106. Procedure for presentation to and disposal of appeals by State Government and Registrar under Section 152
(1) An appeal to the State Government or the Registrar shall be presented by the appellant or by his duly appointed agent to the appellate authority either in person during office hours or sent to it by registered post.
(2) When such an appeal is presented by an agent, it shall be accompanied by letter of authority of the appellant appointing him as such.
(3) Every appeal shall be accompanied by a certified copy of the order against which the appeal is preferred.
(4) Every appeal shall:—
(i) be either type written or hand written in ink legibly;
(ii) specify the name and the address of the appellant and also the name and address of the opponent, as the case may be;
(iii) state by whom the order against which the appeal is preferred was made;
(iv) clearly state the grounds on which the appeal is made;
(v) state precisely the relief which the appellant claims; and
(vi) give the date of the order appealed against.
(5) On receipt of the appeal, the appellate authority shall endorse on it the date of its receipt by it. The appellate authority shall, as soon as possible, examine it and satisfy itself that:—
(i) the person presenting it has the authority to do so;
(ii) that it is made within the prescribed time limit; and
(iii) that it conforms to all the provisions of the Act and these rules.
(6) If the appellate authority finds that the appeal presented does not conform to any of the said provisions, it shall make a note on the appeal to that effect and may call upon the appellant or his agent to remedy the defects within a period of seven days of the receipt of the notice to do so or in case the appeal has not been presented within the prescribed time limit to show cause within the said period of seven days why it should not be dismissed as time-barred by the appellate authority.
1. Subs by G.N of 15-12-1962
(7) If the defect is remedied or the cause shown by the appellant or his agent satisfies the appellate authority, the appellate authority may proceed to consider the appeal.
(8) If the appellant or his agent fails to remedy the defects or to show cause to the satisfaction of the appellate authority within the said period, the appellate authority may, if the appeal is not presented within the time limit, dismiss the appeal as time-barred. In cases where it is considered necessary to give a hearing, the appellate authority may fix a date for hearing, of which due notice shall be given to the appellant or his agent.
(9) On the date so fixed, the appellate authority shall go through the relevant papers, hear the appellant or his agent, if present, and pass suitable order on the appeal.
(10)The appellate authority may, at its discretion, adjourn to any other day the hearing of any apeal at any stage.
(11)When the hearing of the appeal is completed, the appellate authority shall announce its judgment forthwith or may fix a date for the same, after giving due notice to the appellant or the other parties to the appeal.
(12)Every decision or order of the appellate authority shall be in writing and a copy of the same shall be supplied to the appellant and such other parties as in the opinion of the appellate authority are likely to be affected by the decision or the order.