Provisions Regarding State Cooperative Tribunal
Co-operative Tribunal
(1) The State Government may constitute a tribunal or tribunals, each to be called Co-operative Tribunal, to exercise the functions conferred on the tribunal under this Chapter and where more than one tribunal is constituted, the State Government may fix, by order in writing, the area within which or the class of cases over which each tribunal shall exercise jurisdiction.
(2) A Tribunal shall consist of [* * *]93 three persons possessing such qualifications as may be prescribed.
(3) Where the Tribunal consists of three members, any two members shall form the quorum for the disposal of its business:
Provided that in the event of a difference of opinion between them the matter over which there is a difference of opinion, shall be placed before the third member and the opinion with which the third member agrees, shall be deemed to be the opinion of the Tribunal. Where a matter is heard by all the three members of the tribunal and there is a difference of opinion, the majority opinion shall prevail.
(4) Any vacancy in the membership of the Tribunal shall be filled by the State Government.
(5) The procedure for holding the meeting and disposal of business by a Tribunal shall be such as may be prescribed.
Appeals against awards of Registrar
(1) Any person aggrieved by any award of the Registrar made under clause (a) of sub-section (1), or sub-section (2) of Section 71 may, within thirty days after the date on which the award is communicated to such person, appeal to the Tribunal.
(2) The Tribunal after hearing an appeal under this section may pass such order as it may deem just.
Appeal against the awards, orders and decisions
(1) An appeal against—
- (a) an order of the Registrar made under sub-section (2) of Section 7 refusing to register a co-operative society;
- 94[(b) an order of the Registrar under sub-section (3) of Section 12 refusing to register, or under sub-section (2) of Section 14 registering an amendment in the bye-laws of a co-operative society;];
- (c) a decision of co-operative society refusing to admit any person as a member of the society under sub-section (2) of Section 26 or expelling any member of the society under sub-section (1) of Section 27 95[or an order passed under sub-section (1) of Section 38 for removal of an officer from the office held by him or to disqualify him from holding any office];
- (d) an order of the Registrar under sub-section (2) of Section 27 expelling or removing a member or under sub-section (2) of Section 38 removing or disqualifying any officer of a co-operative society;
- (e) an order of the Registrar superseding the Committee of Management of a co-operative society under Section 35;
- (f) an order made by the Registrar, under Section 67 apportioning the cost of an enquiry held under Section 65 or an inspection made under Section 66;
- (g) an order of surcharge made by the Registrar under Section 68;
- (h) an award made by an arbitrator or board of arbitrators under sub-section (1) or sub-section (2) of Section 71;
- (i) an order made by the Registrar under Section 72 directing the winding up of a co-operative society;
- (j) any order made by the liquidator of a co-operative society in exercise of the powers conferred on him by clauses (b) and (g) of Section 74;
- (k) any order made by the Registrar on a question arising between the parties or proceedings under clause (b) of Section 92 and of the nature referred to in Section 47 of the Code of Civil Procedure, 1908 (Act V of 1908);
- (l) an order for attachment of any property made by the Registrar under Section 94;
- (m) an order of the Registrar under Section 125 directing amalgamation or merger, or under Section 126 directing division;
- (n) an order passed by the Registrar under Section 128 annulling any resolution or cancelling any order,may, within thirty days of the communication of the order, decision or award to be appealed against, be preferred by the aggrieved party to the authorities mentioned in sub-section (2) in the manner prescribed.
(2) An appeal under 96[clauses (c), (d), (e), (f), (g), (k) and (l)] of sub-section (1) shall be preferred to the Tribunal, and an appeal under clauses 97[clauses (a), (b), (h), (i), (j), (m) and (n)] of the said sub-section shall be preferred—
- (a) if the decision or the order was made by the Registrar, to the State Government; or
- (b) if the decision or order or award was made by any other person or authority, to the Registrar.
- 98[(c) if the order or award was made on a dispute relating to an election, to the Tribunal.]
(3) Notwithstanding anything contained in clause (b) of sub-section (2), the State Government may by notification in the Gazette, direct that appeals against awards mentioned in clause (h) of sub-section (1) shall, in respect of such cases or class of cases, as may be specified in the said notification lie to the Tribunal, and thereupon any person aggrieved by such award, may appeal to the Tribunal.
Review of order of appellate authority
(1) The appellate authority under Section 97 or Section 98, as the case may be, may on the application of any party, review its order in any case and pass in reference thereto such order as it thinks fit:
Provided that no such application shall be entertained unless the appellate authority is satisfied that there has been a discovery of new and important matter of evidence which, after exercise of due diligence, was not within the knowledge of the applicant or could not be produced by him at the time when the 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 made under this sub-section unless notice has been given to all interested parties and they have been afforded a reasonable opportunity of being heard.
(2) An application for review under sub-section (1) by any party shall be made within thirty days from the date of communication of the order of the appellate authority sought to be reviewed.
Interim orders
Where an appeal is preferred under Section 97 or Section 98, the appellate authority may, in order to prevent the ends of justice being defeated, make such interlocutory orders pending the decision of the appeal as it may deem fit.
Transfer of appeals
(1) The State Government may, on the application of any party and after affording an opportunity to the other party of being heard, transfer an appeal filed under Section 97 from one Tribunal to another Tribunal.
(2) The State Government may transfer to itself an appeal filed under Section 98 pending before the Registrar of Co-operative Societies appointed under sub-section (1) of Section 3 and dispose it of.
(3) The Registrar of Co-operative Societies appointed under sub-section (1) of Section 3 may transfer an appeal pending before one officer exercising the powers of Registrar under sub-section (2) of Section 3 to any other officer exercising similar powers, or transfer an appeal pending before any such officer to himself and dispose it of.
Finality of orders and decisions
Every award made under Section 71 and every order of the nature referred to in sub-section (1) of Section 98 where no appeal has been preferred against such award or order under Section 97 or Section 98, as the case may be, and every decision in appeal under the said sections, shall, subject to Section 99, be final and binding on the parties concerned and shall not be questioned in any court.
Constitution of Tribunal
69[The Tribunal shall consist of three persons as follows:—
- (a) a District Judge or a retired District Judge who shall be the Chairman; and
- (b) a retired or serving officer of State Co-operative Service Group “A” . . . . Member;
- (c) a retired or serving officer of the administrative services having experience of working of the Co-operative Department or Cane Department or Industries Department or Community Development Department of Uttar Pradesh . . . . Member:
Provided that if the Chairman or a member had not already retired from his parent service before his appointment as such, he shall—
- (a) on retirement from his parent service, be entitled to draw his pension, gratuity and post retirement leave encashment and withdraw the balance from his provident fund as if he has retired:
- (b) on his retirement from the post of the Chairman or Member in accordance with the Rule 255 be entitled to additional pension, gratuity and post retirement leave encashment which shall be calculated as follows:
First, the amounts shall be recalculated according to the rules applicable on the date of such retirement as if he had never retired from his parent service and his service had stood extended;
Second, the amounts already paid to him under clause (a) on retirement from his parent service, shall be deducted and the difference shall be payable to him.]
Pay, Allowances and Conditions of Service
70[(1) (a) The scales of pay admissible to the Chairman and the members shall be such as may be determined by the State Government from time to time.
(b) Pay.—The scale of pay at the commencement of the Uttar Pradesh Co-operative Societies (Twenty-seventh Amendment) Rules, 1995, are as follows:—
(1) PAY:
| Name of the post | Scale of Pay |
|---|---|
| (a) Chairman | Rs. 1,44,200-2,18,200 (Level-14) |
| (b) Members | Rs. 1,23,100-2,15,900 (Level-13) |
Provided that the salary of a person appointed as the Chairman or a member who has retired as a District Judge, or who has retired from service under the State Government shall not be less than the salary paid or payable to him at the time of such retirement:
Provided further that the aforementioned pay of a person referred to in the first proviso who is in receipt of or has become entitled to receive any retirement benefits by way of pension, shall be reduced by the gross amount of pension, including commuted portion of pension, if any.
(2) The Chairman and a member shall receive dearness allowances and other allowance appropriate to their pay at the rate admissible to Group ‘A’ officers of the State Government.
(3) A person on appointment in the Tribunal as the Chairman or a member shall be entitled to such leave and connected benefits as are admissible to Group ‘A’ officer of the State Government.
(4) Every person appointed to the Tribunal as the Chairman or a member shall be entitled to pension and gratuity as per rules applicable to Group ‘A’ officer of the State Government read with the proviso to Rule 253.
(5) The Chairman or a member shall be entitled to subscribe to the General Provident Fund at his option and in case of his so opting shall be governed by the provisions of the General Provident Fund (Uttar Pradesh) Rules, 1985, as amended from time to time:
Provided that if a Chairman or a member was a member of Higher Judicial Service or an All India Service immediately before his joining the Tribunal, he shall be governed by the rules which were applicable to him immediately before joining the Tribunal.
(6) Travelling Allowances.—The Chairman or a member while on tour or on transfer (including the journey undertaken to join the Tribunal or on the expiry of his term with the Tribunal to proceed to his home town) shall be entitled to the travelling allowance, transportation of personal effects and other similar matters at the same scales and at the same rates as are admissible to Group ‘A’ officer of the State Government drawing similar pay.
(7) Accommodation.—Every person appointed in the Tribunal as Chairman or a member shall be provided with a rent-free accommodation of a type admissible to an officer equivalent to his rank in the State Government:
Provided that if any such accommodation is not provided by the Government, or the Chairman or the member does not avail himself of the accommodation referred to above, he shall be reimbursed actual house rent paid by him upto the maximum limit of rupees two thousand per mensum:
Provided further that if the Chairman or a member is residing in the accommodation owned by him or by his/her spouse, he shall be entitled to house rent allowance admissible as per rules of the State Government in this regard.
(8) Facility of the conveyance.—The Chairman shall be entitled to a staff car and each member shall be entitled to conveyance allowance of rupees six hundred per mensum.
(9) Facility of Medical Treatment.—The Chairman or a member shall be entitled to medical treatment and hospital facilities as provided in the Uttar Pradesh Medical Attendence Rules, 1946 and the orders of the State Government issued in this behalf from time to time.
(10) Residuary provisions.—The condition of service of the chairman or a member for which there is no express provision in these rules shall be determined by the rules and orders for the time being applicable to him at the time of retirement or to Group ‘A’ officers of the State Government.]
Term of Office
71[72[(a) The Chairman or member of the Tribunal shall hold office for a term of six years from the date on which he enters upon his office:
Provided that no Chairman or member shall hold office as such after he has attained the age of sixty-six years.
(b) Notwithstanding anything contained in clause (a), the term of the Chairman or a member, whether appointed before or after the commencement of the Uttar Pradesh Cooperative Societies (Thirty-ninth Amendment) Rules, 2001, may be extended beyond six years, so, however, that such person shall not continue as Chairman or member beyond the date he attains the age of 73[sixty-eight years.]
(c) No officer shall be appointed or shall continue as the Chairman or the member of the Tribunal if he is or becomes the Chairman, Vice-Chairman or a member of the Committee of Management of any Cooperative Society.]]
Headquarters
The headquarters of a Tribunal shall be at such place as is notified by the State Government in the Gazette, provided that the Tribunal may, for the convenience of parties to the dispute, decide to have for the disposal of the dispute its sittings at other places in the State.
Appeal
(a) The memorandum of appeal to the State Government, the Tribunal or the Registrar, shall be presented by the appellant or his duly authorised agent, either in person during office hours, or shall be sent by registered post under acknowledgement.
(b) Every memorandum of appeal shall be accompanied by a certified copy of the order, decision or award against which the appeal is preferred and by as many copies of memorandum of appeal as there are parties.
(c) A memorandum of appeal shall—
- (i) be either type-written or hand-written in ink legibly;
- (ii) specify the name or names and the address or addresses of the appellant or appellants and also the name or names and address or addresses of the opposite party or parties, as the case may be;
- (iii) state the authority by which the award, order or decision against which appeal is preferred, was made or given;
- (iv) clearly state the grounds on which the appeal is preferred;
- (v) state precisely the relief which is claimed; and
- (vi) give the date of the order, decision or award appealed against as well as the date of communication of such order, decision or award to the appellant.
Receipt of Application and Record Maintenance
74[257-A. The application in the pending files shall be received—
(1) if the application is being moved in a case not fixed on the day the application is moved by an employee in the office designated by the Chairman;]
(2) if the application is being moved in the case fixed for hearing on the day the application is moved by the Reader;
(3) the records of all the pending appeals shall be kept and maintained by an employee in the office designated by the Chairman in this regard. He shall be responsible for sending records of all the appeals fixed for hearing on any day in the previous evening to the Reader. Likewise, the Reader shall send back all the records of the appeals fixed on any day by the evening of that day to the persons in the office designated by the Chairman for maintaining the records;
(4) the Secretary of the Tribunal shall receive all new appeals, shall make endorsement/report on that appeal as prescribed, and shall place it before the Chairman, latest by the following day for obtaining his orders. The record shall then be sent to the office to the employee designated by the Chairman for maintaining the record;
(5) the Reader, or the employee in the office designated by the Chairman to maintain the records, on receipts of any application in the pending appeals, shall put the serial number on the application/documents in accordance with the Index Sheet, followed by the letters ‘ka’ or ‘kha’, as the case may be, and the serial number alongwith the letters ‘ka’ or ‘kha’ shall be entered by him in the Index Sheet. The documents marked ‘ka’ or ‘kha’ shall be kept in nathi ‘ka’ or nathi ‘kha’ as the case may be.
The following documents shall be placed in nathi ‘ka’:—
- (a) Index of papers (in the prescribed pro forma).
- (b) Order Sheet.
- (c) Memorandom of Appeal.
- (d) Copy of the order/award appealed from.
- (e) Original documents filed by the parties.
- (f) Orders/Judgements of the higher courts, if any.
- (g) Judgement of the Tribunal.
- (h) Any other document considered important, and of lasting value, by the Chairman or the Members.
All other documents of the record shall be kept in nathi ‘kha’.
The documents in nathi ‘ka’ shall form permanent record and shall not be weeded out. The documents in nathi ‘kha’ shall be weeded out by the Record Keeper after the expiry of six years from the date of the judgement by the Tribunal, and the Record Keeper shall make a note in red ink on the Index Sheet that when the nathi ‘kha’ has been weeded out, he shall sign that endorsement and put his seal, and then shall place it before the Secretary of the Tribunal for his counter signature:
Provided that if a writ petition is pending in any case, the record of that case shall not be weeded out so long the writ petition is pending.
Registers to be Maintained
257-B. The registers to be maintained shall be prescribed by the Chairman, Tribunal.
Distribution of Duties
257-C. Duties to all the employees of the Tribunal shall be distributed and assigned by the Chairman, Tribunal.
Court Fee Stamps
257-D. A court fee stamp of Rs. 3 only shall be affixed on every adjournment application. A court fee stamp of Rs. 1.50 shall be affixed on any other application moved in any case pending in the Tribunal.]
Endorsement and Examination of Appeal
258. On receipt of the memorandum of appeal, the appellate authority shall endorse thereon the date of its receipt by it. The appellate authority shall, as soon as possible, examine it and satisfy itself that—
- (i) the person presenting it has the authority to do so;
- (ii) it is made within the prescribed time-limit; and
- (iii) it conforms to the provisions of the Act and the rules.
Applicability of Limitation Act
259. The provisions of Sections 5 and 12 of the Limitation Act, 1963 (Act 36 of 1963) shall apply in computing the period of limitation under Rules 258 and 260.
Non-conforming Appeal – Defect Removal
260. Where the appellate authority finds that the appeal presented before it does not conform to any of the relevant provisions of the Act or the rules, it shall make a note to that effect and may call upon the appellant to remove the defect within the specified period, or in case the appeal appears not to have been presented within the prescribed time or by a person competent to do so, to show cause within the specified period, why it should not be rejected.
Admission or Rejection of Appeal
261. (a) If the defect pointed out by the appellate authority is removed, or the show cause notice is explained by the appellant to the satisfaction of the appellate authority, the latter may admit the appeal for hearing.
(b) If the appellant fails to satisfy that the appeal has been presented within the prescribed time or by a person competent to do so or fails to remove the defects within the specified period, the appeal may be rejected.
Fixing Date of Hearing
262. Where the appeal is admitted, the appellate authority shall fix a date for hearing and intimate the date so fixed to the appellant. An intimation of the date so fixed shall also be sent to the other party or parties along with a copy of the memorandum of appeal. The said intimation shall be sent by registered post under acknowledgement or by such other process as may be deemed appropriate by the appellate authority.
Hearing and Order on Appeal
263. On the date fixed for the hearing of an appeal, the appellate authority shall go through the record and hear the parties to the dispute or their authorised agents and shall pass such order on the appeal as the appellate authority may deem just. The order passed shall contain the reasons on which the decision is based and shall also contain an order as to costs, if any, and interest including future interest, if any, and shall also mention the number of appeal and the names and description of the parties.
Adjournment of Hearing
264. The appellate authority may, at its discretion adjourn to any other date the hearing of any appeal at any stage.
Decision or Order in Writing
265. Every decision or order of the appellate authority shall be in writing.
Application for Review – Documents Required
266. An application for review under sub-section (1) of Section 99 shall be accompanied by the original or a certified copy of the order sought to be reviewed. The said application shall also be accompanied by such additional number of copies as there are parties in the order sought to be reviewed.
Disposal of Review Application
267. The application for review shall, so far as it may be necessary, be disposed of by the appellate authority in such manner as may be deemed fit by it:
Provided that no order prejudicial to any party shall be passed unless such party has been given an opportunity of making representation, and if necessary, also of being heard.
Change in Personnel of Appellate Authority
268. Any change in the personnel of the appellate authority shall not affect the right of the successor to—
- (i) dispose of the appeal pending or part-heard before the change;
- (ii) review the order passed in any case before the change.
Correction of Clerical or Arithmetical Mistakes
269. Clerical or arithmetical mistake in orders, decisions, or awards made by the Registrar, Arbitrator or the Board of Arbitrators or in the orders made by the appellate authority or errors arising in such orders (including the orders of appellate authority), decisions or awards from any accidental slip or omission may at any time be corrected by the authority concerned, either of its own motion or the application moved by any of the parties to the dispute.
