TNCOS Rules 169अध्याय XVI · Appeae, Revision and Review

धारा 169 · Procedure regarding appeals other than those to Co-operative Tribunal and application for revision

(1)

(a)

An appeal under sub-section (2) of section 152 or an application for revision under sub-section (1) of section 153 shall be either presented in person or sent by registered post to the appellate or revising authority.

(b)

The fee payable in respect of the appeal or the application for revision, shall be at the rates as specified in Schedule III.

(2)

The appeal or the application for revision shall be in the form of memorandum and shall be accompanied by either the original or a copy certified in accordance with rule 173 of the decision, order, award refusal, registration or approval complained of or other proceedings appealed against or 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 respondent or respondents, as the case may be;

(b)

set forth concisely and under distinct heads, the grounds or objection to the decision, order, award, refusal, registration or approval complained of or other proceedings appealed against or sought to be revised together with a memorandum of evidence;

(c)

state precisely the relief which the appellant or the applicant claims;

(d)

give the date of the decision, order, award, refusal, registration or approval complained of or other proceedings appealed against or sought to be revised and the date of receipt thereof; and

(e)

accompany a receipted challan or record to evidence payment towards the fees specified in Schedule III.

(4)

Where an appeal under sub-section (2) of section 152 is preferred after the expiry of sixty days specified in sub-section (3) 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 receipt of the appeal or the application for 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 standi to do so;

(b)

it is made within the specified time limit in the case of an appeal, or is accompanied by a petition referred to in sub-rule (4), as the case may be; and

(c)

it conforms to all the provisions of the Act and these rules.

(6)

If the appeal or application for revision, prima facie, appears to be not in order or does not contain the particulars required under sub-rule (3), the appellate or revising authority may return such appeal or application for revision indicating the reasons therefor and calling upon the appellant or the applicant for revision to remedy the defects, if any, or furnish such additional information as may be necessary and present again the appeal or application for revision within a period of fifteen days from the date of the communication.

(7)

The revising authority may, before passing orders under section 153, obtain from any subordinate officer such further information in regard to the enquiry or the proceedings for the purpose of verifying the regularity of such proceedings or the correctness, legality or propriety of any decision passed or order made therein. The revising authority may also call for and obtain from the parties connected with such enquiry or proceedings such information as is necessary with reference to the examination of the records of enquiry or proceedings and the information obtained from the subordinate officer.

(8)

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 revision as may seem just and reasonable.

(9)

(a)

Every order of the appellate or revising authority under sub-section (2) of section 152 or section 153, as the case may be, shall be reduced in writing and shall also contain an order as to costs.

(b)

A copy of the order shall be communicated free of cost by the appellate or revising authority to the parties to the appeal or revision by personal delivery under acknowledgement or under certificate of posting.

(10)

Clerical or arithmetical mistakes in the order or errors arising therein from any accidental slip or omission may, at any time, be corrected or caused to be corrected by the appellate or revising authority, either suo motu or on the application of any of the parties to the appeal or revision.

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