State of Madhya Pradesh - Act
The M.P. Co-Operative Tribunal Regulations, 2000
MADHYA PRADESH
India
India
The M.P. Co-Operative Tribunal Regulations, 2000
Rule THE-M-P-CO-OPERATIVE-TRIBUNAL-REGULATIONS-2000 of 2000
- Published on 25 July 2000
- Commenced on 25 July 2000
- [This is the version of this document from 25 July 2000.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1. Short title and commencement.
2. Definitions.
- In these Regulations, unless the context otherwise requires,-Chapter II
Sittings and Office Hours
3. Place of hearing.
- All appeals, revision, review petitions shall ordinarily be heard at the headquarters of the Tribunal where it is functioning:Provided that the Tribunal may also hold its sittings at the Divisional headquarters in the State on such dates as may be notified in the Gazette.4. Office Hours.
5. Language.
- Language of the Tribunal shall be in English and also in Hindi, provided that the parties to a proceeding before the Tribunal may file documents drawn up in Hindi, if they so desire.Chapter III
Procedure
6. Procedure for processing of an appeal revision and review.
7. Registration of Appeal, Revision and Review Applications.
8. Appeal or review to be filed within time.
9. Service of notice.
10. Appearance of parties and consequence of non-appearance.
- Provisions of Rules 1 to 14 of Order IX of the Civil Procedure Code, 1908, shall be applicable to the proceedings before the Tribunal with such modifications as may be necessary for the purpose.11. Fixation of the date of hearing.
Chapter IV
Hearing, Adjournment and Judgements
12. Procedure for hearing and adjournment.
- On the date fixed for hearing or any other date to which the hearing may be adjourned the party or Advocate of appellant or applicant shall ordinarily be heard first in support of the appeal, the respondent or non-applicant or his Advocate shall, if necessary, be heard next and in such cases the party or the applicant shall be entitled to reply.13. Evidence.
14. Discovery, inspection and admission of documents.
- The rules under Order IX and XII of the Civil Procedure Code, 1908 shall be applicable to the cases before the Tribunal.15. Summoning and Attendance of witnesses.
- The Rules 1 to 21 of Order XVI and Rules 1 to 7 of Order XVI-A of the Civil Procedure Code, 1908 shall be applicable in the proceedings before the Tribunal mutatis mutandis.16. Adjournment.
17. Procedure in case of death of an appellant or an applicant.
- The provisions of Order 22 Rules 1 to 13 of the Code of Civil Procedure, 1908 shall apply mutatis mutandis, with regard to death of parties and to bring their legal representatives on record.18. Order.
Chapter V
Miscellaneous
19. Copies of documents and orders of Tribunal.
20. Listing of cases.
21. Order and directions in certain cases.
- The Tribunal may make such orders or give such directions as may be necessary or expedient to give effect to or in relation to its orders or to prevent abuse of its process or to secure the ends of justice.22. Dress for Chairman and departmental members.
23. Dress for Legal Practitioner.
- Every Legal Practitioner shall appear before the Tribunal in his professional dress and shall also wear gown.24. Public holidays and vacation.
25. Power and functions of the Registrar.
26. In addition to the above referred powers, the Registrar shall have the following powers and perform duties, subject to any general and special order of the Chairman namely.
27. Seal and emblem.
- The Tribunal shall use a circular seal of 2" diameter as its official seal with the National emblem with the following inscription in Hindi:"Madhya Pradesh Rajya Sahakari Adhikaran", Bhopal.28. Disposal by Common order.
- If various appeals or revisions pending before the Tribunal, involve common point for consideration, the Tribunal may club together all such matters and dispose them of by a common order.29. Publication of orders.
- Such of the orders of the Tribunal as deemed fit for publication and certified as "approved for reporting" by the Chairman and the member, if any, as the case may be, in any authoritative report, may be released for publication on such terms and conditions, as may be laid down by the Tribunal.30. Preservation and distribution of disposed of records.
31. Rules relating to civil rules of practice and procedure to be followed.
- Whenever these regulations are silent on the question of any procedure, the Tribunal shall follow the procedure stipulated under the Code of Civil Procedure, 1908 (No. V of 1908).32.
33.
All notices, letters, orders issued by this Tribunal for service on parties or any other officers, shall be served by the concerned Asstt. Registrar, Dy. Registrar, Joint Registrar, Additional Registrar or Registrar, Co-operative Societies, as the case may be, and shall be returned back to the Tribunal after due service and complied before due date fixed in the matter. Any instance of non-compliance, without any sufficient cause or excuse shall expose the concerned officer at fault, for an action to disobey the judicial order of the Tribunal.34.
Assistant, Deputy, Joint or Additional Registrar of the Co-operative Department in the State, while despatching their records to the Tribunal, shall invariably mention in their covering memo, number of appeal, revision or miscellaneous petition of the Tribunal and date of hearing fixed in the matter by the Tribunal.35.
It will be obligatory on the applicant or the appellant as the case may be, to file the certified copies of all orders under challenge before the Tribunal in the Appeal or Revision, as the case may be. However, a second appeal may be accepted in absence of certified copy of Trial Court's order and in its place the appellant may file true copy of the order of the Trial Court.36.
Party filing the revision petition, shall along with such petition also file photocopy of the petition, stay application and its reply, if any, filed in the Lower Court and all other necessary documents in support of his revision petition along with such petition.37.
Any party sending its appeal, revision or any other petition by post, shall also enclose with it one envelope containing (affixed thereon) postage tickets of Rs. 20/- for issuance of a notice to him for motion hearing. In the absence of such postal charges, such appeal, revision or miscellaneous petitions received through post shall not be listed for hearing and shall be filed.38. Affidavits.
39. Costs.
40. Clerical or arithmetical mistakes.
- Clerical or arithmetical mistakes in judgements or orders or errors therein from accidental slip or omission, may, at any time, be corrected by a Bench of the Tribunal on its own motion or on the application of any party:Provided that the Bench before ordering such correction shall given an opportunity of being heard to the parties likely to be affected by such correction.41. Proceedings of Tribunal to be judicial proceedings.
- Any proceedings before the Tribunal shall be deemed to be a judicial proceedings within the meaning of Sections 193 and 228 and for the purpose of Section 196 of the Indian Penal Code and the Tribunal shall be deemed to be a Civil Court for the purpose of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).42. Process fees.
- Process fees for issuing notice shall be paid by the appellant or applicant, as the case may be, at the rate of Rs. 2/- per respondent/ non-applicant, as the case may be, in the form of Court fee.43. Court fees.
- Court fee payable on Vakalatnama, Memorandum of Appeal, Review, Revision Caveat Application or any other miscellaneous application to be filed in the Tribunal, shall be the same as has been shown in Schedule II, in item No. 1, clause (B), Column 5, clause (E) and item Nos. 10,11 (a) and 12 of the Court Fees Act, 1870 (No. 7 of 1870).44. Filing Fees.
- Any party filing certified copy of any document before the Tribunal shall affix Court fees labels of Rs. 2/- on each of such documents.Form 'A'[See Regulation 7 (1)]M.P. State Co-operative Tribunal, BhopalRegister of Appeal against the orders of Registrar/Joint Registrar etc.| Date of InstitutionNo. of appeal | Applicant | |||
| Name | Description | Place of Residence | ||
| (1) | (2) | (3) | (4) | (5) |
| Respondent | Order appealed from (with case number) name ofparties/name of Lower Court | Date for parties to appear | Order | |||
| Name | Description | Place of Residence | Date of confirmation set aside or varied | Remarks | ||
| (6) | (7) | (8) | (9) | (10) | (11) | (12) |
| Date of Institution | No. of Revision | Applicant | Non-applicant | ||||
| Name | Description | Place of residence | Name | Description | Place of residence | ||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| Order against which case filed | Date for parties to appear | Order | |||
| Case No. | Name of parties | Name of Lower Court | Date of confirmation set aside or varied | Remarks | |
| (9) | (10) | (11) | (12) | (13) | (14) |
| Date of Institution | Case No. | Applicant | Non-applicant | ||||
| Name | Description | Place of residence | Name | Description | Place of residence | ||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| Order sought to be revised | Date for parties to appear | Order date ofconfirmation set aside or variedRemarks | ||
| Case No. | Name of parties | |||
| (9) | (10) | (11) | (12) | (13) |
| Date of Institution | Case No. | Applicant | ||
| Name | Description | Place of residence | ||
| (1) | (2) | (3) | (4) | (5) |
| Non-applicant | Application under Section | Date for parties to appear | Order date of order with description | Remarks | ||
| Name | Description | Place of residence | Case No. | |||
| (6) | (7) | (8) | (9) | (10) | (11) | (12) |
| Name of Parties : | Appellant/Applicant |
| ........................ |