(1) (a) The State Government may by notification constitute one or more co-operative Tribunals. A Tribunal shall consist of such number of persons possessing such qualifications and shall have such jurisdiction as may be prescribed.
(b) When more than one Tribunal is constituted under clause (a), the State Government shall declare by notification one of the Tribunals to be the Principal Tribunal.
(2) A Tribunal shall exercise all the powers conferred upon an 5 of 1908.
Appellate Court by Order XLI in the First Schedule to the Code of Civil Procedure, 1908.
(3) Any person aggrieved by an order made by a Tribunal may, within ninety days from the date of such order, apply to such Tribunal for review of such order on one or more of the grounds specified in rule / of Order XLVII of the Code of Civil Procedure, 1908.
Tribunal.
XLV of 198 385 The West Bengal Co-operative Societies Act, 1983.
[West Ben. Act (Chapter XV.—Jurisdiction, appeal and revision.—Sections 136, 137.)
(4) A Tribunal shall not make any order on an application made under sub-section (3) without giving the person likely to be affected adversely by such order an opportunity of being heard.
(5) When an appeal or application for review is filed before a Tribunal, it may make, on such terms and conditions as it thinks fit, such interlocutory order as may appear to it to be just and convenient.
(6) A Tribunal may hold its sittings at any place within its jurisdiction for the convenience of the parties concerned after previous notice to them and may by regulation lay down its own procedure with the previous approval of the State Government.
Appeal. 136. (1) An appeal shall lie from an order shown in column 2, to the authority shown in column 3, and within the period shown in column 4, of the Third Schedule to this Act.
(2) The provisions of the Limitation Act, 1963 shall not apply to an 36 of 1963.
appeal referred to in sub-section (1).
(3) Save as provided in this Act or the rules, no appeal shall lie against an order, decision or award made under this Act.
(4) An appeal referred to in sub-section (1) shall be decided by the appellate authority (other than the Co-operative Tribunal) within six months from the date of its presentation:
Provided that if the appellate authority fails to decide an appeal within the aforesaid period, it shall submit a report to the State Government before the expiry of the said period, stating reasons for its failure, and the State Government may allow it such further time as it thinks fit for decision of such appeal.
Review and 137. (1) The State Government may, of its own motion or on an revision. application made in the prescribed manner by any person aggrieved, call for and examine the records of any inquiry held or inspection made under this Act or the proceedings of the Registrar or of any person subordinate to him or acting on the authority of the Registrar and may make thereon such orders as it thinks fit after serving notices to persons likely to be affected by such orders.
(2) The Registrar may, of his own motion or on an application made in the prescribed manner by any person aggrieved,—
(a) revise any order made by himself, or 386 The West Bengal Co-operative Societies Act, 1983.
XLV of 1983.]
(Chapter XVI.—Offences, penalties and procedure.— Sections 138, 139.)
(b) call for and examine the records of an inquiry held or inspection made under this Act or the proceedings of any person subordinate to him not vested with the powers of Registrar or acting on his authority, and if he is of opinion that any order, decision or award or any proceeding so called for should be for any reason modified, annulled or reversed, he may make such orders thereon as he thinks fit:
Provided that the Registrar shall, before he makes an order under clause (a) or clause (b), give any person likely to be affected adversely by such order an opportunity of being heard.
(3) Noting contained in sub-section (1) or sub-section (2) shall apply to any proceeding in which an appeal lies to the Tribunal under section 136.
CHAPTER XVI Offences, penalties and procedure
138. In addition to the penalties specified in sub-section (3) of section 147, any person mentioned in column 3 and guilty of an offence shown in column 2 of the Fourth Schedule to this Act shall, notwithstanding anything contained elsewhere in this Act or any other law for the time being in force, be liable on conviction to the penalty shown in column 4 of the said Schedule.
Offences and penalties.