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[Cites 0, Cited by 146] [Entire Act]

State of Karnataka - Section

Section 106 in Karnataka Co-Operative Societies Act, 1959

106. Appeals to other authorities.

(1)[Subject to the provisions of section 108A, an appeal shall lie under this section] [Substituted by Act 39 of 1975 w.e.f. 23.09.1975.] against,-
(a)an order of the Registrar made under sub-section (2) of section 7 refusing to register a co-operative society;
(b)[ an order of the Registrar made under sub-section (4) or sub-section (6) of section 12] [Substituted by Act 13 of 2004 w.e.f. 22.03.2004.]
(c)[ an order of the Registrar under section 17] [mitted by Act 40 of 1964 w.e.f. 26.06.1965 and again inserted by Act 13 of 2004 w.e.f. 22.03.2004.]
(d)an order of the Registrar under sub-section (2) of section 27;
[(d-1) an order of the Registrar under section 29C;] [Inserted by Act 70 of 1976 w.e.f. 19.07.1976.]
(e)an order of the Registrar removing the committee of a co-operative society made under section 30;
[(e-1) an order of Registrar appointing a special officer under sub-section (1) of section 31] [Inserted by Act 13 of 2004 w.e.f. 22.03.2004.]
(f)the seizure and impounding of books or property under section 66;
(g)an order made by the Registrar under section 67 apportioning the costs of an inquiry held under section 64 or an inspection made under section 65;
(h)an order of the Registrar under section 68;
(i)[ ***] [Omitted by Act 19 of 1976 w.e.f. 20.01.1976.]
(j)an order made by the Registrar under section 72 directing the winding up of a co-operative society;
(k)any order made by the Liquidator of a co-operative society in exercise of the powers conferred on him by section 74, other than a determination under clause (f) of sub-section (2) of that section;
(l)an order made by the Registrar under section 101; or
(m)an order for attachment of any property made by the Registrar under section 103 other than an order referred to in clause (e) of section 105.
(n)[ ***] [Inserted by Act 70 of 1976 w.e.f. 19.07.1976 and Omitted by Act 25 of 1998 w.e.f. 15.08.1998.]
(2)An appeal against any act, decision or order under sub-section (1) shall be made within sixty days from the date of the act, decision or order,-
(a)[ if the act, decision or order was made by the Registrar, to the State Government; [Substituted by Act 40 of 1964 w.e.f. 26.06.1965.]
(b)if the act, decision or order was made by any other officer, to that officer's immediate superior officer;]
[Provided that where the act, decision or order was made by the superior officer himself, the appeal shall lie to the next higher officer or authority and, if pending shall stand transferred to and be disposed by such next higher officer or authority.] [Inserted by Act 5 of 1984 w.e.f. 09.01.1984.][Provided further that 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] [Inserted by Act 24 of 2001 w.e.f. 05.09.2001.];[Explanation.- ***] [Omitted by Act 40 of 1964 w.e.f. 26.06.1965.]
(3)[ Where an appeal is preferred, the appellate authority may, in order to prevent the ends of justice being defeated, make such interlocutory orders pending the final decision of appeal as it may deem fit;
(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 it may deem fit] [Inserted by Act 24 of 2001 w.e.f. 05.09.2001.]