Section 101 in Rajasthan Co-operative Societies Rules, 2003
101. Procedure for presentation to and disposal of appeals by Government and Registrar under section 104.
(1) (a) An appeal to the Government or the Registrar shall be presented by the appellant or by his duly appointed agent to the appellate authority either in person during office hour or sent to it by registered post. When the appeal is presented on behalf of a society, a copy of the resolution of the Committee of the society in respect of appeal and authorising the officer to sign and present the said appeal, shall also accompany the memorandum of appeal.(b)An appeal to the State Government under the Act may be heard by such officer or officers, as may be specified by the Government.(2)When such an appeal is presented by an agent, it shall be accompanied by a letter of authority of the appellant appointing him as such.(3)Every appeal shall be accompanied with a certified copy of the order against which the appeal is preferred.(4)Every appeal shall,(i)be either type-written or hand-writing in ink legibly;(ii)specify the name and the address of the appellant and also the name and address of the opponent, as the case may be;(iii)state by whom the order against which the appeal is preferred was made;(iv)give the date of the order appealed against;(v)clearly state the grounds on which the appeal is made and;(vi)state precisely the relief which the appellant claims.(5)On receipt of the appeal, the appellate authority shall endorse on it the date of its receipt by it. The appellate authority shall, as soon as possible, examine it and satisfy itself that :-(i)the person presenting it has the authority to do so;(ii)it is made within the prescribed time; and(iii)it conforms to all the provisions of the Act and these rules.(6)If the appellate authority finds that the appeal presented does not conform to any of the provisions of this rule, it shall make a note on the appeal to that effect and may call upon the appellant or his agent to remedy the defects within a period of seven days of the receipt of the notice to do so or in case the appeal has not been presented within the prescribed time limit to show cause within the said period of seven days as to why it should not be dismissed as time barred by the appellate authority.(7)If the defect is remedied or the cause shown by the appellant or his agent satisfies the appellate authority, the appellate authority may proceed to consider the appeal.(8)If the appellant or his agent fails to remedy the defects or to show cause to the satisfaction of the appellate authority within the said period, the appellate authority :nay if the appeal is not presented within the time limit dismiss the appeal as time barred. In cases where it is considered necessary to give a hearing, the appellant authority may fix a date for hearing, of which due notice shall be given to the appellant or his agent.(9)On the date so fixed, the appellate authority shall after considering the record and hearing the appellant or his agent, if present, pass suitable order on the appeal.(10)The appellate authority may, at its discretion, adjourn to any other day the hearing of any appeal at any stage.(11)When the hearing of the appeal is completed, the appellate authority shall announce its judgment forthwith or may fix a date for the same, after giving due notice to the appellant or the other parties to the appeal.(12)Every decision or order of the appellate authority shall be in writing and a copy of the same shall be supplied to the appellant and such other parties as in the opinion of the appellate authority are likely to be affected by the decision or the order.
