Section 149 : Maharashtra State Co- operative Appellate Court
(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 2[Co-operative Appellate Court] shall consist of the President, 3[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. 4[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 2[Co-operative Appellate Court] shall be filled by the State Government.
(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 7[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 8[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 8[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 8[Co-operative Appellate Court] that any such decision or order should be modified, annulled or reversed, the 8[Co-operative Appellate Court] may pass such order thereon as it may deem just.
(10) Where 9[an appeal or application is made to the 8[Co-operative Appellate Court] under this Act], it may, in order to prevent the ends of justice being defeated make such inter-locutory orders pending the decision of the appeal 1[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 2[Co-operative Appellate Court].
(11)An order passed in appeal, or in revision under sub-section (9) or in review under section 150 by the 2[Co-operative Appellate Court], shall be final and conclusive, and shall not be called in question in any Civil or Revenue Court.
(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, 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, be construed as a reference to the said Court.]
Explanation.—The 2[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.
