Appeal

§6

Summary

[1]Any person, whase application is rejecied under subsection [2]of section S or who is not provided with the service within the stipulated time limit, may file an appeal to the first appeal officer within thirty days from the date of rejection of application or the expiry of the stipulated time limit : Provided that the first appeal officer may admit the appeal after the expiry of the period of thirty days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. [2]The first appeal officer may order to the designated officer to provide the service within the period specified in the order or may reject the appeal. [3]A second appeal against the decision of the first appeal shall lie to the seconhd appellate authority within 60 days from the date on which the decision was made : Provided that the second appellate authority may admit the appeal after the expiry of the period of 60 days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. [4][a]The sccond appellate authority may order to the designated officer to provide the service within such period as he may specify or may reject the appeal. [b]The second appellate authority, may along with the order to provide services impose penalty according to the provisions of section 7. [5][a]If the designated officer or the authorized officer as the case may be does not acknowledge the application under sub-section [1]of section 5, then the applicant may submit an application directly to the first appeal officer. This application shall be disposed of in the manner of first appeal. [b]If the designated officer does not comply with the order of providing the service under sub-section (2), then the applicant may submit an application directly to the second appellate authority. This application shall be disposed of in the manner of first appeal. [6]The first appeal officer and second appellate authority shall while deciding an appeal under this section, have the same powers as are vested in civil court while trying a suit under the Code of Civil Procedure, 1908 [Act no. 5 of 1908)]in respect of the following matters, namely :— [a]requiring the production and inspection of documents ; [b]issuing summens for hearing to the designated officer and appellant ; and [c]any other matter which may be prescribed.

[1]Any person, whase application is rejecied under subsection [2]of section S or who is not provided with the service within the stipulated time limit, may file an appeal to the first appeal officer within thirty days from the date of rejection of application or the expiry of the stipulated time limit : Provided that the first appeal officer may admit the appeal after the expiry of the period of thirty days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. [2]The first appeal officer may order to the designated officer to provide the service within the period specified in the order or may reject the appeal. [3]A second appeal against the decision of the first appeal shall lie to the seconhd appellate authority within 60 days from the date on which the decision was made : Provided that the second appellate authority may admit the appeal after the expiry of the period of 60 days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. [4][a]The sccond appellate authority may order to the designated officer to provide the service within such period as he may specify or may reject the appeal. [b]The second appellate authority, may along with the order to provide services impose penalty according to the provisions of section 7. [5][a]If the designated officer or the authorized officer as the case may be does not acknowledge the application under sub-section [1]of section 5, then the applicant may submit an application directly to the first appeal officer. This application shall be disposed of in the manner of first appeal. [b]If the designated officer does not comply with the order of providing the service under sub-section (2), then the applicant may submit an application directly to the second appellate authority. This application shall be disposed of in the manner of first appeal. [6]The first appeal officer and second appellate authority shall while deciding an appeal under this section, have the same powers as are vested in civil court while trying a suit under the Code of Civil Procedure, 1908 [Act no. 5 of 1908)]in respect of the following matters, namely :— [a]requiring the production and inspection of documents ; [b]issuing summens for hearing to the designated officer and appellant ; and [c]any other matter which may be prescribed.

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