Section 36 in The U.P. Air (Prevention and Control of Pollution) Rules, 1983
36. Procedure to the followed by the Appellate Authority.
(1)The Appellate Authority shall fix a date for hearing of the appeal and give intimation to the appellant and to the Member-Secretary to Form VIII. A copy of the Memorandum of Appeal together with its enclosure shall also be sent to the Member-Secretary along with the intimation and he shall be called upon to send to the Appellate Authority all the relevant records connected with the matter relating to the appeal.(2)Where the material on record is insufficient to enable the Appellate Authority to come on definite decision, it may take additional evidence and call for such further material from the appellant or the Member-Secretary as it may deem fit so, however, that such material shall not form part of the record, unless the party, other than that from whom such record has been received has been given an opportunity to pursue such record and such other party shall also be given an opportunity to produce relevant evidence in rebuttal in respect of any thing contained in the said material which is detrimental to the interests of that party.(3)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 appear when the appeal is called for hearing, the appeal shall be liable to be dismissed.(4)Where an appeal is dismissed under sub-rule (3) 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 sufficient cause, from appearing when the appeal was called for hearing, the appellate authority may re- admit the appeal on such terms as to costs or otherwise as it thinks fit.(5)The order passed by the appellate authority on the appeal shall be in writing and shall state clear by the points before it for determination, the decision thereon and the reasons for the decision.(6)A copy of the order passed in appeal shall be supplied by the appellate authority free of cost to the appellant and a copy thereof shall also be sent to the Member-Secretary.
