The Maharashtra Cooperative Societies Rule 1961
Chapter XI - Appeals, Review and Revision
Rule No 104 to 106
1 Rule No 104. Qualifications of President and other members of the Maharashtra
State Cooperative Appellate Court,
and their appointment
(1) The State Government shall appoint a person who is qualified to be
appointed as a Judge of a High Court, or is holding or has held a judicial office not
lower in rank than that of District Judge, to be the President of the Maharashtra
State Co-operative Appellate Court.
(2) Each of the other members of the Appellate Court to be appointed by the
State Government shall be a person.
(a) who possesses any qualification laid down in sub-rule (J), or
(b) who has held office not lower in rank than that of Joint Registrar or Cooperative
Societies for 2 [not less than one year].
(c) who is enrolled as an Advocate, or holds a degree or other qualification in law
of any University established by law or of any other authority which entitles him to
be enrolled as an Advocate, and either (0 has held office not lower in rank than that
of Deputy Secretary to Government for no less than three years, or (ifl in the opinion
of the State Government, possesses good knowledge and experience of co-operative
law and practice or is closely associated with the co-operative movement.
So far as practicable, at least one of the other members of the Appellate Court shall be a person who is holding or has held an ofiice not lower in rank than that of Joint Registrar as aforesaid.
So far as practicable, at least one of the other members of the Appellate Court shall be a person who is holding or has held an ofiice not lower in rank than that of Joint Registrar as aforesaid.
(3) Appointments of persons who possess qualifications other than those of holding or having held a judicial or other qualifying of fice under Government as President or other members of the Appellate Court shall be made by the State Government, after consultation with the Advocate General for the State
(4) No person shall hold or continue to hold the office of the President after he
attains the age of sixty-five years and of any other member of the Appellate Court
after he attains the age of sixty-two years.
(5) If the President or any other member of the Appellate Court is in
Government service at the time of his appointment, his pay, allowances and other
conditions of service shall continue to be governed by the service conditions rules
applicable to him before such appointment, and if he is a direct recruit, his pay,
allowances and other conditions of service shall be governed by the Bombay Civil
Services Rules and other rules made by the State Government from time to time.
(6) Subject to sub-rule (4) and save as otherwise specified by the State
Government in any case, the President and any other member of the Appellate Court
shall hold office for a period of three years in the first instance, and thereafter his
term of office may be extended by the State Government, from time to time, for
such period as it may deem fit.
(7) In the event of the occurrence of any vacancy in the office of the President
of the Appellate Court, the senior-most member having judicial experience shall act
as President.
(8) The Headquarters of the Appellate Court shall be at such place as may be
notified by the State Government in the Official Gazette.
Rule No 105. Constitution of authority by the State Government to hear appeals which lie to that Government
The appeals which lie to the State Government
under the Act may be heard by 1 [the Secretary, the Additional Secretary or any of
the Deputy Secretaries to Government, Co-operation and Rural Development
Department.]
Rule No 106. Procedure for presentation to and disposal of appeals by State Government and Registrar under Section 152
(1) An appeal to the State 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 hours or sent to it by registered post.
(2) When such an appeal is presented by an agent, it shall be accompanied by
letter of authority of the appellant appointing him as such.
(3) Every appeal shall be accompanied by a certified copy of the order against
which the appeal is preferred.
(4) Every appeal shall:-
(i) be either type written or hand written 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) clearly state the grounds on which the appeal is made;
(v) state precisely the relief which the appellant claims; and
(vi) give the date of the order appealed against.
(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) clearly state the grounds on which the appeal is made;
(v) state precisely the relief which the appellant claims; and
(vi) give the date of the order appealed against.
(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) that it is made within the prescribed time limit; and
(iii) that it conforms to all the provisions of the Act and these rules.
(ii) that it is made within the prescribed time limit; and
(iii) that 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 said provisions, 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 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 may, 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 appellate 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 go through the relevant
papers, hear the appellant or his agent, if present, and pass suitable order on the
appeal.
(10)The appellate authority may, at its discretion, adjourn to any other day the
hearing of any apeal 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 th
(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.
Footnote:
1. Subs, by G.N. of 14-2-1975.
2. Subs, by G.N. of 7-8-1981.
3. Subs by G.N of 15-12-1962
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