28Appeals
(1) Any person aggrieved by an order made by the State Board under section 25, section 26 or section 27 may, within thirty days from the date on which the order is communicated to him, prefer an appeal to such authority (hereinafter referred to as the appellate authority) as the State Government may think fit to constitute:
Provided that the appellate authority may entertain the appeal after the expiry of the said period of thirty days if such authority is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
1 [(2) An appellate authority shall consist of a single person or three persons, as the State Government may think fit, to be appointed by that Government.]
(3) The form and manner in which an appeal may be preferred under sub-section (1), the fees payable for such appeal and the procedure to be followed by the appellate authority shall be such as may be prescribed.
(4) On receipt of an appeal preferred under sub-section (1), the appellate authority shall, after giving the appellant and the State Board an opportunity of being heard, dispose of the appeal as expeditiously as possible.
(5) If the appellate authority determines that any condition imposed, or the variation of any condition, as the case may be, was unreasonable, then,--
(a) where the appeal is in respect of the unreasonableness of any condition imposed, such authority may direct either that the condition shall be treated as annulled or that there shall be substituted for it such condition as appears to it to be reasonable;
(b) where the appeal is in respect of the unreasonableness of any variation of a condition, such authority may direct either that the condition shall be treated as continuing in force unvaried or that it shall be varied in such manner as appears to it to be reasonable.
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1. Subs. by Act 44 of 1978, s. 15, for sub-section (2) (w.e.f. 12-12-1978).
- 19 Power of State Government to restrict the application of the Act to certain areas
- 20 Power to obtain information
- 21 Power to take samples of effluents and procedure to be followed in connection therewith
- 22 Reports of the result of analysis on samples taken under section 21
- 23 Power of entry and inspection
- 24 Prohibition on use of stream or well for disposal of polluting matter, etc
- 25 Restrictions on new outlets and new discharges
- 26 Provision regarding existing discharge of sewage or trade effluent
- 27 Refusal or withdrawal of consent by State Board
- 28 Appeals
- 29 Revision
- 30 Power of State Board to carry out certain works
- 31 Furnishing of information to State Board and other agencies in certain cases
- 32 Emergency measures in case of pollution of stream or well
- 33 Power of Board to make application to courts for restraining apprehended pollution of water in streams or wells
- 33A Power to give directions