such proceedings relating to orders passed by the Registrar under sections 32 and 33 of the Act, shall be sent to the Government for their decision. Explanation.- ‘Proceeding’ includes any appeal, revision petition or application for review.

(1) Any person aggrieved by.- (a)an award of the Co-operative Arbitration Court under sub-section (1) of section 70; or (b)an order of the Registrar made under clause (ii) of sub-section (8) or clause (ii) of sub-section (9) of section 14; or (c)any decision of the Registrar made under sub-section (6) of section 70; or (d)any decision under sub-section (6) of section 70 of the person invested with powers in that behalf by the Government; or (e)any award of the arbitrator under sub-section (6) of section 70, may, within sixty days from the date of such decision or award, as the case may be, appeal to the Tribunal and the Tribunal may pass such orders on the appeal, as it may deem fit. (1A)The Tribunal shall pass an order under sub-section (1) within six months with direction to communicate the copies thereof within fifteen days to the parties thereof. (2) An order passed by the Tribunal under sub-section (1) shall be final.

(1) An appeal shall lie under this section against- (a)an order of the Registrar made under sub-section (2) of section 7 refusing to register a society; or (b)an order of the Registrar made under sub-sections (4) and (6) of section 12 refusing to register an amendment of the bye-laws of a society; or (c)a decision of a society refusing to admit any person as a member of the society or expelling any member of the society; or (d)an order made by the Registrar under section 67 apportioning the cost of inquiry held under section 65 or an inspection made under section 66; or (e)an order of surcharge made by the Registrar under section 68; or (f)an order made by the Registrar under section 71 directing the winding up of a society; or (g)any order made by the Liquidator of a society in exercise of the powers conferred on him by section 73; or (h)any order made under section 76; or (i)an order for attachment of any property made by the Registrar under section 78; or (j)any order made by any person exercising all or any of the powers of the Registrar. (2)An appeal under sub-section (1) shall be made within sixty days from the date of the order or decision,— (a)If the order or decision was made by the Registrar, to the Government; and (b)in other cases, the Registrar, and the Government or the Registrar, as the case may be, may pass such order on the appeal as they or he may think fit.

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 revised, the Tribunal may pass such order thereon as it may deem fit: Provided that the Tribunal shall not take any action under this section if— (a)the time for appeal against the decision or order has not expired; or (b)the decision or order has been made the subject-matter of an appeal: Provided further that no order shall be made under this section unless notice has been given to all interested parties and they have been given a reasonable opportunity of being heard.

(1) 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 there to such order as it thinks fit: Provided that no such application shall be entertained unless the Tribunal is satisfied that there has been a 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 its order was made or that there has been some mistake or error apparent on the face of the record or that there is any other sufficient reason for reviewing its order: Provided further that no such order shall be made under this sub-section unless notice has been given to all interested parties and they have been given a reasonable opportunity of being heard. (2) 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.

Where an appeal is made to the Tribunal under section 82 or where the Tribunal call for the record of a case under section 84, it may, in order to prevent the ends of justice being defeated, make such interlocutory order pending the decision of the appeal or revision as it may deem fit.

(1) The Registrar may of his own motion or on application call for and examine the record of any officer subordinate to him not being an officer exercising the powers of the Registrar, and the Government may of their own motion or on application call for and examine the record of the Registrar including any officer exercising the powers of the Registrar, in respect of any proceeding, not being a proceeding in respect of which an appeal to the Tribunal is provided by section 82, to satisfy himself or themselves as to the regularity of such proceedings, or the correctness, legality or propriety of any decision passed or order made thereon, and if, in any case it appears to the Registrar or the Government that any such decision or order should be modified, annulled, reversed or remitted for reconsideration, he or they may pass orders accordingly: Provided that every application to the Registrar or the Government for the exercise of the powers under this section shall be preferred within three months from the date on which the proceeding, decision or order to which the application relates was communicated to the applicant. (2)No order prejudicial to any person shall be passed under sub-section (1) unless such person has been given an opportunity or making his representation. (3)The Registrar or the Government, as the case may be, may suspend the execution of any decision or order pending the exercise of his or their power under sub-section (1) in respect thereof. (4)The Registrar or the Government may award costs in proceedings under this section to be paid either out of the funds of the society or by such party to the application for revision as the Registrar or the Government may deem fit.