State of Maharashtra - Act
Maharashtra State Co-operative Tribunal Regulations, 1962
MAHARASHTRA
India
India
Maharashtra State Co-operative Tribunal Regulations, 1962
Rule MAHARASHTRA-STATE-CO-OPERATIVE-TRIBUNAL-REGULATIONS-1962 of 1962
- Published on 1 January 1962
- Commenced on 1 January 1962
- [This is the version of this document from 1 January 1962.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
General
1. Short title.
- These regulations may be called the Maharashtra State Co-operative Tribunal Regulations, 1962.2. Definitions.
- In these regulations, unless the context otherwise requires-Chapter II
Sittings and Office Hours
3. Place of hearing.
4. Notice of date of hearing.
- The Registrar shall, with the approval of the President, arrange for the sittings of the Tribunal for hearing appeals and applications and publish the dates fixed for the hearing thereof on the notice board of the Tribunal sufficiently in advance.5. Office hours.
- The office of the Tribunal shall observe the same office hours as other offices of the Government of Maharashtra in Greater Bombay observe, except that when the Tribunal is in vacation, the office shall remain open during such hours and on such days as the President may notify in the Official Gazette sufficiently in advance. It shall remain closed on Sundays and on such other days as may be declared to be holidays for such offices by the State Government.Chapter III
Presentation, Registration and Admission of Appeals and Applications
6. Presentation of appeals and applications.
7. Registration of appeals and applications.
8. Maintenance of registers.
- The Registrar shall maintain separate registers for-9. Intimation to Registrar of Co-operative Societies.
- When an appeal or application has been registered under Regulation 7, the Registrar shall, as soon as may be, send an intimation thereof in Form "G" to the Registrar of Co-operative Societies or other officer concerned, calling for the record and proceedings relating to such appeal or application, unless the papers are already in the office of the Tribunal.10. Admission.
11. Stay of execution of orders.
12. Period for entertaining revision application.
- The Tribunal shall not ordinarily entertain an application for revision under sub-section (9) of Section 149 made after ninety days from the date of the order complained of, after excluding the time required for obtaining a certified copy of such order.Chapter IV
Hearing, Adjournment and Judgement
13. Notice to parties to appear before Tribunal.
- After an appeal or application is admitted, a notice shall be served on the parties concerned in accordance with the provisions of Regulation 30 calling upon them to appear before the Tribunal on the date specified in the notice. The notice shall also state that if the party concerned does not appear before the Tribunal either in person or through his agent on the date specified in the notice or on any subsequent date to which the hearing may be adjourned the Tribunal shall hear and decide the appeal or, as the case may be. the application, ex parte.14. Procedure at the hearing.
- On the date fixed under the last preceding regulation or on any other day to which the hearing may be adjourned, the appellant or applicant or his agent or pleader shall ordinarily be heard first in support of his appeal or application. The respondent or opponent or his agent or pleader shall, if necessary, be heard next: and in such case the appellant or applicant or his agent or pleader shall be entitled to reply.15. Hearing in absence of parties.
16. Restoration of appeals and application decided ex-parte.
17. Fresh evidence and witnesses.
18. Adjournment.
- The Tribunal may at any time, on such terms and conditions as it thinks fit, adjourn the hearing of any appeal or application:Provided that, where the question of adjournment does not arise during hearing, the hearing may on such terms as he thinks fit be adjourned by the President.19. Procedure in case of death of one of several appellants or applicants or of sole appellant or applicant.
- If an appellant or applicant dies, while the appeal or application is pending and it cannot be proceeded with unless his legal representative is made a party to the appeal or application, the Tribunal shall adjourn further proceedings to enable his legal representative to appear and apply for being made a party. If the legal representative fails to do so within ninety days from the date on which the appellant or applicant dies, the appeal or, as the case may be, the application shall abate as regards the deceased, and if he be the sole appellant or applicant, the appeal or, as the case may be, the application shall be dismissed ; and if there are more than one appellant or it shall be proceeded with as regards the remaining appellants or, as the case may be, applicants.20. Procedure in case of death of one of several respondents or opponents or of sole respondent or opponent.
- If a respondent or opponent dies while the appeal or application is pending, and it cannot be proceeded with unless his legal representative is made a party to the appeal or application, the appellant or the applicant shall apply to the Tribunal for making the legal representative of such respondent or opponent a party to the appeal or as the case may be, the application, within ninety days from the date on which the respondent or opponent died. If the appellant or applicant fails to do so, the appeal or, as the case may be, the application shall abate as regards the deceased if the deceased be the sole respondent or opponent, the appeal or application, shall be dismissed and if there are more than one respondent or opponent it shall be proceeded with as regards the remaining respondent or opponents.21. No abatement by reason of death after hearing.
- Notwithstanding anything contained in Regulations 19 and 20, there shall be no abatement by reason of the death of any party, between the conclusion of the hearing and the pronouncing of the judgement; but the judgement may in such case be pronounced notwithstanding the death, and shall have the same force and effect as if it had been pronounced before the death took place. No legal representative need be made party in such case.22. Determination of legal representatives.
- If a question arises in any appeal or application, whether a person is or is not the legal representative of a deceased party, such question may be determined by the Tribunal in a summary way after taking evidence, if necessary.23. Procedure in case of assignment.
- Where, during pendency of an appeal or application, the business of a party to the appeal or application is, wholly or partially assigned to, or devolves upon, some other person or Society, the appeal or, as the case may be, the application may, by leave of the Tribunal, be continued by or against such person or Society.24. Procedure in case of insolvency.
- If a party to an appeal or application becomes insolvent and his estate becomes vested in the assignee or receiver, the latter may, by leave of the Tribunal, be made a party to the appeal or, as the case may be, the application.25. When abatement or dismissal may be set aside.
- Where an appeal or application has abated or has been dismissed, the appellant, the applicant or a person claiming to be the legal representative of deceased appellant, or applicant, as the case may be, may apply within sixty days from the date of abatement or dismissal of the appeal or, as the case may be, the application to have the abatement or dismissal set aside, and if it is proved to the satisfaction of the Tribunal that he was prevented by sufficient cause from applying within time, the abatement or dismissal shall be set aside by the Tribunal and the appeal or, as the case may be, the application proceeded with :Provided that, an application under this regulation may be admitted after the aforesaid period of sixty days from the date of abatement or dismissal, where the applicant satisfies the Tribunal that he had sufficient cause for not making the application within such period.26. Pronouncement of Judgement.
27. Signing of Judgements.
28. Certain matters to be specified in the judgement.
- The Tribunal shall state at the end of its judgement whether the appeal or application is dismissed or allowed wholly or in part and mention the relief, if any, granted to the appellant or, as the case may be, the applicant.29. Costs.
30. Supply of certified copies of judgement to Registrar of Cooperative Societies and parties concerned.
- A certified copy of every judgement of the Tribunal shall, as soon as practicable, be forwarded to the Registrar of Co-operative Societies or such other officer appointed to assist him as may be concerned with the appeal or application. Certified copies of the judgement shall also be supplied free of cost and on application to the parties concerned :Provided that, additional copies of the judgement of the Tribunal if asked for by the parties to the proceedings shall not be supplied except on payment of the fees prescribed by Regulation 37.Chapter V
Miscellaneous
31. Functions of Registrar.
- The Registrar shall perform such functions as are assigned to him by these regulations or by the President under these regulations.32. Seal of Tribunal.
- The Tribunal shall have an official seal of its own, which shall be kept in the custody of the Registrar.33. Notices, Judgement, etc., to be signed and sealed.
- Every notice and a certified copy of any document shall be signed by the Registrar with the date, month and year of signing and shall be sealed with the official seal of the Tribunal.34. Records.
- The records of the Tribunal shall be kept in the custody of the Registrar.35. Application for inspection.
- Any person who has a right to inspect a record under the provisions of the Indian Evidence Act, 1872 or under any other law for the time being in force, or to obtain copies of any records of the Tribunal of extracts therefrom, shall make an application in writing to the Registrar, stating therein the purpose for which the said request is made.36. Grant of application for inspection.
37. Fees for copies of documents.
| (i) | for the first 200 words or less English | ... 80 nP. |
| Vernacular | ... 40 nP. | |
| (ii) | for every additional 100 words or fraction thereof English | ... 40 nP. |
| Vernacular | ... 20 nP. |
38. Forms of notices.
- Forms I to M, 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.39. Service of notices.
| Serial No. | Names of parties and their pleaders or agent, ifany | Date of the decision under appeal | Date of filing the appeal | Date of appearance of the respondent, his pleaderor his agent |
| (1) | (2) | (3) | (4) | (5) |
| Date of decision by the Tribunal | Final order passed by the Tribunal | Whether decided unanimously or by majority | Remarks |
| (6) | (7) | (8) | (9) |
| Serial No. | Names of parties and their pleaders or agents, ifany | Date of the decision sought to be revised | Date of filing the application | Date of appearance of the opponent, his pleaderor his agent |
| (1) | (2) | (3) | (4) | (5) |
| Date of decision by the Tribunal | Final order passed by the Tribunal | Whether decided unanimously or by majority | Remarks |
| (6) | (7) | (8) | (9) |
| Serial No. | Names of parties and their pleaders or agent, ifany | Date of the decision of the Tribunal by whichappeal or application sought to be restored was decided expartewith No. and year | Date of filing the application | Date of appearance of the opponent, his pleaderor his agent |
| (1) | (2) | (3) | (4) | (5) |
| Date of decision by the Tribunal | Final order passed by the Tribunal | Whether decided unanimously or by majority | Remarks |
| (6) | (7) | (8) | (9) |
| Serial No. | Names of parties and their pleaders or agents, ifany | Date of the order sought to be reviewed | Date of filing the application | Date of appearance of the opponent, his pleaderor his agent |
| (1) | (2) | (3) | (4) | (5) |
| Date of the order by the Tribunal | The order passed by the Tribunal | Whether decided unanimously or by majority | Remarks |
| (6) | (7) | (8) | (9) |
| Serial No. | Names of parties and their pleaders or agents, ifany | Date of order, if any, in respect of which application is made | Date of filing the application | Substance of the application |
| (1) | (2) | (3) | (4) | (5) |
| Date of the order by the Tribunal | The order passed by the Tribunal | Whether decided unanimously or by majority | Remarks |
| (6) | (7) | (8) | (9) |
| Serial No. | Date of Receipt | Name of the Parties | Date and No. of the order complained of | Remarks |
| (1) | (2) | (3) | (4) | (5) |
| AppealApplication| No. of 20 |
| Appellant ;Applicant ; |
| Respondent.Opponent. |
| Please take notice that the abovenamed| appellantapplicant| has filed an |
| appealapplication for revision| before this Tribunal against the decision in....... No...... of 20..... of your file. |
| of the above| appealapplication| with all practicable despatch. |
| Date | By order. |
| (Seal) | Registrar. |
| AppealApplication| No. of 20 |
| Appellant ;Applicant ; |
| Respondent.Opponent. |
| {| |
| By the| AppellantApplicant |
| By the =| RespondentOpponent |
| Prepared by Clerk | Date........ |
| By order. | |
| (Seal) | |
| Examined | Registrar. |
| Clerk |
| AppealApplication| No. of 20 |
| Appellant ;Applicant ; |
| Respondent.Opponent. |
| The abovenamed| AppellantApplicant |
| You have filed an| AppealApplication for revision| against the order of the |
2. You are hereby required to remedy the defects within 7 days of the receipt of this notice by you. If you fail, the matter will be placed for orders before the Tribunal.
Given under my hand and the seal of the Tribunal.By order.DateRegistrar.| AppealApplication| No. of 20 |
| Appellant ;Applicant ; |
| Respondent.Opponent. |
| The abovenamed| AppellantApplicant |
| Take notice that the| AppealApplication for revision| filed by you against the |
| AppealApplication| No. of 19 |
| Appellant ;Applicant ; |
| Respondent.Opponent. |
| The abovenamed| AppellantApplicant |
| Take notice that the above| AppealApplication for revision| filed by you against the has been set down for hearing by the Tribunal |
| on.............at 12 noon at Bombay/ to decide whether the| AppealApplication| should be admitted or not, and that you should |
| AppealApplication| No. of 20 |
| Appellant ;Applicant ; |
| Respondent.Opponent. |
| The abovenamed| RespondentOpponent |
| Take Notice that the abovenamed| AppellantApplicant| has filed an ..........appeal/application for revision |
| the Tribunal will hear and decide the| AppealApplication| ex-parte. |
| AppealRevision Application| No. of 20 |
| Appellant ;Applicant ; |
| Respondent.Opponent. |