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Section 112

DCS Act 2003Union territory Act of Delhi · Act 149 of 2005

(1) Subject to the provisions of section 113, an appeal shall lie under this section against-

(a) an order of the Registrar made under sub-section (2) of section 9 refusing to register a co-operative society;

(b) an order of the Registrar made under sub-section (4) of section 12 refusing to register an amendment of the bye-laws of a cooperative society;

(c) an order of the Registrar made under sub-section (1) of section 17;

(d) disputes relating to election under section 35;

(e) an order of the Registrar removing the committee of a cooperative society made under section 37;

(f) a decision of a co-operative society expelling any of its member under section 40;

(g) an order made by the Registrar under section 64 apportioning the cost of an inspection held under section 61 or an inquiry made under section 62;

(h) an order of surcharge under sub-section (2) of section 66;

(i) any decision made under section 70;

(j) any deemed admission of case under sub-section (3) of section 70;

(k) any decision or award made under section 71;

(l) application for implementation of award for vacating possession of flat or plot under sub-section (7) of section 83;

(m) expulsion from the membership under sub-section (3) of section 86;

(n) an order made by the co-operative society or the Registrar under section 95 or section 96 or section 97 directing the winding up of a co-operative society;

(o) any order made by the liquidator of a co-operative society in exercise of the powers conferred on him by section 101;

(p) any order made under section 107; and

(q) a decision of a co-operative society refusing to admit any person as a member of the co-operative society who is otherwise duly qualified for membership under the bye-laws of the co-operative society.

(2) An appeal against any decision or order under sub-section (1) shall be made within sixty days from the date of decision or order -

(a) if the decision or order falls under clauses (d), (f) (g), (h), (i),

(j), (k) and (m) of sub-section (1), to the Tribunal;

(b) if the decision or order falls under clause (e), to the Government;

(c) if decision or order falls under clause (l), to the court of Metropolitan Magistrate; and

(d) in any other case, to the Government or the Registrar according as the decision or order was made by the Registrar or any other person.

(3) No appeal shall lie under this section from any decision or order by the Registrar in appeal.

No appeal or revision in certain cases.

113. Notwithstanding anything contained in this Act where, with the previous sanction in writing or on requisition of the Reserve Bank -

(i) a co-operative bank is being wound up; or

(ii) in respect of which a scheme of amalgamation or reorganisation is given effect to; or

(iii) in respect of which an order for the supersession of the committee and the appointment of an administrator therefor has been made;

no appeal, revision or review thereagainst shall lie or be permissible, and the sanction or requisition of the Reserve Bank shall not be liable to be called in question.

Delhi Co-operative Tribunal.

Where this provision sits

ActDCS Act 2003
Section112
JurisdictionUnion territory of Delhi
StatusIn force as published by the source

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