Chapter XIV APPEALS, REVISION AND REVIEW

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104. Appeal to the Registrar and the State Government

Statutory text

(1) An appeal may lie, under this section, to the State Government against an order or decision passed by the Registrar and to the Registrar against an order or decision passed by an officer subordinate to the Registrar or by any other person, to whom powers of the Registrar have been conferred or delegated under sub-section (2) of section 4. Explanation :- For the purpose of this sub-section, Registrar shall not include any other person except the Registrar appointed by the State Government under sub-section (1) of section 4 and an Additional Registrar exercising the appellate powers of the Registrar under this section.
(2) Any person aggrieved by -
- (a) an order of the Registrar made under sub-section (2) of section 6 refusing registration of a co-operative society,
- (b) an order of the Registrar made under sub-section (3) of section 10 refusing registration of an amendment of the byelaws of a co-operative society,
- (c) an order of refusal passed by the Registrar under sub-section (2) of section 12,
- (d) 79[x x x]
- (e) an order of surcharge made by the Registrar under section 57,
- (f) an order made by the Registrar under section 61, directing the winding up of a co-operative society,
- (g) an order made by the Liquidator of a society, in exercise of the powers conferred on him by section 64 with respect to matters specified in the rules,
- (h) an order made by the Registrar under section 100, may, within ninety days from the date of order or decision, appeal to the authority specified under sub-section (1).
(3) The State Government or the Registrar, as the case may be, may, after calling for the record and giving the appellant an opportunity of being heard, confirm, vary or reverse the order appealed against, or remand the case for disposal with such directions as it thinks fit.
(4) Pending an appeal under this section, the State Government or the Registrar, as the case may be, may make such interlocutory orders as he may think fit in the interest of justice.

Chapter XIV APPEALS, REVISION AND REVIEW

105. Constitution of and appeals to the Tribunal.

Statutory text

(1) The Government shall constitute a Tribunal, called Rajasthan State Cooperative Tribunal to exercise the powers and carry out the functions conferred on the Tribunal by or under this Act.
(2) The Tribunal shall consist of a Chairman and two other members to be appointed by the State Government.
(3) The Chairman of the Tribunal shall be an officer of the Rajasthan Higher Judicial Service of the rank of District and Sessions Judge of selection grade.
(4) One member of the Tribunal shall be an Additional Registrar of the Rajasthan State Co-operative Service.
(5) Another member of the Tribunal shall be either a distinguished advocate who has atleast 15 years experience in the cooperative law or a co-operator who has atleast 20 years experience in the field of co-operation and is a law graduate and has hold an office in any of the State or National Level Co-operative societies for not less than two times.
(6) The Chairman and members of the Tribunal shall ordinarily, subject to the attainment of the age of superannuation, be appointed for a period of five years. The advocate member shall not continue to be the member of the Tribunal after attaining the age of sixty years.
(7) The other conditions of service and procedure for selection of the Chairman and Members of the Tribunal shall be such as may be prescribed by the State Government from time to time.
(8) Any vacancy other than a casual vacancy in the membership of the Tribunal shall be filled by the Government.
(9) Subject to the previous sanction of the 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. The regulations shall come into force on the date of their publication in the Official gazette.
(10) Any person aggrieved by -
- (a) an order removing a member of the committee of a cooperative society under section 30 or an order debarring a member from election or appointment to a Committee under 80[ sub-section (12) of section 28], or
- (b) any decision of the Registrar made under clause (a) or subsection (1) of section 60, or
- (c) any decision of the person invested by the Government with powers in that behalf under clause (b) of sub-section (1) of section 60, or
- (d) any award of an Arbitrator under clause (c) of sub-section (1) of section 60, or
- (e) any order made under 81 Section 101 with a view to prevent any delay or obstruction in the execution of any decision or award that may be made under section 60,
- (f) any decision passed by the State Government or the Registrar, as the case may be, in an appeal made under section 104, 82[ (g) any decision passed by the Registrar under Section 125, may within ninety days from the date of the decision, award or order, as the case may be, appeal to the Tribunal.] Explanation :- The Tribunal hearing an appeal under this Act shall exercise all the powers conferred upon an appellate court by section 97 and order XLI in the First Schedule to the Code of Civil Procedure, 1908 (Central Act 5 of 1908).
(11) Pending an appeal under sub-section (10), the Tribunal may make such interlocutory orders, as it may think fit in the interest of justice.

Chapter XIV APPEALS, REVISION AND REVIEW

106. Review of orders by Tribunal

Statutory text

(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 thereto 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 for 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 for any other sufficient reason: Provided further that no such order shall be made under this subsection 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 the communication of the order of the Tribunal.

Chapter XIV APPEALS, REVISION AND REVIEW

107. Power of revision of the Government and the Registrar. -

Statutory text

(1) The Registrar, in case where action has been taken by any officer subordinate to the Registrar and the State Government, in case where action has been taken by the Registrar, may, on their own motion or on an application of any aggrieved person, call for and examine the record of any inquiry or the proceedings of all such matters in which an action has been taken under this Act, except those in which an appeal lies to the Tribunal, for the purpose of satisfying themselves as to the legality or propriety of any decision or order passed, and as to the regularity of the proceedings of such officer. If in any case, it appears to the State Government or the Registrar, that any decision or order or proceeding so called for should be modified, annulled or reversed, the State Government or the Registrar, as the case may be, may after giving persons affected a reasonable opportunity of being heard, pass such order thereon as it or he thinks just: Provided that every application to the Registrar or the State Government for the exercise of the powers under this section shall be preferred within ninety days from the date on which the proceedings, decision or order to which the application relates was communicated to the applicant: 83[ Provided further that the Registrar or the Government shall not exercise the powers under this sub-section in case in which an appeal lies to him or it, as the case may be, under this Act.] Explanation :- For the purpose of this sub-section every person appointed to assist the Registrar and exercising all or any of the powers of the Registrar under sub-section (2) of section 4, shall be deemed subordinate to the Registrar.
(2) Pending the hearing under sub-section (1), the State Government or the Registrar may pass such interlocutory order as it or he thinks fit to prevent the ends of justice from being defeated.

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