Section 101 of The Multi-State Co-operative Societies Act, 2002
- (1)The appellate authority referred to in section 99, may, on the application of any party, review its own order in any case and pass in reference thereto such orders 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 or 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.
Summary
- It empowers the appellate authority, which is the official body that hears appeals, referred to in section 99 to review and change its own orders.
- A review can only be made on the application of any party involved in the dispute.
- It restricts reviews to cases where there is a discovery of new and important evidence that could not be produced earlier despite due diligence, meaning reasonable care and effort, or if there is an obvious mistake or error on the face of the record.
- The appellate authority cannot pass a review order without first notifying all interested parties and giving them a reasonable opportunity to be heard.
- An application for review must be submitted within thirty days from the date of communication of the appellate authority's order.
Practical examples
FAQ
1. Who has the power to conduct a review under Section 101 of the Multi-State Co-operative Societies Act, 2002?
Under Section 101 of the Multi-State Co-operative Societies Act, 2002, the appellate authority, which is the official body that hears appeals, has the power to review its own order.
2. What is the time limit for filing a review application under Section 101 of the Multi-State Co-operative Societies Act, 2002?
Under Section 101 of the Multi-State Co-operative Societies Act, 2002, the application for review must be made within thirty days from the date the appellate authority's order is communicated to the party.
3. On what grounds can I apply for a review under Section 101 of the Multi-State Co-operative Societies Act, 2002?
Under Section 101 of the Multi-State Co-operative Societies Act, 2002, a review can be applied for upon the discovery of new and important evidence that was not known earlier despite due diligence, meaning reasonable effort, or if there is some mistake or error apparent on the face of the record, meaning an obvious error in the document, or for any other sufficient reason.
4. Can the appellate authority pass a review order without telling the other side under Section 101 of the Multi-State Co-operative Societies Act, 2002?
No, under Section 101 of the Multi-State Co-operative Societies Act, 2002, no review order can be made unless notice has been given to all interested parties and they have been given a reasonable opportunity of being heard.
Test yourself
Q1.Under Section 101 of the Multi-State Co-operative Societies Act, 2002, within how many days must an application for review be made?
Q2.Under Section 101 of the Multi-State Co-operative Societies Act, 2002, which of the following is a valid ground for the appellate authority to entertain a review application?
Q3.Under Section 101 of the Multi-State Co-operative Societies Act, 2002, what must the appellate authority do before making a final order on a review application?
Q4.How do the time limits in Section 101 and Section 99 of the Multi-State Co-operative Societies Act, 2002 compare?