Section 34 in The Meghalaya Air (Prevention and Control of Pollution) Rules, 1988
34. The form and the manner in which appeal may be preferred, the fees payable and the procedure to be followed by the Appellate Authority.
(1)Every appeal against an order made by the Board under the Act shall be in Form VII.(2)The fee payable for an appeal shall be Rs. 500 (Rupees five hundred) only.(3)Every appeal shall be filed in quadruplicate and shall be accompanied by-(i)authenticated copy of the order appealed against, and(ii)a challan receipt for Rs. 500 (Rupees five hundred) only evidencing payment of fee for the appeal.(4)The appeal shall be presented either personally or by duly authorised agent or by registered post to the Appellate Authority.(5)On receipt of the appeal, the Appellate Authority shall endorse thereon the date of its presentation or receipt by post and the name of the appellate or his duly authorised agent presenting it, as the case may be.(6)The Appellate Authority shall, as soon as may be after the appeal is filed before it, fix a date for hearing of the appeal and give notice of the same to the appellant and to the Member-Secretary in Form VIII. Along with the notice, copies of the appeal and its enclosures shall be forwarded to the Member-Secretary.(7)Where the material on record is insufficient to enable the Appellate Authority to come to a decision on the appeal, the Appellate Authority may call for such further materials as may be necessary to take a decision in the matter from the persons concerned.(8)Where on the date fixed for hearing or any date to which the hearing of the appeal may be adjourned, the appellant or his duly authorised agent does not appeal when the appeal is called for hearing, the appeal shall be liable to be dismissed.(9)Where as appeal in dismissed under sub-rule (6), the appellant may, within 30 days from the dismissal of the appeal, apply to the Appellate Authority for the restoration of the appeal and if it is shown to the satisfaction of the Appellate Authority that the appellant had not received intimation of the date of hearing of the appeal or was prevented by any came sufficient in the opinion of the Appellate Authority from appearing when the appeal was called for hearing, the Appellate Authority may restore appeal to file and proceed with the appeal.(10)The order passed by the Appellate Authority on the appeal shall be in writing and shall state clearly the points before it for determination, the decision thereon, and reasons for arriving at such decision.(11)A copy of the order passed in appeal shall be supplied by the Appellate Authority to the appellant and to Member-Secretary free of cost.
