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State of Madhya Pradesh - Section

Section 9 in The M.P. Vanaspati Rog Tatha Vinashi Kit Adhiniyam, 1972

9. Appeal.

(1)Any person aggrieved by an order made under Section 7 or sub-section (3) of Section 8 may, within thirty days from the date of the service of the order, prefer an appeal to such authority and in such form as may be prescribed :Provided that no appeal shall lie against an order under Section 7 or sub-section (3) of Section 8 except on the following grounds,-
(i)in the case of an order under Section 7-
(a)that no preventive or remedial measures were taken in respect of his land; or
(b)that the charges for labour, material or use of implements are unreasonably high; and
(ii)in case of an order under sub-section (3) of Section 8-
(a)that the assessment of the amount payable has not been made in accordance with the rates fixed by the District Magistrate;
(b)that the amount assessed includes charges other than the items mentioned in sub-clauses (i) and (ii) of clause (b) of sub-section (1) of Section 8;
(c)that the charges for labour material or use of equipment are unreasonably high :
Provided further that in computing the period of thirty days the time requisite for obtaining a copy of the order shall be excluded.
(2)Subject to such procedure as may be prescribed and after such further enquiry as the appellate authority may deed fit, it may either affirm, vary or reverse the order of the Inspecting Officer :Provided that it shall not vary or reverse any order unless notice has been served on the parties interested and an opportunity of being heard is given to them.
(3)Every order passed under sub-section (2) shall be final and shall not be called into question in any Court of law.
(4)If the appellate authority is satisfied that the amount paid by the occupier is in excess of the amount payable by him, it shall cause a refund to be made of the amount paid in excess.