Section 132 in Himachal Pradesh Co-Operative Societies Rules, 1971
132. [ Constitution of Co-operative Appellate Tribunal. [Amended vide H.P. extra ordinary gazette dated 27th April, 1976.]
(1)The Co-operative Appellate Tribunal under section 108 of the Act, shall be called the Himachal Pradesh Co-operative Appellate Tribunal.(2)The Tribunal shall consist of the President and not more than three other members to be appointed by the Government, who shall possess the following qualifications :-(a)The President of the Tribunal, shall be a person who is qualified to be a judge of any High Court in India or is retired District Judge, or who has held the office of the Registrar, [or Additional Registrar] or Joint Registrar of Co-operative Societies for not less than five years under any State Government or a member of Indian Administrative Service who has been borne on the State Cadre for a period of not less than five years.(b)The other members of the Tribunal shall be persons who have held the office of the Registrar [or Additional Registrar] [Inserted vide notification No.Coop. A(3)-1/99-Vol.-I dated 25-7-2006 published in Rajpatra dated 27-7-06.] or Joint Registrar of Co-operative Societies for not less than three years under any State Government or a member of Administrative Service who has been borne on the State Cadre for a period not less than five years or as non-officials closely associated with the cooperative movement who possess legal qualification (a recognised degree in law) and experience.(3)Notwithstanding anything contained in sub-rule (2) a person shall be disqualified for being appointed as or for continuing as, President or a member of the Tribunal if he is, or becomes, a member of the committee of any society other than an educational society, a propagandist society or a federal society which is not a business institution.(4)(a)The President and each of the other members of the Tribunal shall hold office for such period not less than two years, as the State Government may by notification in the Official Gazette specify in his case, and shall be eligible for re-appointment.(b)Notwithstanding anything contained in clause (a), no person shall be eligible to continue to hold office of the President or a member of the Tribunal after he attains the age of sixty-five years.(c)The President or a member of the Tribunal may at any time resign his office.(d)The President or a member of the Tribunal may, with the previous permission of the State Government hold any other office, appointment or employment not inconsistent with his position on the Tribunal.(5)Notwithstanding anything contained in sub-rule (4), the State Government may terminate at any time, the appointment of the President or a member, if, in its opinion, such President or member is unable or unfit to continue to perform the duties of his office :Provided that no appointment shall be terminated under this sub-rule unless the person whose appointment is proposed to be terminated is given a reasonable opportunity of showing cause against such termination.(6)(a)If any vacancy in the membership of the Tribunal occurs by leave or absence, deputation, death, resignation, expiry of the period of appointment, termination of the appointment or for any other cause whatsoever, such vacancy shall be filled by the State Government by a person qualified for appointment under sub-rule (2) of this rule.(b)Till the vacancy in the office of President is filled on regular basis the Registrar, shall have the power to appoint the Chairman out of the existing members of the Tribunal :(7)The headquarters of the Tribunal shall be at Shimla or at such other place as may be notified by the State Government in the official Gazette.(8)The powers and functions of the Tribunal may be exercised and discharged by benches constituted by the President from amongst the members of the Tribunal including himself ;Provided that any interlocutory application may be heard by one or more members who may be present.(9)The Benches of the Tribunal shall consist of two or more members.(10)Where a matter is heard by three members the opinion of the majority shall prevail, and the decision shall be in accordance with the opinion of the majority. Where a matter is heard by an even number of members, and the members are equally divided, if the President be one of the members the opinion of the President shall prevail and in other cases the matter shall be referred to the President, and shall be decided in accordance with his decision.(11)Subject to the previous approval of the State Government, the Tribunal shall frame regulations consistent with the provisions of the Act and rules made thereunder, for regulating its procedure and the disposal of its business.(12)The regulations made under sub-rule (11) shall be published in the Official Gazette.]
