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State of Odisha - Section

Section 24U in The Orissa Agricultural Produce Markets Rules, 1958

24U.

(1)Dispute and their redressal.- All petitions seeking a redressal of disputes under Sub-section (3) of Section 6D of the Act, shall be in writing and such petitions shall be accompanied by-
(i)A statement of the subject matter of the dispute;
(ii)A statement of the claim;
(iii)A copy of the relevant Contract Farming Agreement;
(iv)Such other statement or records as may be necessary to support the claim;
(2)Verification of petitions - Every dispute petition shall be verified and signed by the party or by one of the parties submitting the petition and shall state the date on which and the place at which it was signed.
(3)Written Statement - The defendant may, at or before the first hearing or within such time as the Director or other officers hearing the dispute may permit, present a written statement of his defence.
(4)Fees for filing of dispute - A fee of Rs.10.00 on each petition shall be paid by way of affixing of Court fee stamp.
(5)Procedure for settlement of dispute-
(i)The Director may, on receipt of a reference of a dispute under Sub-section (3) of Section 6D,-
(a)decide the dispute himself, or
(b)transfer it for disposal to any person who has been vested by the Government with powers in that behalf.
(ii)The Director may withdraw any reference transferred under clause (i) and decide it himself it himself o' transfer the same to another person so vested with the powers.
(6)The Director or any other person to whom the dispute is referred for decision under this rule may, pending the decision of the dispute, make such interlocutory orders as he may deem necessary in the interest of justice.
(7)In the proceedings, the Director or the person to whom the dispute is transferred or referred for disposal, shall fix the date, hour and the place of hearing of dispute and issue notice to the parties concerned at least 7 days before the date fixed for hearing of the dispute.
(8)Award or Decision - The Director or any person deciding the dispute shall, record a brief memorandum of the evidence of the parties and witnesses and upon the evidence so recorded and after consideration of any documentary evidence produced by the parties, a decision or award, as the case may be, shall be given on principles of justice and equity within 30 days from the date of reference. The decision shall be communicated to all the parties concerned immediately.
(9)Consequence of non-appearance of parties-
(i)When neither party appears, and the case of dispute is called for hearing then the case shall be dismissed.
(ii)Where the defendant appears and the petitioner does not appear and the case is called for hearing the case shall be dismissed.
(iii)When a case is dismissed for non-appearance of the petitioner, he may apply to set aside the dismissal order on showing sufficient cause for his previous non-appearance within a period of 30 days from the date of passing of the order.
(iv)When the petitioner appears and the defendant does not appear and the case is called for hearing, the hearing may proceed ex parte provided the summons were duly served on the defendant.
(v)When in any case in which a decision is passed ex parte against the defendant he may apply for an order to set aside and upon his satisfying that he was prevented by sufficient cause from appearing when the case was called for hearing, an order setting aside the decision as against the defendant shall be passed and a date shall be appointed for hearing of the case.
(10)Disposal of Records - The original records of the proceedings after the decision has been delivered shall be kept in such place in such manner as the Director may direct, and any document or record tendered by a party in any dispute may, on application be returned to the party after the disposal of the appeal, if any, or after the period of appeal is over.
(11)Certified Copies - A copy of the decision or award shall, on application be given to a party by the Director or any person authorized by the Director duly certified on payment of fees of Rs.10.00 for each page or part thereof within 7 days from the date of application.