Section 59 of the Chit Funds Act, 1982 - Right to Appeal
Section 59 creates a statutory right of appeal against a decision or order of the Registrar made in proceedings for the winding up of a chit. The appeal lies to the State Government and must ordinarily be filed within sixty days from the date of the decision or order.
Text and meaning of Section 59
The foreman, any subscriber, or another person aggrieved by a decision or order of the Registrar in proceedings for winding up a chit may appeal to the State Government within sixty days from the date of that decision or order.
The wording of Section 59 should be read with the winding-up provisions in Chapter VII of the Chit Funds Act, 1982. It is not a general appeal provision for every order under the Act; its text specifically concerns decisions or orders of the Registrar in proceedings for the winding up of a chit.
Who can file an appeal under Section 59?
The statutory right is available to three broad categories: the foreman, any subscriber, and any other person aggrieved. The expression "person aggrieved" links the right of appeal to a person affected by the relevant decision or order rather than to the public generally.
Which decision or order is appealable?
Section 59 concerns a decision or order of the Registrar made in proceedings for the winding up of a chit. The surrounding provisions deal with commencement and effect of winding up, injunctions, powers of the Registrar, vesting of chit assets, stay of suits, notification of winding-up orders, cessation or transfer of proceedings, and compensation to the foreman.
Time limit for filing the appeal
The appeal is to be filed within sixty days from the date of the decision or order. A person proposing to appeal should therefore identify the date of the impugned decision or order and verify the applicable procedural requirements of the concerned State Government or competent department.
Appellate authority
The appeal under Section 59 lies to the State Government. Since administration and procedural arrangements may differ between States, filing requirements, prescribed forms, fees, departmental allocation, and procedural rules should be checked for the State concerned.
Section 59 at a glance
| Provision | Section 59, Chit Funds Act, 1982 |
|---|---|
| Subject | Right to appeal |
| Eligible appellant | Foreman, subscriber, or any other person aggrieved |
| Order concerned | Decision or order of the Registrar in proceedings for winding up of a chit |
| Appellate authority | State Government |
| Statutory period | Sixty days from the date of the decision or order |
Related provisions
For context, readers may also refer to Section 58 - Award of compensation to foreman and Section 60 - Limitation, as well as the other winding-up provisions linked in the sidebar.
Official text of the Act
For the authoritative statutory text and amendments, refer to the Chit Funds Act, 1982 on India Code. The Chit Funds (Amendment) Act, 2019 may also be consulted for later amendments to the principal Act.
Note: This page is a general statutory guide. State-specific rules, notifications and filing procedures should be checked before acting on an appeal.