The Multi-State Cooperative Societies Rules, 1985

CHAPTER VI: APPEALS AND REVISIONS

37. Appeals against order of Central Registrar-

For the purpose of clause (a)of sub-section(2) of section 90 of the Act, an appeal against any decision or order shall be made if the decision or order was made by:-

(a) the Central Registrar appointed under sub-rule(1)of section 4 of the Act, to the Secretary to the Government of India in the Department of Agriculture and Cooperation;

(b) any officer of the Central Government or any officer of the State Government of the rank of Registrar on whom powers of the Central Registrar have been conferred under sub-section (2) of section 4 of the Act, to the Additional Secretary to the Government of India in the Department of Agriculture and Cooperation;

(c) any other officer of the State Government on whom powers of Central Registrar have been conferred under sub-section(2) of section 4 of the Act, to the Chief Director (Cooperation) in the Ministry of Agriculture and Cooperation.;

38. Procedure regarding appeals and application for revision-

(1) An appeal under subsection (2) of section 90 or an application for revision under section 92 shall be either presented in person or sent by registered post to the appellate or revising authority.

(2) The appeal or the application for revision shall be in the form of a memorandum and shall be accompanied by the original or certified copy of the order appealed from or sought to be revised.

(3) Every appeal or application for revision shall:-

(a) specify the name and address of the appellant or applicant and also the name and address of the respondent, as the case may be;

(b) state by whom the order appealed from or sought to be revised was made;

(c) set forth concisely and under distinct heads, the grounds of objection to the order appealed from or sought to be revised together with a memorandum of evidence;

(d) State precisely the relief which the appellant or the applicant claims; and

(e) give the date of order appealed from or sought to be revised;

(4) Where,-

(a) an appeal under sub-section(2) of section 90 is preferred after the expiry of sixty days specified in the said sub-section; or

(b) an application for revision under sub-section(1) of section 92 is made after the expiry of ninety days from the date on which the decision or order to which the application relates is communicated to the applicant;

it shall be accompanied by a petition supported by an affidavit setting forth the facts on which the appellant or the applicant relies, to satisfy the appellate or revising authority that he had sufficient cause for not preferring the appeal of the application for revision within the period mentioned in clauses (a)and (b)

(5) On receipt of the appeal or the application for revision, the appellate or revising authority shall as soon as possible examine it and ensure that:

(a) the person presenting the appeal or the application has the locus standi to do so;

(b) it is made within the prescribed time limit; and

(c) it conforms to all the provisions of the Act and these Rules.

(6) The appellate or revising authority may call upon the appellant or the applicant for revision to remedy the defects if any, or furnish such additional information as may be necessary, within a period of fifteen days of the receipt of the notice to do so. If the appellant or the applicant for revision fails to remedy the defects or furnish the additional information called for within the said period, the appeal or the revision petition may be dismissed.

(7) The appellate or revising authority may, before passing orders under section 90 or under section 92 obtain from any subordinate officer such further information in regard to the enquiry or the proceedings for the purpose of verifying the regularity of such proceedings or the correctness, legality or propriety of any decision passed or order made therein. The appellate or revising authority may also call for and obtain from the parties connected with such enquiry or proceedings such information as is necessary with reference to the examination of the records of enquiry or proceedings and the information obtained from the subordinate officer.

(8) The appellate or revising authority shall on the basis of the enquiry conducted and with reference to the records examined, pass such order on the appeal or on the application for revision as may seem just and reasonable.

(9) Every order of the appellate or revising authority under sub-section (2) of section 90 or 92 shall be in writing and it shall be communicated to the appellant or applicant and to such other parties as in the opinion of that authority are likely to be affected by the decision or order and to the officer concerned against whose order the appeal of the application for revision was made.

39. Application for review-

(1) Every application under section 93 shall be in the form of a memorandum setting forth concisely and under distinct heads the new and important facts which after the exercise of the due diligence, were not then within the knowledge of the applicant or could not be produced by him when the order was made or mistake or errors apparent on the face of the record or order reasons on the basis of which review is sought. It shall be accompanied by a memorandum of evidence.

(2) The application shall be accompanied by the original or a certified copy of the order to which the application relates.

(3) No application for review shall be entertained unless it is accompanied by such additional number of copies as there are parties to the original order.

(4) The application shall, so far as it may be necessary, be disposed of by the appellate authority in such manner as may be deemed fit, provided that no order prejudicial to any person shall be passed unless such person has been given an opportunity of making his representation.