Section 109 in The Orissa Co-operative Societies Act, 1962
109. Appeals.
(1)An appeal shall lie under this section against the following orders and decision, namely :(a)an order of the Registrar made under Sub-Section (2) of Section 7 refusing to registrar a Society;(b)[ an order of the Registrar made under Sub-Section (4) of Section 12 refusing to register an amendment of the Bye-Laws of a Society, or an order made under Sub-Section (6) of that section registering an amendment of such Bye-Laws;] [Substituted by Orissa Act 5 of 1970 Section 15-See Orissa Gazette Extraordinary dated 11.10.1983.](c)[ an order directing re-organisation or amalgamation under Sub-Section (1) of Section 14-A;] [Substituted by Orissa Act No. 19 of 1983 Section 24 (a)-See Orissa Gazette Extraordinary dated 5.3.1970.](d)[ a decision of a Society refusing to admit any person as a member of the Society or expelling any member of the Society] [Substituted by Orissa Act 5 of 1970 Section 15-See Orissa Gazette Extraordinary dated 11.10.1983.] [* * *] [Deleted by Orissa Act 25 of 1975 Section 4 (a)-See Orissa Gazette Extraordinary dated 16.5.1975.];[(d-1) an order of the Registrar passed under Sub-Section (2-a) of Section 16;] [Inserted by Orissa Act 25 of 1975 Section 4 (a)-See Orissa Gazette Extraordinary dated 16.5.1975.](e)[ an order of the Registrar passed under Sub-Section (5) of Section 28; [Substituted by Orissa Act 28 of 1991, Section 14 (i) dated 31.12.1991, [(Clause (i) force w.e.f. 25.5.1999) force w.e.f. 1.5.1993](f)an order of the Registrar disqualifying or removing an office-bearer or a Committee of a Society under Section 32;(g)an order of suspension of an Officer or office-bearer of a Society passed under Section 62 or Section 64 or Section 65;](h)an order made by the Registrar under Section 66, apportioning the cost of an enquiry held under Section 65 or an inspection made under Section 64;(i)an order of surcharge made by the [Auditor-General] [Substituted by Orissa Act 28 of 1991, Section 14 (i) dated 31.12.1991, [(Clause (i) force w.e.f. 25.5.1999) force w.e.f. 1.5.1993] under Section 67;(j)a decision or award under Section 70;(k)an order made by the Registrar under Section 72 directing winding up of a Society;(l)any order made by the Liquidator of a Society in exercise of the powers conferred on him under Section 75;(m)an order made by the [Registrar] [Amended by Orissa Act No. 11 of 2004 (O.G.E. No. 1832 dated 27.12.2004).] under Section 103;(n)an order for attachment of any property made [* * *] [Omitted by Orissa Act No. 11 of 2004, force w.e.f. 25.5.1999.] under Section 105; or[(n-1) a reference of the Auditor General of Co-operative Societies, Orissa made under Section 112-A] [Inserted vide O.G.E. No. 1832 dated 27.12.2004, Section 13 (i) (O.A. No. 11 of 2004).];(o)any other order or decision as may be prescribed.(2)[ An appeal under Sub-Section (1) shall be made within sixty days from the date of pronouncement or communication of the order or decision, as the case may be, to-(a)[ the Tribunal, if it is an order or decision specified in Clauses (e), (f), (i), (j), (k), (l), (m) [(n) and (n-1)]; and](b)such authority as may be prescribed, if it is an order or decision specified in clause other than those specified in Clause (a);][* * *] [Omitted by Orissa Act 28 of 1991, Section 13 (ii) & Section 50 dated 31.12.1991][* * *] [Omitted by Orissa Act 19 of 1983 Section 24 (c)-See Orissa Gazette Extraordinary dated 11.10.1983.](3)No appeal shall lie under this section from any decision or order made by the State Government or the Registrar in appeal, as the case may be.(4)An appeal against an order specified in Clause (a) or (b) of Sub-Section (1) [* * *] [Omitted by Orissa Act 19 of 1983 Section 24 (c)-See Orissa Gazette Extraordinary dated 11.10.1983.] shall be disposed of within two months from the date of filing of the appeal.(5)[ No appeal against a decision or award requiring payment of an amount of rupees two thousand or more shall be entertained under Clause (j) of Sub-Section (1) unless the appellant deposits fifty per cent of such amount with the appellate authority :Provided that the appellate authority may, for reasons to be recorded in writing, reduce the aforesaid amount in any case.] [Inserted by Orissa Act 19 of 1983 Section 24 (d)-See Orissa Gazette Extraordinary dated 11.10.1983.]Notes - [Transitory provisions - (1) All proceedings relating to disputes connected with election of any officer an apex Society and all appeals against the orders and decisions specified in Clauses (e), (f) (i), (j), (m) and (n) of Sub-Section (1) of Section 109 of the Principal Act, which are pending before any authority on the date of constitution of the Tribunal under Section 67-A of the Principal Act shall stand transferred to and shall be disposed of by Tribunal in accordance with law. [Transitory provisions of Orissa Act 19 of 1982-See Orissa Gazette Extraordinary dated 11.10.1983.](2)Pending constitution of the Tribunal, all disputes and appeals specified in Sub-Section (1) shall be entertained and disposed of by the prescribed authority as if this Act has not come into force.]
