| 118 |
Procedure regarding appeals
and application for revision |
| 1 |
An appeal under sub section (2)
of section 98 or an application for
revision under section 99 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 form of a
memorandum and shall be accompanied
by the
original or certified copy of the
order appealed from of 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 ground 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 from
or sought to be revised. |
| 4 |
Where an appeal
under sub section (2) of section 98
is preferred after the said expiry
of sixty days specified in
the 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 for not
preferring the appeal within the
said period of sixty days. |
| 5 |
On the receipt
of the appeal or the application for
the 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 stand to
do so |
| b |
it is made
within the prescribed time limit ;
and |
| c |
it confirms to all the provision 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
notice to do so If the appellant or
the application for revision fails
to remedy the defect or furnish the
additional information called
for within the said period, the
appeal or the revision petition may
be dismissed. |
| 7 |
The
appellate or the revising authority
may before passing orders on the
application may call for and obtain
from the parties connected with the
appeal or revision such further
information as is necessary with
reference to
the examination of the records of
enquiry of proceeding. |
| 8 |
In the
proceeding before the appellate or
revising authority, legal
practitioners shall be entitled to
appear to
represent the 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
revising as may seem just and
reasonable |
| 10 |
Every order of the appellate or
revising authority shall be in
writing and it shall be communicated
to the
appellant, 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 the appeal or the application
for revision was made. |
| |
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