Section 25 in Haryana Air (Prevention and Control of Pollution) Rules, 1983
25. Procedure to be followed for disposal of the appeals, section 31(3).
(1)The appellate authority shall as soon as may be after the memorandum of appeal is filed before it, fix a date for hearing of the appeal and give intimation of the same to the appellant and the Member-Secretary in form VIII. While giving such intimation to the Member -Secretary, a copy of the memorandum of appeal together its enclosures, he shall also 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 to a 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. Such material shall form part of the record , but not before, the party other than from whom such record has been received has been given an opportunity to persue such record, itself against anything contained therein 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 authorized 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 cause, sufficient in the opinion of the Appellate Authority, from appearing when the appeal was called for hearing, the Appellate Authority may restore the appeal on such terms as it thinks fit.(5)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 the reasons for the decision.(6)A copy of the order passed in a 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.(7)[ The fee payable for filling an appeal under section 31 shall be as decided by the Government from time to time. This fee shall be deposited with the Board before filling the appeal] [Substituted vide Notification No. S.O.242/C.A.14/1981/S.54/99 the 24th November, 1999]. [Each member of the appellant authority shall be paid an honorarium per case or fixed honorarium, as decided by the Government from time to time] [Substituted vide Notification No. S.O.26/C.A.14/1981/S.54/2011 the 25th February, 2011].
