Section 32 in Bihar Targeted Public Distribution System (Control) Order, 2016
32. Appeal.
- (i) All District Officers under their territorial jurisdiction are appointed as appellate authority for exercising the powers conferred upon and discharging the functions under this Order.Provided that an appeal pending before an Appellate Authority appointed under the Public Distribution System (Control) Order, 2001 shall be disposed of by such authority as if this Order had not been made.(ii)Any person aggrieved by an order of the designated authority denying the issue or renewal of a ration card or cancellation of the ration card may appeal to the District Officer within thirty days of the date of receipt of the order.(iii)Any person aggrieved by an order of the licensing authority denying the issue or renewal of the license to the fair price shop owner or cancellation of the license may appeal to the District Officer within thirty days of the date of receipt of the order and the District Magistrate shall, as far as practicable, dispose the appeal within a period of sixty days.Provided that once an appeal has been disposed of by the District Officer, the time for issue or renewal of the license of the fair price shop owner by the licensing authority shall begin from the date of decision of the District Officer on the appeal.(iv)No appeal shall be disposed of unless the aggrieved person has been given a reasonable opportunity of being heard.(v)Till the disposal of appeal pending, the Appellate Authority may direct that the order under appeal shall not take effect for such period as the authority may consider necessary for giving a reasonable opportunity to the other party under sub-clause (4) or until the appeal is disposed of, whichever is earlier.(vi)Due to non disposal of the appeal within sixty days by the District Officer or against the order passed in the appeal, a revision may be filed before the Divisional Commissioner. The revision shall be disposed of within two months.(vii)The Principal Secretary/ Secretary of the department may call for the records related to the order passed under the provisions of this Order by the Divisional Commissioner or the District Officer or the licensing authority or the Sub Divisional Officer suo motto or upon a representation by someone, and if he is satisfied that the Divisional Commissioner or the District Officer or the licensing authority or the Sub Divisional Officer(a)has exercised such powers which are not entrusted to him,(b)has exercised his powers illegally without considering the facts of the case,(c)has failed in use of his powers, he may pass an order which he thinks fit.Part - 7 Miscellaneous
