THE MAHARASHTRA STATE CO-OPERATIVE TRIBUNAL REGULATIONS, 1962

No. 1161/S746-G.-In exercise of the powers conferred by subsection (7) of section 149 of the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961) and with the previous sanction of the Government of Maharashtra and in super session of the Bombay Co-operative Tribunal Regulations, 1949, the Maharashtra State Cooperative Tribunal hereby frames the following regulations, namely:-

REGULATIONS

CHAPTER 1

GENERAL

01. SHORT TITLE- These regulations may be called the Maharashtra State Co-operative Tribunal Regulations, 1962.

02. DEFINITIONS- In these regulations, unless the context otherwise requires -

(a) "Act" means the Maharashtra Co-operative Societies Act, 1960

(b) "appeal" means an appeal made to the Tribunal as provided under the Act

(c) application" means an application for revision or review made to the Tribunal as provided under the Act;

(d) "application for restoration" means an application made        under regulation 16

(e) "Bench" means a Bench of the Tribunal constituted by the President under sub-section (4) of section 149;

(f) "Form" means a form appended to these regulations;

(g) "legal representative" means a person who in law represents the estate of a deceased person and includes any person decided by the Tribunal to represent the deceased person in the proceedings pending before the Tribunal, unless and until a competent court has decided otherwise;

(h) member" means a member of the Tribunal and includes         the President; "pleader" means a pleader as defined in clause (15) o section 2 of the Code of Civil Procedure, 1908;

(i) "President" means the President of the Tribunal;

(k) "Registrar", except in the expression "Registrar of Co-operative Societies", means the Registrar of the Tribunal and includes a person who is for the time being discharging the functions of the Registrar;

(1) rules" means the rules made by the State Government under section 165, and the word "rule" shall be construe& accordingly;

(m) "section" means a section of the Act;

(n) "Tribunal" means the Maharashtra State Co-operative -Tribunal constituted under sub-section (1) of section 149; -

(o) words and expressions used but not defined in these regulations shall have the meanings assigned to them in the Act and the rules.

CHAPTER II-SITTINGS AND OFFICE HOURS

03. PLACE OF HEARING. - (1) The headquarters of the Tribunal shall be at Bombay or such other place as may be notified by the State Government in the Official Gazette.

(2) All appeals and applications shall ordinarily be heard at the headquarters:

Provided that, the Tribunal may, having regard to the number of appeals or applications received from any particular area or for any other reason hear them at any other convenient place in the State of Maharashtra.

(3) Sufficient notice of the sitting of the Tribunal or the Bench outside Greater Bombay shall be given by publication on the notice board of the Tribunal and in any two newspapers having circulation at the place where the sitting is to be held.

04. NOTICE OF DATE OF HEARING.- The Registrar shall, with the approval of the President, arrange for the sittings of the Tribunal for hearing appeals and applications and publish the dates fixed for the hearing thereof on the notice board of the Tribunal sufficiently in advance.

05. OFFICE HOURS.- The office of the Tribunal shall observe the same office hours as other offices of the Government of Maharashtra in Greater Bombay observe, except that when the Tribunal is in vacation, the office shall remain open during such hours and on such days as the President may notify in the Official Gazette sufficiently in advance. It shall remain closed on Sundays and on such other days as may be declared to be days for such offices by the State Government.

CHAPTER III-PRESENTATION REGISTRATION AND ADMISSION OF APPEALS AND APPLICATIONS

06. PRESENTATION OF APPEALS AND APPLICATIONS- (1) Every appeal or application shall be presented in person by the appellant or the applicant as the case may be, or by their duly appointed agent, to the Registrar during office hours of the Tribunal or sent to him by registered post. Where appeals or applications are sent by posts, they shall not be accepted unless due postage has been paid.

(2) Where an appeal or application is signed and presented by an agent it shall be accompanied by a letter of authority appointing him as such and duly signed by the appellant or the applicant, as the case may be.

(3) Every appeal and application shall be made in accordance with the provisions of the Act, the rules and these regulations and shall bear a court fee stamp as prescribed by the Bombay Court-fees Act, 1959, for such appeal or application, as the case may be.

(4) Every appeal and application shall

(a) by either typewritten or written in ink in legible hand;

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

(c) state whether the order complained of was made by the Registrar of Co-operative Societies or by a nominee or Board of Nominees appointed by him or by any officer or authority and the date of such order;

(d) state clearly the grounds on which the appeal or application is made;

(e) state precisely the relief which the appellant or applicant claims;

(f) if presented after the expiry of the period of limitation (if any), state why it was not filed in time and why it should not be rejected.

(5) Every appeal or application shall be accompanied by one certified copy of the award or order complained of and three uncertified copies thereof, with three copies of the memorandum of appeal or application. Such copies shall be tendered in three sets in the form of paper-books.

(6) No appeal or application shall be accepted by the Registrar unless it complies with the requirements of this regulation:

Provided that, an appeal or application may, with the sanction of the President, be accepted, if the President is of opinion that compliance with any of such requirements in any particular case is not necessary.

07. REGISTRATION OF APPEALS AND APPLICATIONS. - (1) On receipt of an appeal or application, the Registrar shall endorse on it the date of its receipt by him. The Registrar shall, as soon as possible, examine it and satisfy himself

(a) that the person presenting it has authority to do so;

(b) that it is made within the period of limitation (if any) laid down in the Act;

(c) that it conforms with all the provisions of the Act, the rules and these regulations.

If the Registrar is satisfied on these points, he shall cause the appeal or application to be registered in the appropriate register maintained under regulation 8:

Provided that, where the defects to be remedied are of a minor, nature, the Registrar may cause such appeal or application to be registered as aforesaid.

(2) If the Registrar finds that the appeal or application presented to him does not conform to any of the aforesaid provisions, he shall make a note on the appeal or application to that effect, and call upon the party concerned or his agent to remedy the defects within a period of seven days of the receipt of notice to do so or, where the appeal or application has not prima facie been made within the period of limitation, to show cause why it should not be dismissed as time barred. The Registrar may, for sufficient cause, extend the period for the purpose of remedying the defects or showing cause, as aforesaid, provided that if extension of more than fifteen days is sought, the Registrar shall place the matter before the President and obtain his orders in that behalf.

(3) If the defect in an appeal or application is remedied or sufficient cause is shown to the satisfaction of the President for not making an appeal or application within the prescribed period, the Registrar shall cause it to be registered in the appropriate register.

(4) If the party concerned or his agent fails to remedy the defect or to show cause to the satisfaction of the President, the Registrar shall with the consent of the President, fix a date for the hearing of which due notice shall be given to the party concerned or his agent.

(5) On the date so fixed, the Tribunal shall hear the party or his agent and pass suitable orders either rejecting the appeal or application or directing it to be registered.

(6) When an appeal or application has been ordered to be registered under this regulation, the Registrar shall see that it is registered as soon as practicable and in any case not later then seven days from the date of the order requiring it to be registered.

08. MAINTENANCE OF REGISTERS. - The Registrar shall maintain separate registers for

(i)         appeals in Form A;

(ii)        applications for revision in Form B;

(iii)       applications for restoration in Form C

(iv)       applications for review in Form D;

(v)        miscellaneous applications in Form E;

(vi)       unregistered appeals and applications in Form F.

09. Intimation to Registrar of Co-operative Societies.- When an appeal or application has been registered under regulation 7, the Registrar shall , as soon as may be, send an intimation thereof in Form V to the Registrar of Co-operative Societies or other officer concerned, calling for the record and proceedings relating to such appeal or application, unless the papers are already in the office of the Tribunal.

10. ADMISSION. - (1) On the receipt of the records and proceedings of an appeal or application, the President shall go through the relevant record and if he is of the opinion that there is substance in the appeal or application, he shall admit it.

(2) If the President is of the opinion that there is no substance in the appeal or application, he may direct

(a) that it be placed before the Tribunal for preliminary hearing -on a date to be fixed by him, or

(b) that the papers be circulated among the members of the Tribunal with a view to ascertaining their opinion whether the appeal or application should be admitted or not.

(3) Where the President fixes a date for preliminary hearing under clause (a) of sub-regulation (2), the Registrar shall give a notice thereof to the appellant or, as the case may be, the applicant or his agent. Such notice shall state that if the appellant or the applicant does not appear before the Tribunal, either in person through his duly appointed agent, on the date fixed for the hearing, the appeal or, as the case may be, the application shall be heard and decided ex parte.

(4) No appeal or application shall be rejected under this regulation unless an opportunity is given to the appellant or, as the case may be, the applicant to represent his case before the Tribunal and grounds for rejection are recorded.

(5) Where in any case the President is of the opinion that it is not necessary to go through any record or proceedings pertaining to an appeal or application, he may admit it without waiting for or going through such record or proceedings.

11. STAY OF EXECUTION OF ORDERS.- (1) Pending a decision on an appeal or application, the Tribunal, the President or a member authorised in this behalf by the President may direct, the execution of any award or order against which the appeal or application is made to be stayed as may be deemed fit. A notice shall then be served on the respondent or opponent to show cause on a date specified therein why the interim order staying the execution should not be made absolute and the intimation thereof shall also be given to the appellant or applicant.

(2) On the date so specified, after hearing the parties, the interim order may be confirmed, modified or vacated.

12. PERIOD FOR ENTERTAINING REVISION APPLICATION.- The Tribunal shall not ordinarily entertain an application for revision under subsection (9) of section 149 made after ninety days from the date of the order complained of, after excluding the time required for obtaining a certified copy of such order.

CHAPTER IV-HEARING, ADJOURNMENT AND JUDGEMENT

13. NOTICE TO PARTIES TO APPEAR BEFORE TRIBUNAL.- After an appeal or application is admitted, a notice shall be served on the parties concerned in accordance with the provisions of regulation 39 calling upon them to appear before the Tribunal on the date specified in the notice. The notice shall also state that if the party concerned does not appear before the Tribunal either in person or through his agent on the date specified in the notice or on any subsequent date to which the hearing may be adjourned the Tribunal shall hear and decide the appeal or, as the case may be, the application, ex-parte.

14. PROCEDURE AT THE HEARING.- On the date fixed under the last preceding regulation or on any other day to which the hearing may be adjourned, the appellant or applicant or his agent or pleader shall ordinarily be heard first in support of his appeal or application. The respondent or opponent or his agent or pleader shall, if necessary, be heard next; and in such case the appellant or applicant or his agent or pleader shall be entitled to reply.

15. HEARING IN ABSENCE OF PARTIES.- (1) If on the date fixed for hearing or on any other day to which the hearing may be adjourned, the appellant or applicant does not appear either in person or by his agent or pleader when the appeal or application is called for hearing, the Tribunal may dismiss the appeal or as the case may be, the application or may decide it on merits after hearing the respondent or, as the case may be, the opponent or his agent or pleader, if present.

(2) If, on the date fixed for hearing or any other day to which the hearing may be adjourned, the respondent or opponent does not appear either in person or through his agent or pleader when the appeal or application is called for hearing, the Tribunal may decide the same on merits after hearing the appellant or, as the case may be, the applicant or his agent or pleader, if present.

16. REGISTRATION OF APPEALS AND APPLICATION DECIDED EX-PARTE.(1) If any of the parties was absent on the date of the hearing, either preliminary or final and the appeal or application was heard and decided ex-parte, the party concerned may apply for restoration of the appeal or application, and if the party satisfies the Tribunal that he had no notice of the date of the hearing or that he was prevented by any sufficient cause from appearing when the appeal or application was called for hearing, the Tribunal may restore the appeal or application to its file provided that where the other party had appeared at the hearing such party shall be given notice and an opportunity of being heard before the order for restoration of the appeal or application is made.

(2) The relevant provisions of the Act and these regulations relating to appeals, or applications for revision or review shall mutatis mutandis ply to applications for restoration.

17. FRESH EVIDENCE AND WITNESSES.- (1) No party to an appeal or application for revision shall be entitled to adduce fresh evidence, whether oral or documentary, before the Tribunal. The Tribunal may accept documents tendered by a party or call for them if it is of the opinion that they are necessary for deciding the appeal or, as the case may be, application for revision, provided that the other party shall in that case be entitled to produce the rebutting evidence.

(2) If the Tribunal is of the opinion that any witness should be examined it may, in lieu of examining him itself, direct the Registrar of Co-operative Societies to do so personally or through any Gazetted Officer subordinate to him.

(3) Where fresh evidence has been adduced under sub-regulation (1) or a witness has been examined as provided in sub-regulation (2), the parties may, if they so desire, address the Tribunal on the points arising out of the fresh evidence or the deposition of the witness.

18. ADJOURNMENT. - The Tribunal may at any time, on such and conditions as it thinks fit, adjourn the hearing of any appeal application:

Provided that, where the question of adjournment does not during hearing, the hearing may on such terms as be thinks fit be adjourned by the President.

19. PROCEDURE IN CASE OF DEATH OF ONE OF SEVERAL APPELLANTS OR APPLICANTS OR OF SOLE APPELLANT OR APPLICANT.- If an appellant or applicant dies, while the appeal or application is pending and it cannot be proceeded with unless his legal representative is made a party to the appeal or application, the Tribunal shall adjourn further proceedings to enable his legal representative to appear and apply for being made a party. If the legal representative fails to do so within ninety days from the date on which the appellant or applicant dies the appeal or, as the case may be, the application shall abate as regards the deceased, and if he be the sole appellant or applicant, the appeal or, as the case may be, the application shall be dismissed; and if there are more than one appellant or applicant or it shall be proceeded with as regards the remaining, appellants or, as the case may be, applicants.

20. PROCEDURE IN CASE OF DEATH OF ONE OF SEVERAL RESPONDENTS OROPPONENTS OR OF SOLE RESPONDENT OR OPPONENT. - If a respondent or opponent dies while the appeal or application is pending, and it cannot be proceeded with unless his legal representative is made a party to the appeal or application, the appellant or the applicant shall apply to the Tribunal for making the legal representative of such respondent or opponent a party to the appeal or, as the case may be, the application within ninety days from the date on which the respondent or opponent died. If the appellant or applicant fails to do so, the appeal or, as the case may be, the application shall abate as regards the deceased if the deceased be the sole respondent or opponent the appeal or application, shall be dismissed and if there are more than one respondent or opponent it shall be proceeded with as regards the remaining respondent or opponents.

21. NO ABATEMENT BY REASON OF DEATH AFTER HEARING.

Notwithstanding anything contained in regulations 19 and 20, there, shall be no abatement by reason of the death of any party, between the conclusion of the hearing and the pronouncement of the judgment; but the judgment may in such case be pronounced notwithstanding the death, and shall have the same force and effect as if it had been pronounced before the death took place. No legal representative need be made party in such case.

22. DETERMINATION OF LEGAL REPRESENTATIVES. - If a question arises in any appeal or application, whether a person is or is not the legal representative of a deceased party, such question may be determined by the Tribunal in a summary way after taking evidence, if necessary.

23. PROCEDURE IN CASE OF ASSIGNMENT. - Where, during pendency of an appeal or application, the business of a party to the appeal or application is, wholly or partially assigned to, or devolves upon, some other person or Society, the appeal or, as the case may be, the application may, by leave of the Tribunal be continued by or against such person or Society.

24. PROCEDURE IN CASE OF INSOLVENCY.- If a party to an appeal or application becomes insolvent and his estate becomes vested in the assignee or receiver, the latter may, by leave of the Tribunal, be made a party to the appeal or, as the case may be, the application.

25. WHEN ABATEMENT OR DISMISSAL MAY BE SET ASIDE.- Where an appeal or application has abated or has been dismissed, the appellant, the applicant or a person claiming to be the legal representative of a deceased appellant or applicant, as the case may be, may apply within sixty days from the date of abatement or dismissal of the appeal or, as the case may be, the application, to have the abatement or dismissal set aside, and if it is proved to the satisfaction of the Tribunal that he was prevented by sufficient cause from applying within time, the abatement or dismissal shall be set aside by the Tribunal and the appeal or, as the case may be, the application proceeded with:

Provided that, an application under this regulation may be admitted after the aforesaid period of sixty days from the date of abatement or dismissal, where the applicant satisfies the Tribunal that he had sufficient cause for not making the application within such period.

26. PRONOUNCEMENT OF JUDGMENT. - (1) when the hearing of an appeal or application is complete, the Tribunal may pronounce its decision or judgment forthwith or may fix a date for the same. Such date shall be notified on the notice board of the Tribunal.

(2) Every judgment of the Tribunal shall be in writing.

(3) Where the President is one of the members who heard the appeal or application, the judgement shall be pronounced by the President and in other cases by the member who is senior most amongst the members who heard the appeal or, as the case may be the application. Every judgement shall be pronounced in open court.

27. SIGNING OF JUDGEMENTS.-, (1) Where the decision is unanimous, the judgement shall be signed by all the members who had heard the appeal or application.

(2) Where the decision is not unanimous, it shall be signed by all the members whose decision is to prevail under sub-section (6) of section 149. Every dissenting member may also write his judgement and record his opinion on the points on which he dissents. If a dissenting member does not write his judgement separately, he shall state below the judgement which prevails, that he dissents and sign an endorsement to that effect. Whether a dissenting member complies with the foregoing provisions or not, the decision of the members which prevails under subsection (6) of section 149 shall operate as the decision of the Tribunal.

28. CERTAIN MATTERS TO BE SPECIFIED IN THE JUDGEMENT.-The Tribunal shall state at the end of its judgement whether the appeal or application is dismissed or allowed wholly or in part and mention the relief, if any, granted to the appellant or, as the case may be, the applicant.

29. COSTS. - (1) The costs of an appeal or application shall be in the discretion of the Tribunal.

(2) In its final order, the Tribunal shall state who shall bear the costs and in what proportion, if any.

(3) A bill of costs shall be drawn up by the Registrar in Form 'H' and attached to the judgement.

30. SUPPLY OF CERTIFIED COPIES OF JUDGEMENT TO REGISTRAR OF COOPERATIVE SOCIETIES AND PARTIES CONCERNED.- A certified copy of every judgement of the Tribunal shall, as soon as practicable, be forwarded to the Registrar of Co-operative Societies or such other officer appointed to assist him as may be concerned with the appeal or application. Certified copies of the judgement shall also be supplied free of cost and on application to the parties concerned:

Provided that, additional copies of the judgement of the Tribunal if asked for by the parties to the proceedings shall not be supplied except on payment of the fees prescribed by regulation 37.

CHAPTER V-MISCELLANEOUS

31. FUNCTION OF REGISTRAR. - The Registrar shall perform such functions as are assigned to him by these regulations or by the President under these regulations.

32. SEAL OF TRIBUNAL.- The Tribunal shall have an official seal of its own, which shall be kept in the custody of the Registrar.

33. NOTICES, JUDGEMENT, ETC., TO BE SIGNED AND SEALED.- Every notice and a certified copy of any document shall be signed by the Registrar with the date, month and year of signing and shall be sealed with the official seal of the Tribunal.

34. RECORDS.- The records of the Tribunal shall be kept in the custody of the Registrar.

35. APPLICATION FOR INSPECTION.- Any person who has a right to inspect a record under the provisions of the Indian Evidence Act, 1872, or under any other law for the time being in force, or to obtain copies of any records of the Tribunal of extracts there from, shall make an application in writing to the Registrar, stating therein the purpose for which the said request is made.

36. GRANT OF APPLICATION FOR INSPECTION.- (1) If the Registrar is satisfied that the application made under the last preceding regulation is in order he shall grant the application.

(2) No inspection of any records of the Tribunal shall be allowed by the Registrar except in the presence of an officer of the Tribunal.

37. Fees for copies of documents.- (1) Any party to the appeal or application made to the Tribunal may apply to the Registrar for a certified copy of any document (including the Judgement) relating to the appeal and application, as the case may be.

Every such application for a certified copy shall be accompanied by a deposit of an amount to cover the cost of preparing copies according to the following scale, namely:

(a) Copying fees--

(i) for the first 200 words or less

            English 80 np.

            Vernacular        40 np.

(ii) for every additional 100 words or fraction thereof

            English 40 np.

            Vernacular        20np.

(b) A uniform extra fee of rupee one, where copies are urgently required;

(c) subject to the maximum of rupee one, a -comparing fee equal to half the copying fee.

(2) The amount calculated according to the above scale shall be retained by the Registrar as copying and comparing fees and the surplus amount, if any, deposited by the party shall be refunded to him at the -4 time of supplying the copy:

Provided that, the party shall, if the amount deposited by him is not sufficient to cover the fees pay the deficit before taking delivery of the copy.

(3) Where the Registrar has any doubt about the propriety of granting a certified copy of any document, he shall place the application before the President and act in accordance with the orders of the President.

(4) Persons who are not parties to an appeal or application may be supplied with a certified copy of any document under the orders of the President and on payment of the fees prescribed by this regulation.

(5) Persons who are not parties to an appeal or application may be supplied with a certified copy of any document under the orders of the President and on payment of the fees prescribed by this regulation.

38. FORMS OF NOTICES. - Forms I to M, with such variations as the circumstances of any case may require shall be used for the purpose of notices to be issued by the Tribunal.

39. SERVICE OR NOTICES. - (1) The notices issued to any party by or under the authority of the Tribunal under these regulations shall be served by any of the following methods, namely:

(i) by personal delivery of a copy of the notice to the addressee or his agent after taking his signature on the original in token of receipt, or

(ii) by registered post (with acknowledgement due).

An acknowledgement containing the signature of the addressee or his agent or an endorsement by the postal authorities to the effect that the notice was refused by the addressee shall, unless the contrary is proved, be deemed to be sufficient to hold that the notice was duly served.

(2) Where the Tribunal is satisfied that the address is evading service or that it is not possible to serve the notice in the ordinary way, it may direct that a copy of the notice shall be affixed on its notice board and another copy on the outer door or some other conspicuous part of his present or last known residence and at a conspicuous place in the village or town where he last resided or carried on business or by publishing the notice in a newspaper which has circulation in the locality.

(3) Where the Tribunal directs the service of notice otherwise than by post, it may be sent for service to the Mamlatdar, Tahsildar or Mahalkari of the Taluka, Tahsil or, as the case may be, Petha within whose jurisdiction the party to be served, with the notice, resides.

The Mamlatdar, the Tahsildar, or, as the case may be, the Mahalkari shall have the notice served through the village officers and return it to the Registrar with an endorsement stating the time where, and the manner in which the notice was served and the name and address of the person, if any, identifying the person served and witnessing the delivery or tender of the notice.