Sections 101 and 102 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 101 lets the appellate authority named in s.99 review its own order on an application made within thirty days, but only on stated grounds and after notice to all interested parties. Section 102 lets that authority make interlocutory orders, including a stay, while an appeal under s.99 is pending.
This article follows the Ministry of Cooperation copy of the Act read with the Multi-State Co-operative Societies (Amendment) Act, 2023, in force from 3 August 2023 (notification S.O. 3493(E)). Neither section was amended in 2023. Section 98A, inserted in 2023, is a different review, explained below.
A party may apply for review of the appellate authority's order within thirty days of communication of the order. The application is entertained only if there is a discovery of new and important matter or evidence, or a mistake or error apparent on the face of the record, or some other sufficient reason, and notice has been given to all interested parties. While an appeal is pending, the authority may make interlocutory orders, including a stay, "to prevent the ends of justice being defeated".
Section 101(1): review by the appellate authority
"The appellate authority referred to under 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". Two provisos qualify the power:
- The first proviso: 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".
- The second proviso: no such order shall be made "unless notice has been given to all interested parties and they have been afforded a reasonable opportunity of being heard".
The grounds can be set out as three alternatives:
| Ground | Words used |
|---|---|
| New material | "discovery of new and important matter or evidence" that, after due diligence, was not known or could not be produced when the order was made |
| Error | "some mistake or error apparent on the face of the record" |
| Residual | "any other sufficient reason" |
The Act does not define "due diligence" or "sufficient reason", and this article adds no examples of either. The words "in any case" mean the power is not limited to particular kinds of appeal.
Example. The appellate authority upholds a refusal to admit Rukmini as a member of the invented Sutlej Multi-State Credit Society. Later she finds a signed bye-law amendment that was not available when the appeal was heard. She can apply for review on the ground of new and important matter, within thirty days of the communication of the order, and the society and others interested must be given notice. If you need to organise the record, legal dispute resolution support can help with the application.
Section 101(2): thirty days
"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." The period runs from communication of the order, not from its date. The section does not provide for a late review application; unlike s.99(3), no sufficient-cause extension is printed here.
Section 102: interlocutory orders
"Where an appeal is made under section 99, the appellate authority may in order to prevent the ends of justice being defeated, make such interlocutory orders, including an order of stay pending the decision of the appeal as such authority may deem fit." The power attaches to a pending appeal under s.99. Three points:
- The purpose clause is "to prevent the ends of justice being defeated".
- A stay is the one example named ("including an order of stay"); other interlocutory orders are not listed.
- The Act prints no conditions, no period, and no requirement of hearing. The text is silent on them.
Where the appeal is against a winding-up order, s.89(3) already provides that the order "shall not operate thereafter until the order is confirmed in appeal", with the liquidator keeping custody; see our article on appointment of the liquidator. Section 102 is a general power; s.89(3) is a specific rule for winding-up appeals.
How s.101 differs from s.98A
Section 101 is a review by the appellate authority of its own order, with a thirty-day period. New s.98A is a review by the Central Registrar of his own decision under s.94, with a sixty-day period and a deposit of fifty per cent. of recoverable dues where the application is against a recovery certificate. They are separate provisions with separate grounds and periods. See our article on recovery of sums due and review.
| Feature | s.101 | s.98A |
|---|---|---|
| Who reviews | Appellate authority referred to in s.99 | Central Registrar |
| What is reviewed | Its own order | His decision under s.94 |
| Time | Thirty days from communication of the order | Sixty days of receipt of the decision or order |
| Conditions | New matter or evidence, error on the record, or sufficient reason; notice to all interested parties | Deposit of fifty per cent. against a recovery certificate; sufficient-cause proviso for delay |
For the underlying appeals, see our article on appeals and orders not open to appeal.
What the 2023 Amendment Act changed
| Provision | Before | After |
|---|---|---|
| s.101 | As printed above | Not amended |
| s.102 | As printed above | Not amended |
| s.98A | No such section | Inserted: review by the Central Registrar of his s.94 decisions |
Need help with a review or a stay application?
A review has a short clock and narrow grounds, and a stay application is only useful if it is made while the appeal is pending. Our team can read the order and the record with you through legal dispute resolution before you decide which step to take.
Key takeaways
- Section 101 lets the s.99 appellate authority review its own order on application of any party, within thirty days of communication.
- Review needs new and important matter or evidence, an error on the face of the record, or another sufficient reason, plus notice to interested parties.
- Section 102 lets the authority pass interlocutory orders, including a stay, while an appeal under s.99 is pending.
- Section 98A (2023) is a separate review by the Central Registrar of s.94 decisions.
- Neither s.101 nor s.102 was amended in 2023.
Read next
- Multi-State Co-operative Societies Act, 2002: complete guide
- Sections 99 and 100: appeals and orders not open to appeal
- Sections 98 and 98A: recovery of sums due and review
- Section 89: appointment of liquidator
Disclaimer: Based on the Ministry of Cooperation copy of the Multi-State Co-operative Societies Act, 2002 read with the Multi-State Co-operative Societies (Amendment) Act, 2023 (in force from 3 August 2023), as consulted on 2 October 2026. The Multi-State Co-operative Societies Rules, 2002 as amended, later notifications and later amendments are not covered and should be checked. This article is general information, not legal advice; check the official text before acting.