section 64
Appeals
The Jammu and Kashmir Weights and Measures Enforcement Act, 1978Corporate197865 sections9 chapters
Chapter X Chapter X
Statutory text
Appeals.--(1) Subject to the provisions of sub-section (2), an appeal shall lie--
- (a) from every decision under Chapter V, VI, VII, VIII or IX of this Act,
- (i) if made by an Inspector, to the Controller;
- (ii) if made by an Additional Controller, to the Controller;
- (b) from every decision of the Controller made under Chapter V, VI, VII, VIII or IX of this Act, not being a decision made in appeal under clause (a), to the State Government or any officer specially authorised in this behalf by the Government.
- (2) Every such appeal shall be preferred within sixty days from the date of the decision appealed against : Provided that the appellate authority may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of sixty days, admit the appeal within a further period of sixty days.
- (3) On receipt of any such appeal, the appellate authority may, after giving the appellant a reasonable opportunity of being heard, if the appellant so desires, and after making such enquiry as it deems proper, make such order as it may think fit and cause such order to be communicated to the parties, and the appellate authority may, if it is necessary, take evidence, if necessary.
- (4) Every appeal shall be accompanied by such fee, not exceeding twenty-five rupees, as may be prescribed.
- (5) The Government may, on its own motion or otherwise, call for and examine the record of any proceeding to satisfy itself as to the correctness, legality or propriety of any decision or order passed by any officer subordinate to it and may pass such orders thereon as it may think fit : Provided that no decision on order shall be varied under this sub-section so as to prejudicially affect any person unless such person has been given a reasonable opportunity of showing cause against the proposed variation.
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