Section 38 in Multi-State Co-Operative Societies (Registration, Membership, Direction & Management, Settlement of Disputes, Appeal & Revision) Rules, 1985
38. Procedure Regarding Appeals And Application For Revision.
(1)An appeal under sub-section (2) of section 90 or an application for revision under Section 92 shall be either presented in person or sent by registered post to the appellate or revising authority.(2)The appeal or the application for revision shall be in the form of a memorandum and shall be accompanied by the original or certified copy of the order appealed for or sought to be revised.(3)Every appeal or application for revision shall :-(a)specify the name and address of the appellant or applicant and also the name and address of the respondent, as the case may be;(b)state by whom the order appealed for or sought to be revised was made;(c)set forth concisely and under distinct heads, the grounds of objection to the order appealed from or sought to be revised together with a memorandum of evidence;(d)state precisely the relief which the appellant or the applicant claims ; and (e) give the date of order appealed for or sought to be revised;(4)Where -(a)an appeal under sub-section (2) of section 90 is preferred after the expiry of sixty days specified in the said sub-section, or(b)an, application for revision under sub-section (1) of section 92-is made after the expiry of ninety days from the date on which the decision or order to which the application relates is communicated to the applicant. It shall be accompanied by a petition supported by an affidavit setting forth the facts on which the appellant or the applicant relies to satisfy the appellate or revising authority that he had sufficient cause for not preferring the appeal or the application for revision within the period mentioned in Clauses (a) and (b).(5)On receipt of the appeal or the application for revision, the appellate or revising authority shall as soon as possible examine it and ensure that, -(a)the person presenting the appeal or the application has the locus standi to do so;(b)it is made within the prescribed time limit, and(c)it conforms to all the provisions of the Act and these Rules.(6)The appellate or revising authority may call upon the appellant or the application for revision to remedy the defects, if any, or furnish such additional information as may be necessary, within a period of fifteen days of the receipt of the notice to do so. If the appellant or the applicant for revision fails to remedy the defects or furnish the additional information called for within the said period, the appeal or the revision petition may be dismissed.(7)The appellate or revising authority may, before passing orders under section 90 or under section 92 obtain from any subordinate officer such further information in regared to the enquiry or the proceedings for the purpose of verifying the regularity of such proceedings or the correctness, legality or propriety of any decision passed or order made therein. The appellate or revising authority may also call for and obtain from the parties connected with such enquiry or proceedings such information as is necessary with reference to the examination of the records of enquiry or proceedings and the information obtained from the subordinate officer.(8)The appellate or revising authority shall on the basis of the enquiry conducted and with reference to the records examined, pass such order on the appeal or on the application for revision as may seem just and reasonable.(9)Every order of the appellate or revising authority under sub-section (2) of sections 90- or92-shall be in writing and it shall be communicated to the appellant or applicant and to such other parties as in the opinion of that authority are likely to be affected by the decision or order and to the officer concerned against whose order the appeal of the application for revision was made.
