State of Bihar - Act
The Bihar Self-Supporting Co-operative Societies Tribunal (Constitution and Procedure) Rules, 2002
BIHAR
India
India
The Bihar Self-Supporting Co-operative Societies Tribunal (Constitution and Procedure) Rules, 2002
- Published on 4 December 2002
- Commenced on 4 December 2002
- [This is the version of this document from 4 December 2002.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter 1
Preliminary1. Short title.
- These Rules may be called The Bihar Self-Supporting Cooperative Societies Tribunal (Constitution & Procedure) Rules, 2002.2. Definitions.
- In these rules unless the context otherwise requires-Chapter II
Constitution3. Constitution of Tribunal.
4. Creation of Bench.
Chapter III
Terms, Headquarters, Office Hours5. Terms of Office.
6. Terms & conditions.
7. Headquarters of the Tribunal.
8. Office Hours.
- The Tribunal shall hold its sitting during the same hours as that of other offices of the State Government.9. Language.
- The language of the Tribunal shall be in Hindi:Provided that the parties to a proceeding before the Tribunal may file documents drawn up in English if they so desire:Provided further that the Tribunal may pass orders in English also.Chapter IV
Appeals and Applications10. Presentation of Appeals and Application.
| (i) | In relation to monetary disputes | 1% of the claim subject to a minimum of Rs. 10/- (Rupees Ten)and maximum of Rs. 1000/- (Rupees One Thousand) only. |
| (ii) | In relation to non-monetary disputes, other than electiondisputes | Rs. 200/- (Rupees Two Hundred) only. |
| (iii) | In relation to election disputes | Rs. 500/- (Rupees Five Hundred) only. |
| (iv) | In relation to appeal under Section 5 | Rs. 200/- (Rupees Two Hundred) only. |
| (v) | In relation to application under Section 41 | Rs. 200/- (Rupees Two Hundred) only. |
| (vi) | In relation to application under Section 44 | Rs. 200/- (Rupees Two Hundred) only. |
11. Procedure for filing appeal.
- An appeal shall be in the form of a memo setting forth concisely the grounds of objections to the decision or order which is the subject matter of the appeal, and shall be accompanied by the original or a certified copy of the decision or order passed by the authority competent to pass the said order. Every appeal shall also be accompanied by as many copies of the memo as there are respondents in addition to three originals.12. Procedure for filing application.
- An application shall be in the form of a plaint setting forth precisely the substance, and grounds of the case, and shall be accompanied, by the original or certified copy of such documents and/or papers as are necessary to substantiate the case. Every application will also be accompanied by as many copies of the plaint as there are opposite parties in addition to the originals.Chapter V
Registration of Appeals and Applications13. Registration of Appeals and Application.
14. Application for Interim suspension order.
- Where a party seeks the interim suspension of the impugned order, he shall file a separate application for the same. Every such application shall be supported by an affidavit in respect of application for stay or suspension of the impugned orders passed by the departmental authorities, especially relating to misappropriation of amounts and sanction of benami loans. No interim order in the nature of stay or suspension for a specified period shall be issued unless the application produces a cash deposit of not less than 60% of the amount involved in the impugned order or furnishes security of equal value as directed by the Tribunal.15. Stay of Orders.
- In an appeal, if the Tribunal is satisfied on an affidavit that it is just and reasonable that the operation of the impugned order be stayed or suspended.16. Distribution of work.
- The Chairman of the Tribunal shall distribute work among the members of the Tribunal subject to the following:Chapter VI
Hearing, Adjournments and judgements17. Procedure for hearing, adjournments.
- On the date fixed for hearing or any other date to which the applicant, as the case may be shall ordinarily be heard first in support of his case, the respondent or his advocate shall if necessary, be heard next and in such cases the appellant or the applicant shall be entitled to reply.18. Evidence.
19. Additional Evidence.
- The parties shall not be entitled to produce additional evidence whether oral or documentary before the Tribunal but,20. Adjournment.
21. Procedure in case of death of an appellant or an applicant.
22. Effect on the death of an appellant or applicant after passing the abatement order.
23. Order.
24. Return of document.
Chapter VII
Miscellaneous25. Fees for copies of documents and orders.
| English | Rs. 5.00 |
| Hindi | Rs. 5.00 |
| English | Rs. 5.00 |
| Hindi | Rs. 5.00 |
26. Service of Notice.
27. Forms of Notices.
- Forms III, IV and V appended to these Rules, with such variations as the circumstances of any case may require, shall be used for the purpose of notices to be issued by the Tribunal.28. Maintenance of Registers.
29. Refund of Fees.
30. Rules relating to Civil Rules of practice to be followed.
- Whenever these Rules are silent on the question of any procedure, the Tribunal shall follow the procedure stipulated under the Code of Civil Procedure, 1908 (Central Act V of 1908) and Bihar Practice and Procedure Manual, 1959.31. Functions of Secretary.
- The Secretary shall perform such functions as are assigned to him under these Rules or by the Chairman under these Rules.32. Seal of Tribunal.
- The Tribunal shall have an Official Seal of its own, which shall be kept in the custody of the Secretary.33. Notices, judgements etc. to be signed and sealed.
- Every notice and a certified copy of any document shall be signed by the Secretary with the date, month and year of signing and shall be sealed with the Official Seal of the Tribunal.34. Record.
- The records of the Tribunal shall be kept in the custody of the Secretary.35. Supply of certified copies of judgements to the Registrar of Self
- Supporting Co-operative Societies.-A certified copy of every judgement of the Tribunal shall, as soon as practicable, be forwarded to the Registrar of Self-Supporting Co-operative Societies or such other officer or officers appointed to assist him as may be concerned with the appeal or application.Form-1[See Rule 13 (a)]Cause Register of Appeals| Sl. No. | Name of parties and their Pleaders or agents ifany. | Date of the order under appeal. | Date of filing appeal. | Date of appearance of the Respondent his Pleaderor his agent. | Miscellaneous application if any and date of itsfiling. | Date of Interim order, if any passed by theTribunal. | Date of final order/decision passed by theTribunal. | Whether decided unanimously or by majority. | Remarks. |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| Sl. No. | Name of parties and their Pleaders or agents ifany. | Gist of substances/ grounds of application. | Date of filing the application. | Date of appearance of the Opponent his Pleaderor his agent. | Miscellaneous application if any and date of itsfiling. | Date of Interim order, if any passed by theTribunal. | Date of final order passed by theTribunal. | Whether decided unanimously or by majority. | Remarks. |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
1.
2.
(Given under the hand and seal of the Bihar Co-operative Tribunal)By OrderDateSealSecretaryForm-VI[See Rule 25 (2)]Register of Application for copies of documents/ orders| Sl. No. | Name and address of the applicant. | Appeal/ Case No. | Number of applications. | Documents applied for copy of. | Date of application made for copy of. | Date on which the documents was made ready forgiving copy of. | Date of delivery of copy/ copies. | Signature of applicant who received copy. | Remarks. |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| Sl. No. | Name and address of the applicant. | Appeal/ Case No. | Number of applications. | Documents applied for inspection. | Date of application made for inspection. | Date on which the documents was made ready forinspection. | Date of inspection. | Signature of applicant who inspected the document. | Remarks. |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| Sl. No. | Name of the parties and their Pleaders or agentsif any. | Date of order, if any in respect of whichapplication is made. | Date of filing the application. | Substance of the application. | Date of the order of the Tribunal. | The order passed by the Tribunal. | Whether passed unanimously or by majority. | Remarks. |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |