Chapter 1
Chapter 2
Chapter 3
Chapter 4
Chapter 5
Chapter 6
Chapter 7
Chapter 8
Chapter 9
Chapter 10
Chapter 11
Chapter 12
Annexure
Appeals and Revision

143. Delhi Co-operative Tribunal

A tribunal constituted by the Lt. Governor, under sub-section (1) of section 78 shall be called the Delhi Co-operative Tribunal whether it consists of one or more members (hereinafter referred to as the "Tribunal”).

144. Qualifications and appointment of Presiding Officer and other members of Delhi Co-operative Tribunal

1. Where the Tribunal consists of only one member he shall be designated as "Presiding Officer of the Tribunal" and where the Tribunal consists of more than one member, one of them shall be designated as President and others as members of the Tribunal.

2. The Presiding Officer or the President of the Tribunal shall be person who has been a judge of any High Court, or a retired Distt. Judge or a person who has for not less than 10 years been an advocate or a pleader, or who has held the office of the Registrar, Joint Registrar, or Deputy Registrar for not less than continuous period of three years at a time, or has not less than five years' judicial experience at his credit. Provided that the Lt. Governor shall be competent to relax the qualifications in. case of any person otherwise qualified in his opinion which shall not be called in question in any Civil or Revenue Court.

3. The other member(s) of the Tribunal shall be non-official closely associated with co-operative movement provided that at the time of his appointment as a member, he shall neither be holding any office of profit' under the Central Government, Delhi Administration, any local authority or of any cooperative society, the Committee Of a Co-operative society or its paid officer, nor he shall be a member of the committee of any co-operative society other than an educational co-operative society or a federal society which in the opinion of the Registrar is not a business institution.

145. Term of office of Presiding Officer and the president of the Tribunal and its other members.

1. The Presiding officer or the President of the Tribunal shall ordinarily hold office for a period of not less than two years and not more than five years as the-Lt. Governor may specify by notification in the Official Gazette. If no such term is specified, he shall hold office for a period of two years from the date of his appointment.

2. The other members of Tribunal shall hold office for a period of one years. They will be eligible for re-appointment.

3. The Presiding Officer, President and any other member of the Tribunal, may resign his office at any time.

4. The Lt. Governor may also terminate the appointment of the President Officer, President or any other member of the tribunal at any time without assigning any reasons, or giving any notice, if in the opinion of the Lieutenant Governor he is unable or unfit to continue to perform the duties of his office or he accepted any office or appointment without his prior approval.

5. If any vacancy occurs by leave of absence, deputation, death, resignation, expiry of the period of appointment, termination of the appointment, or for any other cause whatsoever, such vacancy shall be filled up by a person qualified for appointment.

146. Holding of other officer.

The Presiding Officer, the President or other member of the Tribunal may with the previous permission of the Lt. Governor hold any other office, appointment or employment of evocation or carry on any profession or business, provided that holding of such office, employment, evocation or carry on such profession or business is not inconsistent with his position on the Tribunal.

147. Procedure regarding disposal of appeals by the Tribunal.

The proceedings of the Tribunal shall be governed as far as practicably by the provisions of the Code of Civil Procedure, 1908 (Central Act v of 1908)

148. Headquarter of the Tribunal

The Place of the Headquarters and the time of sitting of the Tribunal shall be notified by the Registrar in the Official Gazette.

149. Decision of the Tribunal

Where the Tribunal consists of more than one member, the decision of the majority shall prevail. Where the members , are equally divided the decision of the President shall be the decision of the Tribunal in that case.

150. Procedure regarding appeal other than those to the Tribunal and application for revision.

1. An appeal under sub-section (2) of Section 76 or an application for revision under sub-section (6) of section 78 and section 80 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 for 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 respondents, 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 the order appealed for or sought to be revised.

4. Where an appeal under sub-section (2) of section 76 is preferred after the said expiry of sixty days specified in sub-section (2) of the said 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 form not-preferring the appeal within the said period of sixty days.

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 confirms 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.

7. The revising authority may, before passing orders under sub-section (6) or section 78 or und6r section 80, 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 paused or order made therein. The 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. In the proceedings before the appellate or revising authority, legal practitioners shall be entitled to appear to represents parties.

9. 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.

10. Every order of the appellate or revising authority under sub-section (2) of section 76 sub-section (6) of section 78 to section 80, as the case may be, shall be in writing and it shall be communicated to the appellant or applicant, to such other parties as in the opinion of the authority are likely to be affected by the decision or order and to the officer concerned against whose order the appeal or the application for revision was made.

151 Application for review.

1. Every application under sub-section (1) of section 79 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 due diligence, were not then within the knowledge of the applicant or could not be produced by him when the order was made or mistakes or errors apparent on the face of the record of other reasons on the basis of which review is sought. A memorandum of evidence shall accompany it.

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.

The application shall, so far as it may be necessary, be disposed off by the tribunal or Registrar or Lt. Governor 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 representation.

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Last Updated : 23 Mar,2014