Rule No 75. Reference of Dispute
A reference of a dispute under Section 91 shall be
made in writing to the Registrar in Form P. Wherever necessary, the Registrar may
require the party referring the dispute to him to produce a certified copy of the
relevant records on which the dispute is based and such other statements or records
as may be required by him, before proceeding with the consideration of such
reference.
Rule No 76. Registrars satisfaction regarding existence of a dispute
Where any reference of a dispute is made to the Registrar or any matter is brought to his notice,
the Registrar shall, on the basis of the reference (if any) made to him in Form P and
the relevant records and statements submitted to him, record his decision together
with the reasons therefor, whether he is or is not satisfied about the existence of a
dispute within the meaning of Section 91 . Such recording of decision shall be
sufficient proof of the Registrars satisfaction that the matter is or is not a dispute, as
the case may be.
Rule No 77. Disposal of a dispute or reference to Co-operative Court
(1) Where the
Registrar is satisfied that there is a dispute, the Registrar may decide the dispute
himself or refer it for disposal to a Co-operative Court having jurisdiction.
(2) Neither the Registrar nor the Co-operative Court shall take up for
consideration any dispute, unless the parties concerned comply with the conditions
of affixing the necessary Court-fees for determining the dispute.
Rule No 77A. Qualifications of Judges of Co-operative Courts, and their appointment
(1) The member constituting a Co-operative Court shall be called the Judge of that Court.
(2) All appointments of Judges of the Co-operative Courts shall be made by the State Government.
(3) No person shall ordinarily be eligible for appointment as a Judge of a Cooperative
Court, unless he is holding or has held a judicial office not lower in rank
than that of Civil Judge (Junior Division).
(4) Notwithstanding anything contained in sub-rule (3), the State Government
may appoint a person to be a Judge of a Co-operative Court:-
(a) who has practised as an Advocate, Pleader or Vakil for not less than
three years; or
(b) 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 Registrar of Co-operative Societies for 1
[not less than five years,) or US 2 [* * * *] possesses good knowledge and experience of co-operative law and
practice.
The number of Judges appointed under this sub-rule shall, at no time, as far as
possible, exceed two-third of the total number of Judges of the Co-operative Courts.
Rule No 77B. Age limit for Judges
[(1) No person shall hold or continue to hold the office of Judge of Co-operative Court after he attains the age of sixty-two years.]
(2) Notwithstanding anything contained in sub-rule (1), the State Government
may, for such period or periods as it considers necessary, continue all or any of the
Officers on Special Duty as Judges of the Co-operative Courts, who were holding
office as such officers immediately before this rule comes into force and who^are
otherwise qualified to be Judges of the Co-operative Courts.
Rule No 77C. Conditions of service of Judges
If a Judge of a Co-operative 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.
Rule No 77D. Holidays and Vacations
Save as otherwise directed by the State
Government, the holidays to be observed in the Co-operative Courts shall be the
same as are observed in the local Government offices. The period of vacation (if any)
for the Co-operative Courts shall be such as the State Government may determine.
Rule No 77E. Procedure for hearing and decision of disputes
(1) The Registrar or the Co-operative Court shall record in English, Marathi or
Hindi the evidence of the parties to a dispute and the witnesses who attend. Upon
the evidence so recorded and upon consideration of any documentary evidence
produced by the parties, a decision-shall be given,by him or it in writing. Such
decision shall be pronounced in open Court, either at once or as soon as may be
practicable on some future day, of which due notice shall be given to the parties.
(2) Where neither party appears when the dispute is called on for hearing, the
Registrar or the Co-operative Court may make an order that it be dismissed for
default.
(3) Where the opponent appears and the disputant does not appear when the
dispute is called on for hearing, the Registrar or the Court may make an order that
the dispute be dismissed, unless the opponent admits the claim or a part thereof, in
which case the Registrar or the Court, as the case may be, may make an order
against the opponent upon such admission and where, part only of the claims is
admitted, may dismiss the dispute so far as it relates to the remainder.
(4) Where the disputant appears and the opponent does not appear when the
dispute is called on for hearing, then, if the Registrar or the Court is satisfied from
the record and proceedings that the summons was duly served, the Registrar or the
Court may proceed exparte. Where the summons is served by the officer of the
Registrar or the Court, he shall make his report of service on oath.
(5) The Registrar or the Court may not ordinarily grant more than two adjournments to each party to the dispute at its request. The Registrar or the Court
may, however, at his or its discretion grant such further adjournments on payment
of such costs to the other side and such fees to the Registrar or the Court as the
Registrar or the Court, as the case may be, may direct.
(6) Any party to a dispute may apply for and obtain a certified copy of any
order, judgment or award made by the Registrar or the Court on payment of copying
fees at the rate of 50 paise per 100 words in such order, judgment or award,
whether in English, Marathi or Hindi.
Rule No 77F. Summary procedure for deciding disputes
(1) Subject to the provisions of sub-section (4) of Section 94 , the following
disputes, if the disputant so desires, shall be decided in the summary manner
prescribed under this rule, namely :-
(a) any dispute for recovery of debt upon promissory note, hundi, bill of
exchange or bond, with interest where agreed upon under such instrument or
under the by-laws;
(b) any dispute for recovery of a fixed sum of money, in the nature of a
debt, with or without interest, arising on a written contract, but other than
penalty or on guarantee;
(c) any dispute for recovery of price of goods sold and delivered, where the
rate, quality and quantity are admitted in writing;
(d) any dispute for recovery of dues payable in respect of a tenement by a
member of a housing society towards contribution for construction of the
tenements in respect of repayment of any loan, interest on loan, ground rent,
local authority taxes, sinking fund, water charges, electric charges, repairs,
maintenance and upkeep charges or charges for other services rendered by the
society and the interest on such arrears payable under a written agreement or
the by-laws or the tenancy regulations.
(2) In such cases, the disputants shall, in addition to the normal averments in
Form P, make the following averments, namely:-
(a) that the claim of the disputant is for recovery of liquidated sum of
money only and no other relief beyond the scope of this rule is claimed in this
dispute;
(b) that the disputant believes that there is no valid or bona fide defence to
his claim.
(3) In such cases, the opponent shall not be entitled to defend the claim, and
the disputant shall be entitled to the award in his favour as prayed and for such sum
for costs as may be awarded by the Registrar or the Court.
(4)
(i) Within ten days from the service of a notice calling upon the opponent to
obtain leave from the Registrar or the Court, to appear and defend the claim, the
opponent or such of the opponents as are interested in defending the claim shall
apply to the Registrar or the Court, as the case may be, by an affidavit or a
declaration for the leave, setting out the facts on which he relies and what triable
issues are likely to arise. The opponent shall in such application disclose all the
documents supporting his contention and as far as possible attach copies of such
documents which he considers important from his point of view. A copy of such
application shall be served on the disputant and he shall have a right to file a
rejoinder in the form of an affidavit or declaration and place before the deciding
authority such material as in his opinion supports his contentions.
(ii) The Registrar or the Court, on reading the affidavits and declarations
and on hearing the parties and their pleading and considering the documents relied
on and produced by them, may pass an award or grant leave to defend to such of
the opponents, unconditionally or upon such conditions, as the deciding authority
may think fit under the circumstances and on facts of the case. The Registrar or the
Court granting leave to defend shall also give directions and prescribe time limit for
filing the written statement and fix the date for hearing. Leave may be granted to
some and may be refused to other opponents. If leave is granted and not complied
with by any opponent, the deciding authority may pass an award against him, as if
he had not been granted leave.
(iii) If the conditions on which leave to defend is granted are not complied
with by any opponent, the Registrar or the Court may pass an award against him, as
if he had not been granted leave.
(iv) The Registrar or the Court may. for sufficient case, excuse the delay in
applying for leave to defend any case.
(v) The Registrar or the Court may, under special circumstances, set aside
the award, and if necessary stay or set aside execution, and may give leave to the
opponent to appear and defend the dispute, if it seems reasonable to the deciding
authority so to do, and on such terms as it thinks fit.
Rule No 78. Summons, notices and fixing of dates, place, etc. in connection with the disputes
(1) The Registrar [or as the case may be, the Co-operative Court],may issue summons or notices at least fifteen days before the date fixed for
hearing of the dispute requiring:-
(i) the attendance of the parties to the dispute and of witnesses if any; and
(ii) the production of all books and documents relating to the matter in
dispute.
(2) Summons or notices issued by the Registrar [or the Co-operative Court]
may be served through a Mamlatdar, Mahalkari, Tahsildar or any employee of the
Co-operative Department or of a federal society or through the Chairman or
Secretary of the Society or by registered post with acknowledgement due. Every
person or society to whom summons or notices are sent for service shall be bound to
serve them within a reasonable time.
(3) The officer serving a summons or notice shall, in all cases in which summons
or notice has been served, endorse or annexe or cause to be endorsed on or
annexed to, the original summons or notice, a return stating the time when and the
manner in which, the summons or, as the case may be, notice was served and the
name and address of the person (if any) identifying the person served and
witnessing the delivery or tender of the summons or the notice.
(4) The officer issuing the summons or notice may examine the serving officer
on oath or cause him to be so examined by the Mamlatdar or other officer through
whom it is served and may make such further inquiry in the matter as he thinks fit;
and shall either declare that the summons or, as the case may be, notice has been
duly served or order it to be served in such manner as he thinks fit.
(5) The mode of serving summons and notices as laid down in sub-rules (1) to
(4) shall mutatis mutandis apply to the service of summons or notices;—
(i) issued by the Registrar or the person authorised by him, when acting
under Section 83, 84 or 88 ;
(ii) issued by an Auditor, when acting under Section 81 , or
(iii) issued by a Liquidator, when acting under Section 105
Rule No 79. Investigation of claims and objections against any attachment
Where any claim or objection has been preferred against the attachment of any property
under Section 95 , on the ground that such property is not liable to such attachment,
the Registrar, [or, as the case may be, the Co-operative Court] shall investigate into
the claim or objection and dispose it of on merits :
Provided that no such investigation shall be made when the Registrar *[or the
Co-operative Court] considers that the claim or objection is frivolous.
Rule No 80. Procedure for the custody of property attached under Section 95
(1) Where the property to be attached is moveable property, other than
agricultural produce, in the possession of the debtor, the attachment shall be made
by actual seizure and the attaching officer shall keep the property in his own custody
or in the custody of One of his subordinates, or of a Receiver, if one is appointed
under sub-rule (2) and shall be responsible for the due custody thereof :
Provided that, when the property seized is subject to speedy and natural decay,
or when the expense of keeping it in custody is likely to exceed its value, the
attaching officer may sell it at once.
(2) When it appears to the officer ordering conditional attachment under Section
95 to be just and convenient, he may appoint a Receiver for the custody of the
moveable property attached under that section and his duties and liabilities shall be
identical with those of a Receiver appointed under Order XL in the First Schedule to
the Code of Civil Procedure, 1908.
(3)
(i) Where the property to be attached is immovable, the attachment shall
be made by an order prohibiting the debtor from transferring or charging the
property in any way and all persons from taking any benefit from such transfer or
charge.
(ii) The order shall be proclaimed at some place on, or adjacent to, such
property by beat of drum or other customary mode, and a copy of the order shall be
fixed on a conspicuous part of the property and upon a conspicuous part of the
village chavdi, and where the property is land paying revenue to the State
Government, also in the office of the Collector of the district and in the office of the
Mamlatdar or Mahalkari or Tahsildar or any other revenue officer within whose
jurisdiction the property is situated.
Rule No 81. Procedure for attachment and sale of property for realisation of any security given by person in course of execution proceedings
The procedure laid down in Rules 80 and 83 shall mutatis mutandis apply for attachment and sale of
property for the realisation of any security given by a person in the course of
execution proceedings.
Rule No 82. Issue of proclamation prohibiting private transfers of property
The Registrar or Liquidator when acting under clause (a) of Section 98 shall, at the time
of signing a certificate affecting any property, issue ^proclamation in Form Q and in
the case of immovable property shall also forward a copy of the proclamation to the
Mamlatdar, Mahalkari or Tahsildar or any other revenue officer within whose
jurisdiction the property is situated, who shall cause an entry about such certificate
to be made in the Record of Rights.
Rule No 83. Procedure for execution of awards
(1) Every order or award passed by the
Registrar, or the person authorised by him [or the Co-operative Court] under
Section 95 or 96 shall be forwarded by the Registrar to the society or to the party
concerned with instructions that the society or, as the case may be, the party
concerned should initiate execution proceedings forthwith according to the provisions
of Section 98 .
(2) If the amount due under the award is not forthwith recovered, or the
order thereunder is not carried out, it shall be forwarded to the Registrar with an
application for execution along with all information required by the Registrar, for the
issue of certificate under Section 98. The applicant shall state whether he desires to
execute the award by a civil or through the Collector as provided under Section 98 or
through the Registrar as provided under Section 156 .
(3) On receipt of such application for execution, the Registrar shall forward
the same to the proper authority for execution along with a certificate issued by him
under Section 98 and a proclamation issued under Rule 82 in the matter prescribed
therein.
(4) Every order passed in appeal under Section 97 shall also be executed in
the manner laid down in sub-rules (2) and (3).
Rule No 84. Requisition of the federal society for inquiry
Subject to the provision of Section 98 , the Registrar may, by an order in writing specially authorise any officer of
the Co-operative Department or any officer of a federal society or a Central Bank, on
an application made by it, to call for and send awards or orders obtained by any
society for execution. The society or societies in respect of which these powers are to
be exercised shall be specified in the order
Rule No 85. Transfer of property which cannot be sold
(1) When in execution of an
order sought to be executed under Section 98 any property cannot be sold for want
of buyers, if such property is in the possession of the defaulter or of some person on
his behalf, or of some person claiming it under a title created by the defaulter
subsequent to the issue of the certificate by the Registrar or Liquidator under clause
(a) or (b) of the said section, the officer conducting the execution shall as soon as
practicable report the fact to the Court or the Collector or the Registrar, as the case
may be, and the society applying for the execution of the said order.
(2) On receipt of a report under sub-rule (I), the society may, within six months
from the date of the receipt of the report or within such further period as may for
sufficient reasons be allowed in any particular case by the Court or the Collector or
the Registrar, submit an application in writing to the Court, the Collector or the
Registrar, as the case may be, stating whether or not it agrees to take over such
property.
(3) On receipt of an application under sub-rule (2), notices shall be issued to
the defaulter and to all persons known to be interested in the property, including
those whose names appear in the Record of Rights as persons holding any interest in
the property, about the intended transfer.
(4) On receipt of such a notice, the defaulter, or any person owning such
property, or holding an interest therein by virtue of a title acquired before the date
of the issue of a certificate under Section 98 , may, within one month from the date
of the receipt of such notice, deposit with the Court or the Collector or the Registrar,
for payment to the society a sum equal to the amount due under the order sought to
be executed together with interest thereon and such additional sum for payment of
costs and other incidental expenses as may be determined in this behalf by the Court
or the Collector or the Registrar, as the case may be.
(5) On failure of the defaulter, or any person interested, or any person holding
any interest in the property, to deposit the amount under sub-rule (4), the Court or
the Collector or the Registrar, as the case may be, shall direct the property to be
transferred to the society on the conditions stated in the certificate in Form R.
(6) The certificate granted under sub-rule (5) shallstate whether the property is
transferred to the society in full or partial satisfaction of the amount due to it from
the defaulter.
(7) If the property is transferred to the society in partial satisfaction of the
amount due to it from the defaulter, the Court or the Collector or the Registrar, as
the case may be, shall, on the production by the society of a certificate signed by the
Registrar, recover the balance due to the society in the manner laid down in Section
98.
(8) The transfer of the property under sub-rule (5) shall be effected as follows:-
(i) In the case of moveable property:-
(a) Where the property is in the possession of the defaulter himself or
has been taken possession of on behalf of the Court or the Collector or the
Registrar, it shall be delivered to the society.
(b) Where the property is in the possession of some person on behalf
of a defaulter, the delivery thereof shall be made by giving notice to the
person in possession, directing him to give actual peaceful possession to the
society, and prohibiting him from delivering possession of the property to
any other person.
(c) The property shall be delivered to a person authorised by the
society to take possession on behalf of the society.
(ii) In the case of immovable property:-
(a) Where the property is growing or standing crop, it may be
delivered to the society before it is cut and gathered and the society shall be
entitled to enter on the land, and to do all that is necessary for the purpose
of tending and cutting and gathering it,
(b) Where the property is in the possession of the defaulter or of some
person on his behalf or some person claiming under a title created by the
defaulter subsequent to the issue of a certificate under Section 98, the
Court of the Collector or the Registrar, as the case may be. shall order
delivery to be made by putting the society or any person whom the society
may appoint to receive delivery on its behalf in actual possession of the
property and if need be, by removing any person who illegally refuses to
vacate the same.
(c) Where the property is in the possession of a tenant or other person
entitled to hold the same by a title acquired before the date of issue of a
certificate under Section 98. the Court or the Collector or the Registrar, as
the case may be, shall order delivery to be made by affixing a copy of the
certificate of transfer of the property to the society in some conspicuous
place on the property and proclaiming to such person by beat of drum or
other customary mode at some convenient place, that the interest of the
defaulter has been transferred to the society.
(9) The society shall be required to pay expenses incidental to sale including the
cost of maintenance of livestock, if any, according to such scale as may be fixed by
the Registrar from time to time.
(10) Where land is transferred to the society under sub-clause (a) of clause (ii)
of sub-rule (8) before a growing or standing crop is cut and gathered, the society
shall be liable to pay the current year's land revenue on the land.
(11) The society shall forthwith report any transfer of property under sub-clause
(b) or (c) or clause (ft) of sub-rule (8) to the village accountant for information and
entry in the Record of Rights.
(12) The society to which property is transferred under sub-rule (5) shall
maintain for each such defaulter a separate account showing all the expenses
incurred including payment tp outside encumbrances, land revenue and other dues
on the property and all the income derived from it.
(13) The society to which property is transferred under sub-rule (5) shall use its
best endeavour to sell the property as soon as practicable to the best advantage of
the society as well as that of the defaulter, the first option being always given to the
defaulter who originally owned the property. The sale shall be subject to
confirmation oy the Registrar. The proceeds of the sale shall be applied to defraying
the expenses of the sale and other expenses incurred by the society and referred to
in sub-rules (9) and (12) and to the payment of the arrears due by the defaulter
under the order in execution and the surplus (if any) shall then be paid to the
defaulter.
(14) Until the property is sold, the society to which the property is transferred
under sub-rule (5) shall use its best endeavours to lease it or to make any other use
that can be made of it so as to derive the largest possible income from the property.
(15) When the society to which property is transferred under sub-rule (5) has
realised all its dues, under the order in execution of which the property was
transferred^ from the proceeds of management of the property, the property, if
unsold, shall be restored to the defaulter.
Rule No 86. Payment of fees for decisions of disputes
(1) The Registrar or the Co-operative Court, as the case may be, may take a
dispute on file only if the application regarding reference for such dispute in Form P is
affixed with the court-fee stamps at the following scales, namely:-
[(i) Simple money claims:-
(a) When the amount of the claim in dispute does not exceed Rs. 5,000
[(b) When such amount exceeds Rs. 5,000 but does not exceed Rs. 1,00,000
(c) When such amount exceed Rs. 1,00,000
|
...Rs. 100 plus one percent of the amount of claim in dispute subject to the maximum of Rs.1,000.
... Rs. 1,000 plus 1/2 percent of the amount of claim dispute subject to the maximum of Rs.10,000]
|
(ii) Complicated money claims:-
(a)does not exceed Rs. 5,000
(b) When such amount exceeds Rs.5,000 but does not exceed Rs. 1,00,000
(c) When such amount exceed Rs. 1,00,000
|
(a) When the amount of the claim in dispute
200
... Rs. 200 plus two percent of the amount of claim in dispute subject to the maximum of Rs.2,000
|
| [(iii) Application, appeal, review and revision applications presented
before the concerned authority or Court under sections 23, 35, 97, 149, 150, .152 and 154. |
... Rs. 2,000 plus 1 percent of the amount of claim in dispute
subject to the maximum of Rs.15,000.]
Rs. 100
|
Explanation:-
For the purposes of this sub-rule,
"simple money claim" means the
claims of a society the object clauses of which provide for sanction of credit to its
members, based on loan bonds, promissory notes, admissions or acknowledgements;
and "complicated money claims" means all money claims other than simple money
claims. The question regarding the classification of a dispute for the purposes of this
sub-rule shall be decided by the Registrar or the Co-operative Court deciding the
dispute, and the decision of the Registrar or the Co-operative Court, as the case may
be, shall be final.
(2) No document of any of the kinds specified below shall be filed before the
Registrar or the Co-operative Court, unless it is affixed with the proper court-fee
stamp as specified against it:-
|
|
|
Proper Court Fee Rs |
| [(i) Wakalatnama |
... |
... |
3 |
| (ii) Application for adjournment |
... |
... |
10 |
| (iii) Application for interim stay or relief t |
... |
... |
25] |
(3)
(a) The Registrar or the Co-operative Court deciding any dispute may
require the party or parties to the dispute to deposit such sum as may, in his or its
opinion, be necessary to meet the expenses, including payment of fees to the
Registrar or the Court, as the case may be.
(b) The Registrar or the Court shall have power to order the fees and
expenses of determining the dispute to be paid by the society out of its funds or by
such party or parties to the dispute, as he or it may think fit, according to the scale
laid down by the Registrar, after taking into account the amount deposited as above.
(c) The Registrar may by general or special order specify the scale of fees
and expenses to be paid to him or the Co-operative Court.