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[Cites 0, Cited by 429] [Entire Act]

State of Tamilnadu - Section

Section 152 in The Tamil Nadu Co-Operative Societies Act, 1983

152. Appeals.

(1)Any person aggrieved by-
(a)any decision or award passed or order made or proceedings taken under sub-section (1) of section 87, sub-section (2), sub-section (3) or sub-section (4) of section 90, section 118, section 119, section 143, section 144 or section 167; or
(b)any award of an Arbitrator or Arbitrators under sub-section (2) or subsection (3) of section 90; or
(c)any award of an Arbitrator under section 100, may appeal to the Tribunal:
Provided that nothing contained in clause (a) or clause (b) of this sub-section shall apply to-
(i)any decision, order or award under sub-section (2), sub-section (3) or sub-section (4) of section 90 in respect of any matter relating to, or in connection with, the constitution of a board including any election thereto; or
(ii)any decision, order or award under sub-section (2), sub-section (3) or sub-section (4) of section 90 in respect of any matter relating to, or in connection with, any matter not being a money claim;
(iii)any order of transfer, reference, withdrawal or re-transfer of a dispute under sub-section (2) or sub-section (3) of section 90.
(2)
(a)Any person aggrieved by any-
(i)decision under section 7, sub-section (4) of section 23, sub-section (6) of section 34; or
(A)the Registrar for the State to the Government; or
(B)any other person, to the Registrar.
(ii)refusal to register the society under section 9 or the amendment of the bye-laws under section 11; or
(iii)registration of amendment of the bye-laws under sub-section (2) of section 12; or
(iv)approval of, or refusal lo approve, the expulsion of a member under sub-section (2) of section 25, the proposal to take loan under clause (c) of subsection (1) of section 105, the decision of the board under clause (ii) of subsection (1) of section 106, the regulations under section 108 or the removal of a member under the proviso to section 109; or
(v)order under section 14, clause (ii) of sub-section (2) of section 21, section 36, sub-section (1) of section 88, sub-section (1) of section 89, section 137 or section 181, may appeal if such decision, refusal, registration, approval or refusal to approve or order is that of-
Explanation. - For the purposes of this clause, "person aggrieved" means in relation to section 11 or section 12, the registered society.
(b)Any person, who is refused admission to a registered society under sub-section (2) of section 21 or who is aggrieved by any order of the liquidator under section 139, may appeal to the Registrar.
(3)Any appeal under sub-section (1) or sub-section (2) shall, subject to the other provisions of the Act, be preferred within sixty days from the date of communication of the decision, order, award, refusal, registration or approval complained of, but the appellate authority may admit an appeal preferred after the said period of sixty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period.
(4)In disposing of an appeal under this section, the appellate authority may, after giving the parties an opportunity of making their representations, pass such order thereon as the appellate authority may deem fit.
(5)Subject to the provisions of sections 153 and 154, the decision or order of the appellate authority on appeal shall be final.
(6)The appellate authority may pass such interlocutory order pending the decision on the appeal as the appellate authority may deem fit.
(7)The appellate authority may award costs in any proceedings before the appellate authority to be paid either out of the funds of the registered society or by such party to the appeal as the appellate authority may deem fit.