(1) If any person,—
(a) when ordered by a Co-operative Court or the Co-operative Appellate Court to produce or deliver up any document or to furnish information, being legally bound so to do, intentionally omits to do so ; or
(b) when required by any such Court to bind himself by an oath or affirmation to state the truth, refuses to do so ;
(c) being legally bound to state the truth on any subject to any such Court, refuses to answer any question demanded of him touching such subject by the Court ; or
(d) intentionally offers any insult or causes any interruption to any such Court at any stage of its judicial proceeding, he shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
(2) If any person refuses to sign any statement made by him, when required to do so by a Co-operative Court or the Co-operative Appellate Court, he shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
(3) If any offence under sub-section (1) or (2) is committed in the view or presence of a Court concerned, the said Court may, after recording the facts constituting the offence and the statement of the accused as provided in the 4[Code of Criminal Procedure, 1973 (2 of 1974)], forward the case to a Magistrate having jurisdiction to try the same, and may require security to be given for the appearance of the accused person before such Magistrate or, if sufficient security is not given, shall forward such person in custody to such Magistrate. The Magistrate to whom any case is so forwarded shall proceed to hear the complaint against the accused person in the manner provided in the 5[Code of Criminal Procedure, 1973 (2 of 1974).]
(4) If any person commits any act or publishes any writing which is calculated to improperly influence a Co-operative Court or the Co-operative Appellate Court to bring any such Court or a member thereof into disrepute or contempt or to lower its or his authority, or to interfere with the lawful process of the said authorities, such person shall be deemed to be guilty of contempt of the said authorities.
(5) In the case of contempt of itself, the Co-operative Appellate Court shall record the facts constituting such contempt, and make a report in that behalf to the High Court.
(6) In the case of contempt of a Co-operative Court, the Co-operative Court shall record the facts constituting such contempt, and make a report in that behalf to the Co-operative Appellate Court, and thereupon, that Court may if it considers it expedient to do so, forward the report to the High Court.
(7) When any intimation or report in respect of any contempt is received by the High Court under sub-section (5) or (6), the High Court shall deal with such contempt as if it were contempt of itself, and shall have and exercise in respect of it the same jurisdiction, powers and authority in accordance with the same procedure and practice as it has exercises in respect of contempt of itself.]
1 Sub-section (2) was deleted by Mah. 20 of 1986, s. 61(b).
2 Sub-section (3) was substituted by Mah. 7 of 1997, s. 14.
3 Section 148A was inserted by Mah. 3 of 1974, s. 37.
4 These words and figures were substituted for the words and figures “Code of Criminal Procedure, 1898” by Mah. 20 of 1986, s. 62.
5 These words and figures were substituted for the words and figures “Code of Criminal Procedure, 1898” by Mah. 20 of 1986, s. 62.
1961 : Mah. XXIV] The Maharashtra Co-operative Societies Act, 1960 121
CHAPTER XIII APPEALS, REVIEW AND REVISION
149. Maharashtra State Cooperative 1[Appellate Court.]— 2[(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.]
(2) The 3[Co-operative Appellate Court] shall consist of the President, 4[and such number of other members, as the State Government may from time to time consider necessary, who possess] such qualifications as may be prescribed. 5[The President and other members shall hold office for such period or such different periods as may be prescribed.]
(3) Any vacancy in the membership of the 6[Co-operative Appellate Court] shall be filled by the State Government.
7[(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].
(5) Such Benches shall consist of two or more members.
(6) Where a matter is heard 8[by an odd number of members constituting a Bench] 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 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 9[Co-operative Appellate Court] shall frame regulations consistent with the 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 10[Co-operative Appellate Court] 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 11[Co-operative Appellate Court] that any such decision or order should be modified, annulled or reversed, the 12[Co-operative Appellate Court] may pass such order thereon as it may deem just.
(10) Where 13[an appeal or application is made to the 14[Co-operative Appellate Court] 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 15[or application, as the case may be,] 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 16[Co-operative Appellate Court].
1 These words were substituted for the word “Tribunal” by Mah. 3 of 1974, s. 38(e).
2 Sub-section (1) was substituted by Mah. 3 of 1974, s. 38(a).
3 These words were substituted for the word “Tribunal” by Mah. 3 of 1974, s. 38(c).
4 These words were substituted for the words “and not more than three other members possessing” by Mah. 27 of 1971, s. 3.
5 These words were inserted by Mah. 3 of 1974, s. 38(b).
6 These words were substituted for the word “Tribunal” by Mah. 3 of 1974, s. 38(c).
7 Sub-section (4) was substituted for the original by Mah. 36 of 1975, s. 12(a).
8 These words were substituted for the words “by three members” by Mah. 36 of 1975, s. 12(b).
9 These words were substituted for the word “Tribunal” by Mah. 3 of 1974, s. 38(c).
10 These words were substituted for the word “Tribunal” by Mah. 3 of 1974, s. 38(c).
11 These words were substituted for the word “Tribunal” by Mah. 3 of 1974, s. 38(c).
12 These words were substituted for the word “Tribunal” by Mah. 3 of 1974, s. 38(c).
13 These words were substituted for the words “an appeal is made to the Tribunal under section 97” by Mah. 33 of 1963, s. 29(a).
14 These words were substituted for the word “Tribunal” by Mah. 3 of 1974, s. 38(c).
15 These words were inserted by Mah. 33 of 1963, s. 29(d).
16 These words were substituted for the word “Tribunal” by Mah. 3 of 1974, s. 38(c).
122 The Maharashtra Co-operative Societies Act, 1960 [1961 : Mah. XXIV
(11) An order passed in appeal, or in revision under sub-section (9) or in review under section 150 by the 1[Co-operative Appellate Court], shall be final and conclusive, and shall not be called in question in any Civil or Revenue Court.
2[(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 (Mah. III of 1974), shall be deemed, respectively to be the President and other members of the Maharashtra State Co-operative Appellate Court constituted for the purposes 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 (Mah. III of 1974), be construed as a reference to the said Court.]
Explanation.— The 3[Co-operative Appellate Court] 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 (V of 1908).
150. Review of orders of 4[Co-operative Appellate Court.]— (1) The 5[Co-operative Appellate Court] may, either on the application of the Registrar or on the application of any party interested, review its own order in any case, and pass in reference thereto such order as it thinks just :
Provided that, no such application made by the party interested shall be entertained, unless the 6[Cooperative Appellate Court] is satisfied that there has been the discovery of new and important matter of evidence, which after the exercise of due diligence was not within the knowledge of the applicant or could not be produced by him at the time when its order was made, or that there has been some mistake or error, apparent on the face of the record, or for any other sufficient reason:
Provided further that, no such order shall be varied or revised, unless notice has been given to the parties interested to appear and be heard in support of such order.
(2) An application for review under the foregoing sub-section by party, shall be made within ninety days from the date of the communication of the order of the 7[Co-operative Appellate Court].