Chapter X APPEALS

(1) In the case of a Municipal Council any person aggrieved by-

1. (a) a notice or order issued or other action taken by the President under section 183(5)(a) and (b), 184, 190, 203, 205, 206,207, 209,210, 211, 212, 229, 268 and 283 or any rules or bye-laws made for the purpose of the said sections for any order made appealable by such rules or bye- laws or any order granting or refusing to grant a licence or permission, may appeal to the Council within thirty days from the date of such order and such appeal shall be heard and disposed of by the Council in the prescribed manner;
2. (b) any notice or order issued or other action taken by the Chief Municipal officer under Sections 180(1) and (2), 185, 187,191,192, 194,208, 220,221,223, 227, 242, 251 and 285 or any rules or bye-laws made for the purpose of the said sections or any order made appealable by such rules or bye-laws or any order granting or refusing to grant a licence or permission, may appeal to the Appeal Committee within thirty days from the date of such order and such appeal shall be heard and disposed of by the Appeal Committee in the prescribed manner.

1. (2) The Appeal Committee shall consist of President, Vice President and two elected in this prescribed manner by the Council in accordance with the system of proportional representation by means of a single transferable vote in the first meeting of the Council after every general elections. The President shall be ex-officio Chairman of the Appeal Committee. (2-a) In the event of any vacancy occurring in the Appeal Committee, it shall be reported to the authority prescribed under section----- and the vacancy shall be filled in, in accordance with the provisions of sub-section (2).
2. (3) The Council or the Appeal Committee may for sufficient reasons to be recorded in writing admit any appeal, after the expiry of the period specified in sub-section(1).
3. (4) the Council or the Appeal Committee, as the case may be, remand any case for further enquiry or decision or may pass any other order that may be deemed just and proper, and no appeal or revision shall lie against this decision: Provided that no orders shall be passed to then prejudice of any person until he has been given a reasonable opportunity of being heard.
4. (5) The Council or the Appeal Committee as the case may be, may allow any Executive Officer or any other official deputed by the Chief Municipal Officer for the purpose to appear before it in any appeal and to watch or represent the interest of he Council.
5. (6) In case the Chief Municipal Officer himself or any other person is appointed to exercise all

the powers and duties of the Council under section 328 an appeal against orders passed by him

pertaining to matters mentioned in sub-section (1) shall lie to such person or committee of persons as the State Government may by notification, from time to time appoint in this behalf and such person shall exercise all the powers of the Appeal Committee mentioned in this section.

Panchayats.- (1) In the case of Nagar Panchayat any person aggrieved by-

1. (a) any notice or order issued or other action taken by the Council under Sections 193,197,219 and 231 or under any rules or bye-laws made for the purpose of the said sections, and any order made appealable by such rules or bye-laws;

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

1. (b) any notice or order or other action taken by the President under Sections 183,(5)(a) and (b) 184,187,190,203,205,206,207,209,210,211, 212, 218, 2229,268 and 283 or under any rules or bye-laws made for the purpose of the sadi sections and any order made appealable by such rules or bye-laws;
2. (c) any notice of order or other action taken by the Chief Municipal Officer under Sections 180

1. (1) and (2), 185, 191, 192, 194, 208,220, 221, 223, 227, 242, 251 and 285 or under any rules, or bye-laws made and any order made appealable by such rules or bye-laws;
   • (d) any order of the Council, President or the Chief Municipal Officer as the case may be, granting or refusing to grant a licence or permission; may appeal to the Collector within thirty days from the date of such order and such appeal shall be heard and disposed of by the /collector in the prescribed manner.
2. (2) The Collector may, for sufficient reasons to be recorded in writing, admit any appeal after the expiry of the period specified in sub-section (1),
3. (3) The Collector m ay remand any case for further enquiry or decision or may pass any other order that may be deemed just and proper and no appeal or revision shall lie against this decision: Provided that no order shall be passed to the prejudice of any person until he has been given a reasonable opportunity of being heard.
4. (4) The Collector may allow an Executive Officer or any other official deputed by the Council for the purpose to appear him in any appeal and to watch or represent interest of the Council.

made thereunder shall not operate as a stay of proceedings under a notice or order appealed from except so far as the appellate authority may order, nor shall execution of a notice or order by stayed by reason only of an appeal having been preferred from the notice or order but the appellate authority may, for sufficient cause, order stay of execution of such notice or order.

1. (5) No order for stay of execution shall be made under sub-section (4) unless the appellate authority making it is satisfied-
   • (a) that substantial loss may result to the party applying for stay of execution unless the order is made; and
   • (b) that the application has been made without un reasonable delay.
2. (6) Notwithstanding anything contained in sub-section (5) the appellate authority may make an ex-pert order for stay of execution pending the hearing of the application.

The appellate authority shall follow such procedure as may be prescribed.

Notwithstanding anything contained in this Act:--

1. (a) an appeal or revision pending before any authority under any of the enactments repealed by this Act immediately before the commencement of this Act; or
2. (b) where a right for appeal or revision has accrued against a notice issued or an order passed immediately before the commencement of this Act and the limitation set out therefor under any of the enactments repealed by this Act, has not expired. such appeal to revision shall be heard and disposed of by the authority competent to hear such appeal or revision in accordance with the provisions of the enactment so repealed.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

1. (2) Notwithstanding any subsequent change in the classification of a Municipality under Section 4 an appeal pending before any authority competent to hear the appeal under this Act immediately before such change shall be heard and disposed of by such authority.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।