Appeal and review

(1) Any person aggrieved by an order passed under sub-section (1) of section 5 by the Competent Authority rejecting an application made to it under section 4 may, within thirty days from the date of receipt of such order, appeal to the next higher Competent Authority and that authority may after giving the appellant an opportunity of being heard, either confirm the order appealed against or set aside the said order by following the prescribed procedure.

(2) When the Competent Authority rejecting an application for community certificate is the District Collector, the person aggrieved by the said decision of the District Collector, may within fifteen days from the date of receipt of the order of the District Collector, appeal to the Government and the Government may after giving the appellant an opportunity of being heard, confirm the order of the District Collector or arrange for an enquiry through the Expert Agency and issue appropriate orders or directions on the basis of the expert report.

(3) Any person aggrieved by an order passed under section 11 by the Scrutiny Committee may within thirty days from the date of receipt of such order appeal to the High Court and the High Court would dispose of the case as expeditiously as possible within a period of three months. In case the writ petition/miscellaneous petition/matter is disposed of by Single judge, no further appeal would lie against that order to the Division Bench, but subject to special leave under Article 136.

(4) The Government may, on an application received from any person aggrieved by an order passed by them under sub-section (2) of section 11 within fifteen days of the date of receipt of the said Order, review any such order if they are satisfied that the order was passed by them under any mistake, whether of fact or law or in ignorance of any material fact or unaware of any relevant evidence.

(5) Pending disposal of an appeal under sub-section (2) or review under sub-section (4), it shall be competent for the Government to stay the operation of the order against which the appeal or review, as the case may be, is filed.