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CHAPTER IV Appeals and Procedures

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CHAPTER IV APPEALS AND PROCEDURES 33.

(1)
(i) Every appeal under sub-section (1) of section 15 shall be preferred in the form of a Memorandum signed by the appellant or his authorized agent and presented to the appellant officer in person or sent to him by registered post.
(ii) The memorandum shall be accompanied by a certified copy of the order appealed from and a treasury receipt for rupees 10.
(2) The memorandum shall set forth concisely and under distinct heads the grounds of appeal to the order appealed from.
(1) Where the memorandum of appeal does not comply with the provisions of sub-rule (2) of rule 33 it may be rejected or returned to appellate for the purpose of being amended within a time to be fixed by the appellate officer.
(2) Where the appellate Officer rejects the memorandum under sub-rule (1) he shall record the reason for such rejection and communicate the order to the appellant.
(3) Whether the memorandum of appeal is in order the appellant Officer shall admit the appeal endorse thereon the date of presentation and shall register the appeal in a book to be kept for the purpose called the registrar of Appeals.
(4) (i) When the appeal has been admitted, the Appellate Officer shall send the notice of the appeal to the Registering Officer of the Licensing Officer as the case may be form whose order the appeal has been preferred and the Registering Officer of the Licensing Officer shall send the record of the case to the Appellate Officer.
  (ii) On receipt of the record, the Appellate Officer shall send a notice to the appellant to appear before him at such date and time as may be specified in the notice for the hearing of the appeal.

 

35. If on the date fixed for hearing the Appellant does not appear the Appellate Officer may dismiss the appeal for default of appearance of the appellant. 36.

(i) Where an appeal has been dismissed under rule 35 the appellant may apply to the Appellate Officer for the readmission of the appeal, and where it is proved that he was prevented by any sufficient cause form appearing when the appeal was called on for hearing the Appellate Officer shall restore the appeal on its original number.
(ii) Such an application shall, unless the Appellate Officer extends the time for sufficient reason, be made within 30 days of the date of dismissal.

 

37.

(1) If the appellant is present when the appeal is called on for the hearing the Appellate Officer shall proceed to hear the appellant or his authorized agent and any other person summoned by him for this purpose, and pronounce judgement on the appeal, either confirming reversing or varying the order appealed from.
(2) The judgement of the appellate officer shall state the points for determination, the decisions thereon and the reasons for the decisions.
(3) The order shall be communicated to the appellant and cony there of shall be sent to the Registering officer or the Licensing Officer from whose order the appeal has been preferred.

 

38. Payment of Fees:- Unless otherwise provided in these rules all fees to be paid under these rules shall be paid in the Local Treasury under the head of account XXXII- Miscellaneous, Social & Development organization and receipt obtained which shall be submitted with the application or the memorandum of appeal as the case may be; 39. Conies:- Copy of the order of the registering Officer, Licensing officer or the Appellate Officer may be obtained on payment of fees of rupees two for each order on application specifying the date and other particulars of the order made to the Officer concerned.

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