section 59
Appeals.
The Mumbai Metropolitan Region Specified Commodities Markets (Regulation of Location) Act, 1983General198376 sections11 chapters
Chapter VIII CONTROL
Statutory text
- (1) Save as otherwise provided in section 5, section 6, sub-section (2) of section 15 and subject to the provisions of section 60, an appeal from every original order passed under this Act or the rules, regulations or by-laws made thereunder shall lie,-
- (i) if the order is made by an officer other than the Chief Executive Officer, to the Chief Executive Officer ;
- (ii) if the order (other than an order made in appeal) is made by the Chief Executive Officer, to the standing committee ;
- (iii) if the order (other than an order made in appeal) is made by the standing committee, to the committee ;
- (iv) if the order is made by a committee, to the Metropolitan Commissioner.
- (2) In the case of an order passed in appeal by the committee, a second appeal shall lie to the Metropolitan Commissioner.
- (3) No appeal or second appeal may be entertained unless it is filed within a period of thirty days from the date of receipt by the applicant of the order appealed against : Provided that,-
- (i) in computing the period of thirty days, the time required to obtain a copy of the decision or order appealed against shall be excluded ;
- (ii) the appellant authority may, for good and sufficient reasons to be recorded in writing, condone delay (not exceeding thirty days), if any, in filling an appeal.
- (4) No order shall be passed in any appeal filed under sub-section (1), (2) or (3) unless the appellant is given an opportunity of standing his case; and every order passed in appeal, shall, subject to the provisions of sub-section (2), section 61 and section 62, be final and conclusive.
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