Appellate Authority and Appeals
(1) The State
Government may, by notification in the Official Gazette, appoint
an officer or an authority as Appellate Authority, with the power to
decide appeals against the orders of the Competent Authority
under this Act:
71
Provided that the State Government may appoint more than
one officer or authority under this sub-section and distribute the
work among them in such manner as it deems fit.
(2) Notwithstanding anything contained in any law for time
being in force but subject to the provisions of sub-section (6) of
section 12, any person aggrieved by any order of the Competent
Authority under this Act may, within a period of thirty days of
communication of the order to him, prefer an appeal to the
Appellate Authority in such form and manner as may be
prescribed.
(3) Every appeal under sub-section (2) shall be made in
such form and manner and shall be accompanied by such fee as
may be prescribed.
(4) The Appellate Authority may, after giving an
opportunity to be heard to the parties and to the Competent
Authority, pass such order, as it deems fit, either confirming,
modifying or setting aside the order of the Competent Authority,
and the order of the Appellate Authority shall be final.
(5) An appeal under this section shall, as far as possible, be
disposed of by the Appellate Authority within a period of one
hundred eighty days from the date of its filing and if an appeal is
not disposed of within the aforesaid period, the Appellate Authority
shall record reasons therefor.
(6) The Appellate Authority shall have, for the purposes of
discharging its functions under this Act, the same powers as are
vested in a civil court under the Code of Civil Procedure, 1908
(Central Act No. 5 of 1908) while trying a suit, in respect of the
following matters, namely:-
(a) receiving evidence;
(b) issuing commissions for examination of witnesses;
(c) requisitioning any public record; and
(d) any other matter, which may be prescribed,
and any proceeding before the Appellate Authority shall be
deemed to be a judicial proceeding within the meaning of sections
193 and 228, and for the purpose of section 196 of the Indian
Penal Code, 1860 (Central Act No. 45 of 1860), and the Appellate
Authority shall be deemed to be a civil court of the purpose of
section 195, but not for the purposes of Chapter XXVI, of the Code
of Criminal Procedure, 1973 (Central Act No. 2 of 1974).
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