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State of Sikkim - Section

Section 98 in Sikkim Co-Operative Societies Act, 1978

98. Appeals.

- An appeal shall lie under this section against(a)an order of the Registrar made under sub-section (2) of section 8 refusing to register a society;(b)an order of the Registrar made under sub-section (4) of section 11 refusing to register an amendment of the bye-laws of a co-operative society;(c)a decision of a society other than a primary agricultural credit society, refusing to admit any person as a member of the society who is otherwise duly qualified for membership under the bye-laws of that society;(d)a decision of a society expelling any of its members;(e)an order of the Registrar removing the committee of a society made under section 39;(f)an order made by the Registrar under section 68 apportioning the cost of an enquiry held or an under section 66 inspection made under section 67;(g)any order of surcharge under section 70;(h)any decision or award made under section 73;(i)an order made by the Registrar under section 75 the winding up directing the winding up of a society;(j)any order made by the liquidator of a society in exercise of the powers conferred on him by section 77;(k)any order made under section 13.
(2)
(a)An appeal against any decision or order under sub-section (1), excepting those mentioned in clauses (c) and (d), shall be made to the Government within sixty days from the date of the decision or the order; and
(b)the appeal against any decision of a society mentioned in clauses (c) and (d) of sub-section (1) shall be made to the Registrar within sixty days from the date of such decision;
(3)No appeal shall lie under this section from decision or order made by the Registrar in appeal any;
(4)The Government or the Registrar, to whom an appeal is made under sub-section (2) may call for and examine the record relating to the matter appealed, for the purpose of satisfying itself or himself as to the legality or propriety of any decision or order passed and if in any case it appears to the Government or the Registrar, as the case may be, that any such decision or order should be modified, annulled or reversed, the Government or the Registrar, as the case may be, may pass such order thereon as he may deem fit.