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98. Procedure in appeals.- (1) An appeal presented under Section 107 shall lie to the Chief Inspector or in cases where the order appealed against in an order passed by that officer, to the Chief Commissioner or to such authority as the Chief Commissioner may appoint in this behalf and shall be in the form of a memorandum setting forth concisely the grounds of objection to the order and bearing cut-fee strips in accordance with Article 11 of Schedule 11 to the Court. fee Act, 1870, and shall be accompanied by a copy of the order appealed against.

(2) Appointment of assessors.- On receipt of the memorandum of appeal the appellate authority shall if it thinks fit or if the appellant has requested that the appeal should be heard with the aid of assessors, call upon the body declared under sub-rule (3) to be representative of the industry concerned, to appoint an assessor within a period of 14 days. If assessor is nominated by such body, the appellate authority shall appoint a second assessor itself. It shall then fix a date for the hearing of the appeal and shall give due notice of such date to the appellant and the Inspector whose order is appealed against, and shall call upon the two assessors to appear upon such date to assist in the hearing of the appeal.

(3) The appeliant shall state in the memorandum presented under sub-rule (1) whether he is a member of one or more of the following bodies :- The body empowered to appoint the assessor shall:-

(a) if the appellant is a member of one of such bodies, be that body;

(b) if he is a member of two such bodies, be the body which the appellant desires should appoint such assessor; and

(c) if the appellant is not a member of any of the aforesaid bodies or if the does not state in the memorandum which of such bodies he desires should appoint the assessor, be the body which the appellate authority considers as the best fitted to represent the industry concerned.

Name of bodies

1. The Delhi Factory Owners Federation, New Delhi.

2.

3.

(4) Remuneration of assessors.- An assessor appointed in accordance with the provisions of sub-rule (2) and (3) shall receive for the hearing of the appeal, a fee to be fixed by the appellate authority, subject to a maximum of fifty rupees per dies. He shall a1so receive the actual traveling expenses. The fees and traveling shall be paid to the assessors by Government; but where assessors have been appointed at the request of the appellant and the appeal had been decided wholly or partly against him the appellate authority may direct that the fees and traveling expenses of the assessor shall be paid in whole or in part by the appellant.

 

 

 

 

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