(1)An appeal presented under section 107 shall lie to the Chief Inspector, or in cases where the order appealed against is an order passed by that officer, to the State Government or to such authority as the State Government may appoint in this behalf and shall be in the form of a memorandum setting forth concisely the grounds of objection to the order and bearing court fees stamp in accordance with Article 11 of Schedule II to the Court Fees Act, 1870, and shall be accompanied by a copy of the order appealed against.(2)Appointment of assessors.-On receipt of the memorandum of appeal the appellate authority shall, if it thinks fit or if the appellant has requested that the appeal should be heard with the aid of assessors, call upon the body declared under sub-rule (3) to be representatives of the industry concerned, to appoint an assessor within a period of 14 days. If an assessor is nominated by such body, the appellate authority shall appoint a second assessor itself. It shall then fix a date for the hearing of the appeal and shall give due notice of such date to the appellant and to the Inspectors whose order is appealed against, and shall call upon the two assessors to appear upon such date to assist in the hearing of the appeal.(3)The appellant shall state in the memorandum presented under sub-rule (1) whether he is a member of one or more of the following bodies-(1)The Bihar Chamber of Commerce.(2)The Bihar Sugar Mills Association.(3)The Bihar Industries Association.(4)The Engineering Association of India.The body empowered to appoint the assessor shall-(a)if the appellant is a member of one of such bodies, be that body;(b)if he is a member of two such bodies, be the body which the appellant desires should appoint such assessor; and(c)if the appellant is not a member of the aforesaid bodies, or if he does not state in the memorandum which of such bodies he desires should appoint the assessor, be the body which the appellate body considers as the best fitted to represent the industry concerned.(4)Remuneration of assessors.-An assessor appointed in accordance with the provisions of sub-rules (2) and (3) shall receive for the hearing of the appeal, also to be fixed by the State Government, subject to a maximum of fifty rupees per diem. He shall also receive the actual travelling expenses. The fees and travelling expenses shall be paid to the assessor by Government; but where assessors have been appointed at the request of the appellant and the appeal has been decided wholly or partly against him, the State Government may direct that the fees and travelling expenses of the assessor shall be paid in whole or in part by the appellant.
