Section 152 in The Maharashtra Co-Operative Societies Act, 1960
152. Appeals.
(1)An appeal against an order or decision [under sections 4, 9, 11, 12, 13, 14, 17, 18, 19, 21 21A, 29, 35, 77A, [78, [78A] [These words figures and letters were substituted for the words and figures 'under sections 4, 9, 12, 13, 14, 17, 18, 19, 21, 29, 35, 78, and 105' by Maharashtra 10 of 1988, Section 30.] 79, 88, and 105 including against an order for paying compensation to a society [and sections 154B-2, 154B-3, 154B-9 and 154B-27] [Inserted by Maharashtra Act No. 23 of 2019, dated 23.7.2019.]] [Sub-section (12) was added by Maharashtra 3 of 1974, Section 38(d).]] shall lie,-(a)if made or sanctioned or approved by the Registrar, or the Additional or Joint Registrar on whom the powers of the Registrar are conferred, to the State Government,(b)if made or sanctioned by any person other than the Registrar, or the Additional or Joint Registrar on whom the powers of the Registrar are conferred, to the Registrar:[Provided that, no order of stay shall be issued in respect of the recovery of the dues under the award issued by the Liquidator unless fifty per cent, of the amount stated in the award is deposited with the society by the Appellant.] [This proviso was inserted by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 74(a), (w.e.f. 14-2-2013).](2)[ Where an appeal against an order or decision to the Co-operative Appellate Court has been provided under this Act, it shall lie to the Co-operative Appellate Court] [Sub-section (2) was substituted by Maharashtra 13 of 1994, Section 12(b).].(3)An appeal under sub-section (1) or (2) shall be filed within two months of the date of the communication of the order or decision.(3A)[ The Appellate Authority, in order to prevent the ends of justice being defeated, may pass such interim orders including order of stay against the impugned order, pending the decision and final hearing of the Appeal:Provided that, if any interim order has been passed by the Appellate Authority without hearing the other side, the Appellate Authority shall decide such application within a period of three months and pass the necessary orders on merits after giving an opportunity of being heard and for the reasons to be recorded in writing.] [Sub-section (3A) was inserted by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section '74(b), (w.e.f. 14-2-2013).](4)[ Save as expressly provided, no appeal shall lie against any order, decision or award passed in accordance with the provisions of this Act; and every such order, decision or award shall, whether expressly provided or not, be final, but shall always be subject to the provisions for revision in this Act; and where an appeal has been provided for, any order passed on appeal shall likewise be final, but be subject to such revision provisions] [Sub-section (4) was substituted for the original by Maharashtra 37 of 1965, Section 2 and the said sub-section shall be deemed always to have been enacted in this form.].(5)[ The State Government may, by order published in the official Gazette, direct that the powers conferred on it by this section, in circumstances and under such condition if any, as may be specified in the direction, be exercised also by an officer of the rank of Secretary to Government.] [Added by Maharashtra Act No. 14 of 2018, dated 17.1.2018.]
