Appeal.

§9

Summary

(1) Any eligible person, whose application is rejected under subsection (2) of section 5 or who is not provided the public service within the stipulated time limit, may file an appeal before the First Appellate Authority within the period of thirty days from the date of receipt of, order of rejection of the application or, the expiry of the stipulated time limit: Provided that, the First Appellate Authority may, in exceptional cases, admit the appeal even after the expiry of the period of thirty days, subject to the maximum period of ninety days, if it is satisfied that the Appellant was prevented by sufficient cause from filing the appeal in time. (2) The First Appellate Authority may direct the Designated Officer to provide the service to the eligible person within such period as he may specify in his order but which shall not ordinarily exceed the stipulated time limit, or he may reject the appeal within the period of thirty days from the date of filing of the appeal, after recording the reasons in writing for such rejection : Provided that, before deciding the appeal, the First Appellate Authority shall give an opportunity of being heard to the Appellant as well as to the Designated Officer or any of his subordinate duly authorized for this purpose. (3) A second appeal against the order of the First Appellate Authority shall lie to the Second Appellate Authority within the period of thirty days from the date on which the order of the First Appellate Authority is received or after forty-five days from the date of filing of the first appeal in case where the Appellant does not receive any order from the First Appellate Authority: Provided that, the Second Appellate Authority may, in exceptional cases, admit the appeal even after the expiry of the period of thirty days or forty-five days, as the case may be, subject to the maximum period of ninety days, if it is satisfied that the Appellant was prevented by sufficient cause from filing the appeal in time. (4) The Second Appellate Authority may direct the Designated Officer to provide the service to the Appellant within such period as he may specify in his order or he may reject the appeal within the period of forty-five days from the date of filing of the appeal, after recording reasons in writing for such rejection : Provided that, before issuing any order, the Second Appellate Authority shall give an opportunity of being heard to the Appellant as well as to the Designated Officer or any of his subordinate duly authorised for this purpose. (5) The First Appellate Authority and Second Appellate Authority while deciding an appeal under this section, shall have the same powers as are vested in civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely :- (a) requiring the production and inspection of documents or records; (b) issuing summons for hearing ; and (c) any other matter which may be prescribed.

(1) Any eligible person, whose application is rejected under subsection (2) of section 5 or who is not provided the public service within the stipulated time limit, may file an appeal before the First Appellate Authority within the period of thirty days from the date of receipt of, order of rejection of the application or, the expiry of the stipulated time limit: Provided that, the First Appellate Authority may, in exceptional cases, admit the appeal even after the expiry of the period of thirty days, subject to the maximum period of ninety days, if it is satisfied that the Appellant was prevented by sufficient cause from filing the appeal in time. (2) The First Appellate Authority may direct the Designated Officer to provide the service to the eligible person within such period as he may specify in his order but which shall not ordinarily exceed the stipulated time limit, or he may reject the appeal within the period of thirty days from the date of filing of the appeal, after recording the reasons in writing for such rejection : Provided that, before deciding the appeal, the First Appellate Authority shall give an opportunity of being heard to the Appellant as well as to the Designated Officer or any of his subordinate duly authorized for this purpose. (3) A second appeal against the order of the First Appellate Authority shall lie to the Second Appellate Authority within the period of thirty days from the date on which the order of the First Appellate Authority is received or after forty-five days from the date of filing of the first appeal in case where the Appellant does not receive any order from the First Appellate Authority: Provided that, the Second Appellate Authority may, in exceptional cases, admit the appeal even after the expiry of the period of thirty days or forty-five days, as the case may be, subject to the maximum period of ninety days, if it is satisfied that the Appellant was prevented by sufficient cause from filing the appeal in time. (4) The Second Appellate Authority may direct the Designated Officer to provide the service to the Appellant within such period as he may specify in his order or he may reject the appeal within the period of forty-five days from the date of filing of the appeal, after recording reasons in writing for such rejection : Provided that, before issuing any order, the Second Appellate Authority shall give an opportunity of being heard to the Appellant as well as to the Designated Officer or any of his subordinate duly authorised for this purpose. (5) The First Appellate Authority and Second Appellate Authority while deciding an appeal under this section, shall have the same powers as are vested in civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely :- (a) requiring the production and inspection of documents or records; (b) issuing summons for hearing ; and (c) any other matter which may be prescribed.

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