Section 77 in The M.P. Co-Operative Societies Act, 1960
77. Madhya Pradesh State Co-operative Tribunal.
- [(1) The State Government shall, by notification, constitute a Tribunal called the Madhya Pradesh State Co-operative Tribunal to exercise the powers and to discharge the functions conferred or imposed on the Tribunal by or under this Act and the Madhya Pradesh Swayatta Sahkarita Adhiniyam, 1999 (No. 2 of 2000)] [[Substituted by Section 2 of M.P. Ad No. 1 of 2002 [w.e.f. 24-12-2001]., Prior to substitution sub-section (1) reads as under:'(1) The State Government shall, by notification, constitute a Tribunal called the Madhya Pradesh State Co-operative Tribunal to exercise the powers and to discharge the functions conferred or imposed on the Tribunal by or under this Act.']].(2)The Tribunal shall consist of the Chairman and two other members.(3)(a)No person shall be qualified to be the Chairman of the Tribunal unless he had been a Judge of a High Court or has held the office of a District Judge for not less than five years.(b)Of the other two members, one shall be an officer of Co-operative Department not below the rank of joint Registrar and the other shall be non-official closely associated with the co-operative movement or an Advocate or a Pleader having practical experience in the co-operative movement for a period of not less than fifteen years :Provided that if the State Government thinks fit, tire Tribunal may consist of a single person.Explanation. - For the purpose of this sub-section "non official" shall mean a person who on the date of his appointment as a member, does not hold any office of profit under the Government of India or the Government of any State.(4)Notwithstanding anything contained in sub-section (1), a person shall be disqualified for being appointed as, or for being a Chairman or a member of the Tribunal, if he is a member of the Committee of any society other than a general body of a society.(5)(a)The Chairman and other members of the Tribunal shall hold office ordinarily for a period of not less than two years and not more than five years as the State Government may, by notification, specify in this behalf.(b)A person who has held office as the Chairman or a member, for a period mentioned in clause (a) shall be eligible for reappointment.(c)The Chairman or a member of the Tribunal may, at any time, resign his office.(d)The Chairman or a member of the Tribunal may with the permission of the State Government, hold any other office, appointment or employment not inconsistent with his position on the Tribunal.(6)Notwithstanding anything contained in sub-section (4) the State Government may terminate at any time, the appointment of the Chairman or a member if, in its opinion, such Chairman or member is unable or unfit to continue to perform the duties of his office :Provided that no appointment shall be terminated under this subsection unless the person whose appointment is proposed to be terminated is given reasonable opportunity of showing cause against such termination.(7)(a)If any vacancy occurs in the office of Chairman or member by leave, absence, deputation, death, resignation, expiry of the term of appointment, termination of the appointment or for any other cause, whatsoever, such a vacancy shall be filled by appointment of a person qualified for appointment under this section.(b)Till the vacancy in the office of the Chairman is filled under sub-section (1), the senior most member shall act as the Chairman of the Tribunal.(8)The head quarters of the Tribunal shall be at such place as may be notified by the State Government in the Gazette.(9)The powers and functions of the Tribunal may be exercised and discharged by Benches constituted by the Chairman 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.(10)Such Benches shall consist of two or more members.(11)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 Chairman be one of the members, the opinion of the Chairman shall prevail, and in other cases the matter shall be referred for hearing to the Chairman and shall be decided in accordance with his decision.(12)Subject to the previous sanction of the State Government, the Tribunal shall frame regulations consistent with the provisions of this Act and the rules made thereunder, for regulating its procedure and the disposal of its business.(13)The regulations made under sub-section (7), shall be published in the Gazette.(14)The Tribunal may suo motu or on the application of party, call for and examine the record of any proceedings in which no 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 Tribunal that any such decision or order should be modified, annulled or reversed, the Tribunal may pass such order thereon as it may deem just.(15)Where an appeal or application is made to the Tribunal under this Act, it may, in order to prevent the ends of justice being defeated, make such interlocutory orders pending the decision of the appeal or application, as the case may be, as 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 Tribunal.(16)An order in appeal, revision or review passed under this Act by the Tribunal, shall be final and conclusive, and shall not be called in question in any Civil or Revenue Court.(17)The Tribunal 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 to the Code of Civil Procedure, 1908 (No. V of 1908).
