Section 197(2) in West Bengal Co-operative Societies Rules, 2011
(2)The method of disposal of its business by the co-operative tribunal shall till it make regulations with the approval of the State Government, for regulating its procedure and disposal of its business, be as follows(a)every memorandum of appeal of application for review shall be presented in person by the appellant or the applicant, as the case may be, by the applicant or Pleader or duly appointed agent to the Secretary within office hours of the tribunal or by registered post;(b)whether a memorandum of appeal or application for review is presented by the applicant or Pleader or an agent, it shall be accompanied by a Vakalatnama bearing a Court Fee Stamp of Rs. 10/- or a letter of authority as the case may be, appointing him as such and duly signed by the appellant or the applicant, as the case may be;(c)every memorandum of appeal or application for review shall(i)be either typewritten or written in ink in legible handwriting;(ii)state the name and address of the applicant or applicant, as the case may be, and also those of respondents or the opposite parties, as the case may be;(iii)state the date of the order complained of and the authority by which the order was passed;(iv)state clearly the grounds on which the memorandum of appeal or the application for review is made;(v)state precisely the relief that the appellant or the applicant claims;(vi)bear a court fee stamp of rupees ten in case of memorandum of appeal and or rupees five in case of application for review.(d)every memorandum of appeal or application for review shall be accompanied by a certified copy of the award or order complained of. The memorandum of appeal or the application for review, as the case may be, shall be further accompanied by as many copies of the memorandum or the application as there are respondents or opposite parties.(e)on receipt of every memorandum of appeal or application for review, the Secretary shall endorse on it the date of its receipt. The Secretary shall, as soon as practicable, examine(i)whether the person presenting it has authority to do so;(ii)whether it is made within the period of limitation (if any) laid down in the Act; and(iii)whether it conforms to the provisions of the Act and these rules. If the Secretary is satisfied on these points, he shall cause the memorandum of appeal or application to be registered in an appropriate register maintained under clause (f).If the secretary finds that the memorandum of appeal or application presented to him does not conform to any of the aforesaid provisions he shall make a note to that effect and call upon the party concerned or his advocate or pleader or agent, to remedy the defects within a period of fifteen day from the date of receipt of notice requiring him to do so. If the defects are not removed within the aforesaid period the Secretary shall place the matter before the tribunal. If the defect in the memorandum of appeal or application is remedied, the Secretary shall cause it to be registered in the appropriate register.(f)The Secretary shall maintain separate registers for(i)memorandum of appeal in Form XXXVIII-A;(ii)applications for review in Form XXXVIII-B;(iii)miscellaneous applications in Form XXXVIII-C;(iv)unregistered memorandum of appeals and applications in Form XXXVIII-D; and(v)court fee received in Form XXXVIII-E.(g)When a memorandum of appeal or an application has been registered, the Secretary shall, as soon as may be, send an intimation thereof to the Registrar or other officers concerned calling for the records and proceedings relating to such memorandum of appeal or application unless those records and proceedings are already in the offiCe of the tribunal.(h)After the registration of the memorandum of appeal or application subject to Order XLI, rule 11, of the Code of Civil Procedure the tribunal shall fix a date of hearing of the same. After the date of hearing is fixed a notice in Form XXXVIII-F shall be served by the Secretary on the parties concerned calling upon them to appeal before the tribunal either in person or through their Advocates or Pleaders or agents on the date specified in the notice or on any subsequent date to which the bearing may be adjourned by the tribunal. On the date fixed for hearing or any other date to which the hearing may be adjourned, the appellant or applicant or his Advocate or Pleader or agent shall ordinarily be heard first in support of his appeal or application.The respondent or the opposite party or his Advocate or Pleader or agent shall, in case where the respondent or the opposite party or his Advocate or Pleader or agent is heard, be entitled to a right to apply on point of law only.A certified copy of every judgment or final order of the tribunal shall. as soon as practicable, be forwarded to the Registrar with the appeal or application, as the case may be certified copies of the judgment or final order may also be applied to the parties on application being made in that behalf.
