Registrar and other officers to be public servants

The Registrar, a person appointed to assist the Registrar under section 3, a person authorised to audit the accounts of a co-operative society under section 48 or to make an inspection under section 49 or to hold an inquiry under section 50 and a person appointed as an arbitrator under section 56 or a liquidator appointed under section 58 shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). (1) An appeal under the Regulation shall be presented by the appellant or by his duty appointed agent.

(2) When such an appeal is presented by an agent, it shall be accompanied by a letter of authority of 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 opposite party, 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 the appeal 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 Regulation and these rules.

(6) If the appellant authority finds that the appeal presented does not conform to any of the said provisions, it shall make a note on the appeal in that effect and may call upon the appellant or his agent to remedy the defects within a period of 7 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 7 days why it should not be dismissed for being time barred.

(7) If the defect is remedied on the cause shown by the appellant or his agent satisfies the appellant 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 appellant authority within the said period, the Appellate authority may dismiss the appeal.

(9) In case, where it is considered expedient to give a hearing, the appellate authority may fix a date for hearing of which due notice shall be given to the appellate or his agent and the opposite party.

(10) On the date so fixed, the appellate authority shall go through the relevant papers, hear the parties present, and pass suitable order on the appeal.

(11) The appellate authority may, at its discretion adjourn to any other day, the hearing of any appeal at any stage.

(12) Where the hearing of the appeal is completed, the Appellate authority shall announce its judgement forthwith or may fix a date for the same after due notice to the Appellant or the other parties to the appeal.

(13) 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 likely to be affected by the decision or the order.