State of Chattisgarh - Act
Chhattisgarh State Co-operative Tribunal Regulations, 2016
CHHATTISGARH
India
India
Chhattisgarh State Co-operative Tribunal Regulations, 2016
Rule CHHATTISGARH-STATE-CO-OPERATIVE-TRIBUNAL-REGULATIONS-2016 of 2016
- Published on 25 April 2016
- Commenced on 25 April 2016
- [This is the version of this document from 25 April 2016.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
2. Definitions.
3. Place of hearing.
- All appeals, revision and review petitions shall ordinarily be heard at the headquarters of the Tribunal:Provided that the Tribunal may also hold its sittings at the Divisional headquarters in the State on such date as may be notified in the Gazette.4. Office hours.
5. Language.
- Language of the Tribunal shall be in English and may also be in Hindi and parties to a proceeding may also file documents drawn up in Hindi.Chapter-III Procedure6. Procedure for 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 Code of Civil Procedure, 1908 (No. 5 of 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.
12. Procedure for hearing and adjournment.
- On the date fixed for hearing or any other date to which the hearing may be adjourned, advocate of appellant or applicant shall ordinarily be heard first in support of the appeal or application, as the case may be, and then the respondent or non-applicant or his advocate shall, if necessary, be heard next and in such cases the appellant or the applicant shall be entitled to reply to the respondent/non-applicant.13. Evidence.
14. Discovery, inspection and admission of documents.
- The rules under Order XI and XII of the Code of Civil Procedure, 1908 (No. 5 of 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 Code of Civil Procedure, 1908 (No. 5 of 1908), mutatis mutandis, shall be applicable in the proceedings before the Tribunal.16. Adjournment.
17. Procedure in case of death of an appellant or an applicant.
- The provisions of Rules 1 to!2 of Order XXII of the Code of Civil Procedure, 1908 (No. 5 of 1908) shall apply mutatis mutandis, with regard to death of parties and to bring their legal representatives on record.18. Order.
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.
- The Chairman and departmental members, if any, shall wear white shirt, white band, black coat, white striped or gray coat, white striped or gray trousers and gown.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. Additional powers and duties of the Registrar.
- In addition to the above referred powers, the Registrar shall have the following powers and shall perform following 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 inches diameter as its official seal with the National emblem with the following inscription in Hindi-"Chhattisgarh Rajya Sahakari Adhikaran", Bilaspur.28. Disposal by Common order.
- If various appeals or revisions are pending before the Tribunal involving common point for consideration, the Tribunal may club together all such matters and dispose them off by a common order.29. Publication of orders.
- Orders of the Tribunal, as deemed fit for publication shall be certified as "approved for reporting" by the Chairman or the member, if any, as the case may be, in any authoritative report and may be released for publication on such terms and conditions as may be laid down by the Tribunal.30. Preservation and distribution 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. 5 of 1908).32. Responsibility of Officers.
- All notices, letters, orders issued by the Tribunal for service on parties or any other officers, shall be served by the concerned Assistant Registrar, Deputy Registrar, Joint Registrar. Additional Registrar or Registrar, Cooperative Societies, as the case may be, and shall be remitted back to the Tribunal after due service before the 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.33. Requisition of records.
- Assistant, Deputy, Joint, Additional Registrar or Registrar of the Co-operative Department in the State, while dispatching their records to the Tribunal, shall invariably mention in their covering memo, number of appeal, revision or miscellaneous petition before the Tribunal and date of hearing fixed in the matter by the Tribunal.34. Affidavits.
35. Costs.
36. Clerical or arithmetical mistakes.
- Clerical or artichmetical mistakes in judgments 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 give an opportunity of being heard to the parties likely to be affected by such correction.37. 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 (No. 2 of 1974).38. 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. 21- per respondent/non-applicant, as the case may be, in the form of Court fee.39. Court fees.
- Court fees 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 fifth para of clause (b) and clause (c) of item no. 1 and item nos. 10, 11 (a) and 12 of Schedule II of the Court Fees Act, 1870 (No. 7 of 1870).40. Filing Fees.
- Any party filing certified copy of any document before the Tribunal shall affix Court fees labels of Rs. 21- on each of such documents.Form 'A'[See Regulation 7(1)]Chhattisgarh State Co-operative Tribunal, BilaspurRegister of Appeal against the orders of Registrar/Joint Registrar etc.| Date of Institution | Number of Appeal | Applicant | ||
| Name | Description | Place of Residence | ||
| (1) | (2) | (3) | (4) | (5) |
| Respondent | Order appealed from (with case number/ name of parties/name of lower Court) | Date for parties to appear | Order | Remarks | ||
| Name | Description | Place of Residence | Date of confirmation set aside or varied | |||
| (6) | (7) | (8) | (9) | (10) | (11) | (12) |
| Date of Institution | Number of Revision | Applicant | Respondent | ||||
| Name | Description | Place of Residence | Name | Description | Place of Residence | ||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| Order against which case is filed | Case date for parties to appear | Order | Remarks | ||
| Case number | Name of parties | Name of Lower Court | Date of confirmation set aside or varied | ||
| (9) | (10) | (11) | (12) | (13) | (14) |
| Date of Institution | Number of review petition | Applicant | ||
| Name | Description | Place of Residence | ||
| (1) | (2) | (3) | (4) | (5) |
| Non-applicant | Order sought to be reviewed | Date of parties to appear | Order | Remarks | |||
| Name | Description | Place of Residence | Case Number | Name of parties | Date of confirmation set aside or varied | ||
| (6) | (7) | (8) | (9) | (10) | (ii) | (12) | (13) |
| Date of Institution | Case Number of miscellaneous application | Applicant | ||
| Name | Description | Place of Residence | ||
| (1) | (2) | (3) | (4) | (5) |
| Non-applicant | Application under Section Case Number | Date for parties to appear | Order | Remarks | ||
| Name | Description | Place of Residence | Date of order with description | |||
| (6) | (7) | (8) | (9) | (10) | (11) | (12) |
| Name of Parties :................ | Appellant/Applicant................................. |