DEPARTMENT OF CO-OPERATION ACT

APPEALS TO THE TRIBUNAL:

    ANY PERSON AGGRIEVED BY,

  1. Any decision of the Registrar made under clause (a) of sub-section (1) of section 71; or
  2. Any decision of the person invested by the State Government with powers in that behalf under clause (b) of sub-section (1) of section 71; or
  3. Any award of an Arbitrator under clause (c) of sub-section (1) of section 71; or
  4. Any determination of a Liquidator under clauses (f) of subsection (2) of section 74; or
  5. Any order made under section 103 with a view to preventing any delay or obstruction in [the execution of any order, decision or award that may be made under sections 69 and 71]; or

    (i)Substituted by Act 25 of 1998 w.e.f. 15.08.1998.

  6. Any order passed under section 69;

    (i) Inserted by Act 19 of 1976 w.e.f. 20.01.1976.

  7. May be, within sixty days from the date of the decision, award or order, as the case may be, appeal to the Tribunal.

Appeal:

An appeal against the decision or award made under section 41, shall lie before the Karnataka Co-operative Appellate Tribunal constituted under section 2B of the Karnataka Co-operative Societies Act, 1959.

Revision by Tribunal

Subject to the provisions of Section 108-A, the Tribunal may suo motu or on application of any person aggrieved 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 property 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.

CASE LAW

Section 107 — Decision of Registrar under Section 70(3) is not revisable, as the decision is declared to be final. — (See Karnataka Co-operative Societies Act, Sections 70 and 107), (1975)2 Kar. L.J. 390.

Section 107 — Interlocutory order under Section 71(3) by Assistant Registrar is revisable. — (See Karnataka Co-operative Societies Act, Section's 71(3) and 107), (1975)2 Ka r. U. Jr. 23 Sh. N. 38.

Section 107 — No revision against an order declining permission to engage an advocate passed by a Disciplinary Authority or the Enquiry officer, is maintainable – Mahadevaiah v Enquiry officer, ILR 1985 Kar.2245.

Section 107 — Order of Deputy Commissioner under section 70(3) – Revision.

Venkatarmiah.J – The tribunal cannot entertain revision against an order passed by the Deputy Commissioner under section 70(3) of the Act. – Karnataka Tlk Agrl. Produce Co-operative Marketing Society Limited v Diwakar Hegde, (1975)2 Kar.L.J.Jr.50 sh.N.104.

Sections 107 and 70(1)(c) — Karnataka Appellate Tribunal Act, 1976, Section 15 — Karnataka Appellate Tribunal Regulations, Regulation 61(a) — Revision by Tribunal. Limitation for moving application for — In absence of any provision in Co-operative Societies Act prescribing period of limitation for moving such application, period of limitation prescribed in Regulations framed by Tribunal itself is-applicable Where period of limitation prescribed in said Regulations is 120 days, application for revision of Registrar’s award dated 31-5-1989 under–Section 70(1)(c) '51-to-operative Societies Act, moved by Society after 661 days from date of award is clearly barred by limitation.

Chandrashekaraiah, I., Held: Under Section 15 of the Tribunal Act, 1976 the Tribunal may by making regulations prescribe the period of limitation for the purpose of preferring appeals or applications to the Tribunal, in the absence of any express provision in the relevant enactment. Under the Act, no period of limitation has been prescribed for the purpose of preferring revision before the Tribunal under Section 107 of the Act. In the absence of such express provision providing for limitation, the period of limitation prescribed under the regulations is applicable. Under Regulation 61 of the Appellate Tribunal Regulations, the revision petition has to be filed within 190 days. . . In the case on hand there is a delay of 661 days in filing the revision petition before the Tribunal. Under Regulation 61(b) of the Regulations, the provisions of Sections 4, 5 and 12 of the Limitation Act, are made applicable to all appeals and petitions. Under this provision, the Tribunal is conferred with the power to condone the delay in preferring the appeal or petition provided there is a sufficient cause for condonation of delay in filing the appeal or revision. — Sri Malaprabtu2 Co- operative Sugar Factory Limited, M.I. Hubli, Taluk Bailhongal, Dist ict Belgaurn v Shivangouda Malagouda Patil and Others, 2000(3) Kar. L.J. 83A.

Appeal

(1) Any person aggrieved by an order of the director of agricultural marketing or authorized officer, be passed under sections 72-C and 72-D as the case may be, prefer an

(a) to the Director of Agricultural Marketing, where such order is passed by the Authorised Officer within thirty days of receipt of the order; and

(b) to the Karnataka Appellate Tribunal, where such order is passed by the Director of Agricultural Marketing within thirty days of receipt of the order, in such manner, as may be prescribed.

(2) The Appellate Authority, if it considers it necessary so to do, grant a stay of the order appealed against for such period as it may deem fit.

(3) The order passed by the Director of Agricultural Marketing or the Authorised Officer shall, subject to the order in the appeal under this section, be final.