Section 144 in The Orissa Co-operative Societies Rules, 1965
144. [ Filing and disposal of appeal under Section 109. [Inserted by Orissa Gazette Extraordinary No. 944-dated 27.7.1981, w.e.f. 14.10.1981]
(1)An appeal under Section 109 shall lie to such authorities as specified in Rule 144-A, and shall be presented by the appellant or by his duly appointed agent either in person during office hours or sent to it by registered post.](2)When such an appeal is presented by an agent it shall be accompanied by a letter of authority of the appellant appointing him as such.(3)Every appeal shall be accompanied by a certified copy of the order against which the appeal is preferred.(4)Every appeal shall -(i)be either type-written or hand-written in ink legibly;(ii)specify the name and the address of the appellant and also the name and address of the opponent, as the case may be;(iii)state by whom the order against which the appeal is preferred was made;(iv)clearly state the grounds on which the appeal is made;(v)state precisely the relief which the appellant claims; and(vi)give the date of the order appealed against.(5)On receipt of the appeal, the appellate authority shall endorse on it the date of its receipt by it.The appellate authority shall, as soon as possible, examine it and satisfy itself that -(i)the person presenting it has the authority to do so;(ii)that it is made within the prescribed time-limit; and(iii)that it conforms to all the provisions of the act and these rules.(6)If the appellate authority finds that the appeal presented does not conform to any of the said provisions, it shall make note on the appeal to that effect and may call upon the appellant or his agent to remedy the defect within such period as the Registrar may fix.(7)If the defect is remedied, the appellate authority may proceed to consider the appeal.(8)If the appellant or his agent fails to remedy the defects within the fixed period, the appellate authority may dismiss the appeal.(9)Any appeal not filed within the prescribed time-limit may be admitted when the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within such period.(10)On the date so fixed, the appellate authority shall go through the relevant papers, hear the appellant or his agent, if present and pass suitable order on the appeal.(11)The appellate authority may, at its discretion, adjourn to any other day hearing of any appeal at any stage.(12)When the hearing of the appeal is completed, the appellate authority shall announce its judgement forthwith or may reserve it for a subsequent date in which case, the judgement shall be communicated to the parties.(13)Every decision or order of the appellate authority shall be supplied to the appellant and such other parties as in the opinion of the appellate authority are likely to be affected by the decision or the order.
