section 416
Appeals against decision of the Judge regarding payment of expenses for works executed.
The Gujarat Provincial Municipal Corporations Act, 1949(1) An appeal shall lie to the 1[Civil Appellate Court] from a decision of the Judge regarding the amount or payment of expenses for any work executed, when the amount of the claim in respect of which the decision is given exceeds two thousand rupees: Provided that no such appeal shall be heard by the 1[Civil Appellate Court] unless it is filed within one month from the date of the decision of the Judge. (2) The decision of the Judge regarding the amount or payment of expenses for any work executed, if no appeal is filed under this section, and, if an appeal is filed, the decision of the 1[Civil Appellate Court] in such appeal shall be final. (3) When an appeal is filed under sub-section (1) in respect of a decision regarding the amount or payment of expenses for any work executed, the Commissioner shall defer proceedings for the recovery of the amount determined under the said section to be due pending the decision of the 1[Civil Appellate Court] and, after the decision, shall proceed to recover only such amount, if any, as shall be thereby determined to be due. 2[416A. The State Government may from time to time, by notification in the Officeal Gazette, prescribe what fee, if any, shall be paid for an appeal to the 1[Civil Appellate Court] under section 411, 415 or 416: Provided that the 1[Civil Appellate Court] may, whenever it thinks fit, receive an appeal by or on behalf of a poor person, without payment or on a part payment of the prescribed fees: Provided further that whenever an appeal made to the 1[Civil Appellate Court] is settled by agreement of the parties before the hearing, half the amount of the fees paid up shall be repaid by the 1[Civil Appellate Court] to the party by whom the same may have been paid.] V. Proceedings before Judge.
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