Rule 32 - Procedure regarding appeals - Multi-State Cooperative Societies Rules, 2002

Procedure regarding appeals 32. (1) An appeal under sub-section (2) of section 99 shall be either presented in person or by registered post to the appellate authority. (2) The appeal shall be in the form of a memorandum and shall be accompanied by the original or certified copy of the order appealed from. (3) Every appeal shall- (a) specify the name and address of the appellant and also the name and address of the respondent or respondents; (b) state by whom the order appealed against was made; (c) set forth concisely and under distinct heads, the grounds of objection to the order appealed against together with a memorandum of evidence; (d) state precisely the relief which the appellant sought for; and (e) give the date of order appealed against; or (f) the memorandum of the appeal inclusive of memorandum of evidence shall be supported by an affidavit duly sworn by the appellant. (4) Where, an appeal under sub-section (2) of section 99 is preferred after the expiry of sixty days specified in the said sub-section, it shall be accompanied by a petition supported by an affidavit setting forth the facts on which the appellant relies to satisfy the appellate authority that he had sufficient cause for not preferring the appeal within the period mentioned in that sub-section. (5) On receipt of the appeal, the appellate authority shall as soon as possible examine it and ensure that:- (a) the person presenting the appeal 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 the rules. (6) The appellate authority may call upon the appellant 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 fails to remedy the defects or furnish the additional information called for within the said period, the appeal petition may be dismissed. (7) The appellate authority may, before passing orders under section 99 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 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 authority shall on the basis of the enquiry conducted and with reference to the records examined, pass such order on the appeal as may deem just and reasonable: 1 [ Provided that the Appellate Authority shall pass such order within a period of 2 [ 360 days ] except in the cases where there is any order, stay or restraint or injunction from any competent court ] (9) Every order of the appellate authority under sub-section (2) of section 99 shall be in writing and it shall be communicated to the appellant 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 was made. ********** Notes 1. Inserted vide Notification No. G.S.R. 717 (E) dated 12-11-2007 2. Substituted vide Notification No. GS.R. 447(E)dated 14-06-2012 before it was read as 180 days