APPEALS, REVIEW AND REVISION
104.
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Qualifications of President and other members of the
Maharashtra State Co-operative Appellate Court, and their appointment:-
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(1)
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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.
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(2)
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Each of the other members of the Appellate Court to be appointed by
the State Government shall be a person, —
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(a)
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who possesses any qualification laid down in sub-rule (1), or
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(b)
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who has held office not lower in rank than that of Joint Registrar or
Cooperative Societies for not less than one year.
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(c)
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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 (i)
has held office not lower in rank than that of Deputy Secretary to Government
for no less than three years, or (ii) 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.
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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 office not
lower in rank than that of Joint Registrar as aforesaid.
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(3)
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Appointments of persons who possess qualifications other than those of
holding or having held a judicial or other qualifying office 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.
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(4)
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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.
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(5)
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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.
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(6)
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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.
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(7)
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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.
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(8)
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The Headquarters of the Appellate Court shall be at such place as may
be notified by the State Government in the Official Gazette.
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105.
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Constitution of authority by the State Government to
hear appeals which lie to that Government:-
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The appeals which lie to the State Government under the Act may be
heard by the Secretary, the Additional Secretary or any of the Deputy
Secretaries to Government, Co-operation and Rural Development Department.
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106.
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Procedure for presentation to and disposal of appeals
by State Government and Registrar under Section 152:-
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(1)
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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.
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(2)
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When such an appeal is presented by an agent, it shall be accompanied
by letter of authority of the appellant appointing him as such.
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(3)
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Every appeal shall be accompanied by a certified copy of the order
against which the appeal is preferred.
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(4)
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Every appeal shall:—
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(i)
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be either type written or hand written in ink legibly;
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(ii)
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specify the name and the address of the appellant and also the name and
address of the opponent, as the case may be;
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(iii)
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state by whom the order against which the appeal is preferred was
made;
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(iv)
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clearly state the grounds on which the appeal is made;
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(v)
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state precisely the relief which the appellant claims; and
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(vi)
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give the date of the order appealed against.
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(5)
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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:—
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(i)
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the person presenting it has the authority to do so;
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(ii)
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that it is made within the prescribed time limit; and
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(iii)
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that it conforms to all the provisions of the Act and these rules.
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(6)
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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.
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(7)
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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.
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(8)
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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.
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(9)
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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.
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(10)
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The appellate authority may, at its discretion, adjourn to any other
day the hearing of any appeal at any stage.
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(11)
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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.
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(12)
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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.
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