Appeals from Commissioner

(1) An appeal shall lie to the standing committee or if no such committee has been constituted, to the council from --

1. (a) any notice issued or other action taken or proposed to be taken by the Commissioner ---
   • (i) under section 223, section 231, section 238, section 239, section 240, section 242, sub-section (1) or sub-section (3) of section 300, sub-section (3) of section 314, sub-section (1) of section 317, sub-section (1) of section 318, sub-section (1) of section 323, section 325, section 335 section 346, or section 347, or
   • (ii) under any bye-law concerning house drainage and the connection of house-drains with municipal drains or house connections with municipal water-supply or lighting mains, or
2. (b) any refusal by the Commissioner to approve a building site under section 294, or
3. (c) any direction by the Commissioner levying a penalty under section 315: Provided that no appeal against such a direction shall be entertained unless the appellant has paid the penalty which fell due up to the date on which the appeal is presented by him: Provided further that the municipal council shall have no power to stay the collection of any penalty which may fall due during the pendency of the appeal, or
4. (d) any order of the Commissioner granting or refusing a licence or permission,
5. (e) any order of the Commissioner made under sub-section (6) of section 457, suspending or revoking a licence, or
6. (f) any other order of the Commissioner that may be made appealable by rules made under section 440.

1. (2) Every such appeal shall be disposed of by the standing committee or, as the case may be, by the council within one month from the date of its receipt in the municipal office and, if not disposed of within that time, shall be transmitted by the Commissioner to such officer as may be specified by the Government by order for disposal.
2. (3) The decision of the standing committee or the council or the officer specified under sub-section (2), as the case may be, on any such appeal shall, subject to the provisions of sub-section (4), be final and the standing committee or the council or the said officer shall have no power to revise its or his decision.
3. (4) The Government may, at any time, call for and examine the records relating to any such appeal, and pass such orders as it may deem fit.