Appeal

Appeal 16.

1. (1) The State Government by notification, published in the Official Gazette shall constitute an Appellate Authority for hearing appeal against the order of the authority.
2. (2) Any person aggrieved by the decision of the Authority, may prefer an appeal to the Appellate Authority within a period of thirty days from the receipt of the order of the authority in such form, in such manner and to be accompanied by such fees as may be prescribed: Provided that the Appellate Authority may entertain any appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period.
3. (3) On receipt of an appeal under sub-section
4. (2) above, the Appellate Authority may, after providing the parties to the dispute, an opportunity of being heard, pass such orders as it deems fit.
5. (4) The appellant shall have a right to appear in person or through a counselor by a duly authorized agent and the Authority may be represented by such officer or person as the Authority may appoint.
6. (5) The Appellate Authority shall send a copy of every order made by it to the parties to of appeal.
7. (6) The Appellate Authority may, for the purpose of examining the legality or propriety or correctness of any decision or order of the authority referred to in the appeal, on its own motion or otherwise, call for the records relevant to disposing of such appeal or application and make such orders as it thinks fit.
8. (7) 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 in respect of the following matters, namely—
   • (a) summoning and enforcing the attendance of any person and examining his on oath;
   • (b) requiring the discovery and production of documents;
   • (c) receiving evidence on affidavits;
   • (d) requisitioning any public record or document or a copy of such record or document, from any office subject to the provisions of Bharatiya Sakshya Adhiniyam, 2023;
   • (e) issuing commissions for the examination of witnesses or documents;
   • (f) reviewing its decisions;
   • (g) dismissing an application for default or deciding it, ex - parte;
   • (h) setting aside any order of dismissal of any application for default or any order passed by it, ex - parte; and
     • (i) any other matter which may be prescribed.
9. (8) An order passed by the Appellate Authority under this Act shall be executable by the Authority as a decree of a Civil Court and for this purpose, the Appellate Authority shall have all the powers of a Civil court.