UPCOS Act 98अध्याय XIII · Appeal and Review

धारा 98 · Appeal against the awards, orders and decisions

(1)

An appeal against, -

(a)

an order of the Registrar made under sub-section (2) of Section 7 refusing to register a co-operative society;

(b)

[ an order of the Registrar under sub-section (3) of Section 12 refusing to register, or under sub-section (2) of Section 14 registering an amendment in the bye-laws of a co-operative society] [Substituted by U.P. Act No.1 of 1972. ];

(c)

a decision of co-operative society refusing to admit any person as a member of the society under sub-section (2) of Section 26 or expelling any member of the society under sub-section (1) of Section 27 [or an order passed under sub-section (1) of section 38 for removal of an officer from the office held by him or to disqualify him from holding any office] [Inserted by U.P. Act No. 17 of 1994 (w.e.f. 28.5.94) ];

(d)

an order of the Registrar under sub-section (2) of Section 27 expelling or removing a member or under sub-section (2) of Section 38 removing or disqualifying any officer of a co-operative society;

(e)

an order of the Registrar superseding the committee of management of a co-operative society under section 35;

(f)

an order made by the Registrar, under Section 67 apportioning the cost of an enquiry held under Section 65 or on inspection made under Section 66;

(g)

an order of surcharge made by the Registrar under Section 68;

(h)

an award made by an arbitrator or board of arbitrators under sub-section (1) or sub-section (2) of Section 71;

(i)

an order made by the Registrar, under Section 72 directing the winding up of a co-operative society;

(j)

any order made by the liquidator of a co-operative society in exercise of the powers conferred on him by clauses (b) and (g) of Section 74;

(k)

any order made by the Registrar on a question arising between the parties or proceedings under clauses (b) of Section 92 and of the nature referred to in Section 47 of the Code of Civil Procedure, 1908 (Act V of 1908) ;

(l)

an order for attachment of any property made by the Registrar under Section 94;

(m)

an order of the Registrar under Section 125 directing amalgamation or merger, or under Section 126 directing division;

(n)

an order passed by the Registrar under Section 128 annulling any resolution or cancelling any order, may, within thirty days of the communication of the order, decision or award to be appealed against, be preferred by the aggrieved party to the authorities mentioned in sub-section (2) in the manner prescribed

(2)

An appeal under [clauses (c), (d), (e), (f), (g), (k) and (l)] [Substituted by U.P. Act No. 17 of 1994 (w.e.f. 28.5.94)] of sub-section (1) shall be preferred to the Tribunal, and an appeal under [clauses (a), (b), (h), (i), (j), (m) and (n)] [Substituted by U.P. Act No. 17 of 1994 (w.e.f. 28.5.94)] of the said sub-section shall be preferred-

(a)

if the decision or the order was made by the Registrar, to the State Government; or

(b)

if the decision or order or award was made by any other person or authority, to the Registrar.

(c)

[ if the order or award was made on a dispute relating to an election, to the Tribunal] [ Inserted by U.P. Act No. 17 of 1994 (w.e.f. 28.5.94)].

(3)

Notwithstanding anything contained in clause (b) of sub- section (2), the State Government may by notification in the Gazette, direct that appeals against awards mentioned in clause (h) of sub-section (1) shall, in respect of such cases or class of cases, as may be specified in the said notification, lie to the Tribunal and thereupon any person aggrieved by such award, may appeal to the Tribunal.

(4)

The appellate authority after hearing an appeal under this Section may pass such orders as it may deem fit.

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