Section 149 in The Maharashtra Co-Operative Societies Act, 1960
149. Maharashtra State Co-operative [Appellate Court] [These words were substituted for the word 'Tribunal', by Maharashtra 3 of 1974, Section 38(e).].
- [(1) A Court to be called the Maharashtra State Co-operative Appellate Court is hereby constituted to exercise the powers and to discharge the functions conferred on it by or under this Act.] [Sub-section (1) was substituted by Maharashtra 3 of 1974, Section 38(a).](2)The [Co-operative Appellate Court] [These words were substituted for the word 'Tribunal', by Maharashtra 3 of 1974, 38(c).] shall consist of the President, [and such number of other members as the State Government may from time to time consider necessary, who possess] [These words were substituted for the words 'and not more than three other members possessing' by Maharashtra 27 of 1971, Section 3.] such qualifications as may be prescribed. [The President and other members shall hold office for such period or such different periods as may be prescribed.] [These words were inserted by Maharashtra 3 of 1974, Section 38(6).](3)Any vacancy in the membership of the [Co-operative Appellate Court] [These words were substituted for the word 'Tribunal', by Maharashtra 3 of 1974, 38(c).] shall be filled by the State Government.(4)[ All or any of the powers and functions of the Co-operative Appellate Court may be exercised and discharged by any of its members sitting singly or in Benches, as may be determined by the President.] [Sub-section (4) was substituted for the original by Maharashtra 36 of 1975, Section 12(c).](5)Such Benches shall consist of two or more members.(6)Where a matter is heard [by an odd number of members constituting a Bench] [These words were substituted for the words 'by three members' by Maharashtra 36 of 1975, Section 12(6).] the opinion of the majority shall prevail, and the decision shall be in accordance with the opinion of the majority. Where a mater 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 for hearing to the President, and shall be decided in accordance with his decision.(7)Subject to the previous sanction of the State Government, the [Co-operative Appellate Court] [These words were substituted for the word 'Tribunal', by Maharashtra 3 of 1974, 38(c).] shall frame regulations consistent with provisions of this Act and rules made thereunder, for regulating its procedure and the disposal of its business.(8)The regulations made under sub-section (7), shall be published in the Official Gazette.(9)The [Co-operative Appellate Court] [These words were substituted for the word 'Tribunal', by Maharashtra 3 of 1974, 38(c).] may call for and examine the record of any proceeding in which an appeal lies to it, for the purpose of satisfying itself as to the legality or propriety of any decision or order passed. If in any case, it appears to the [Co-operative Appellate Court] [These words were substituted for the word 'Tribunal', by Maharashtra 3 of 1974, 38(c).] that any such decision or order should be modified, annulled or reversed, the [Co-operative Appellate Court] [These words were substituted for the word 'Tribunal', by Maharashtra 3 of 1974, 38(c).] may pass such order thereon as it may deem just.(10)Where [an appeal or application is made to the [Co-operative Appellate Court] [These words were substituted for the words 'and appeal is made to the Tribunal under section 97' by Maharashtra 33 of 1963, Section 29(a).] under this Act, it may, in order to prevent the ends of justice being defeated, make such interlocutory order pending the decision of the appeal [or application as the case may be] [These words were Inserted by Maharashtra 20 of 1986, Section 29(b).], may appear to it to be just and convenient, or such orders as may be necessary for the ends of justice, or to prevent the abuse of the process of the [Co-operative Appellate Court] [These words were substituted for the word 'Tribunal', by Maharashtra 3 of 1974, 38(c).].(11)An order passed in appeal, or in revision under sub-section (9), or in review under section 150 by the [Co-operative Appellate Court] [These words were substituted for the word 'Tribunal', by Maharashtra 3 of 1974, 38(c).], shall be final and conclusive, and shall be not called in question in any Civil or Revenue Court.(12)[ (a) The President and other members of the Maharashtra State Co-operative Tribunal functioning immediately before the commencement of the Maharashtra Co-operative Societies (Third Amendment) Act, 1973, shall be deemed, respectively to be the President and other Members of the Maharashtra State Co-operative Appellate Court constituted for the purpose of this Act; and all appeals and other proceedings pending before the said Tribunal shall be heard and disposed of by the said Court from the stage they reached before such commencement.(b)Anything done or any action taken (including any orders passed or regulations made) by the said Tribunal, shall be deemed to have been done or taken by the said Court and shall continue in operation until duly modified or annulled.(c)Any reference to the said Tribunal in any law or instrument, for the time being in force, shall, with effect from the commencement of the Maharashtra Co-operative Societies (Third Amendment) Act, 1973, be construed as a reference to the said Court].Explanation. - The [Co-operative Appellate Court] [These words were substituted for the word 'Tribunal', by Maharashtra 3 of 1974, 38(c).] hearing an appeal under this Act shall exercise all the powers conferred upon an appellate court by section 97 and Order XLI in the First Schedule of the Code of Civil Procedure, 1908.
