Section 14 in The Rajasthan Air (Prevention and Control of Pollution) Rules, 1983
14. Memorandum of Appeal.
(1)Any person aggrieved by an order made by the State Board under Sections 20, 21 or 22 may file an appeal to the Appellate Authority constituted by the State Government in Form VI.(2)The fee payable for an appeal shall be Rs. 50/- which shall be deposited in the office of the Appellate Authority and an authenticated copy of the receipt obtained shall be annexed to the memorandum of appeal.(3)Every appeal shall:-(i)be in writing;(ii)specify the name and address of the appellant and date of the order appealed against;(iii)specify date on which the order against was communicated to the appellant;(iv)contain a clear statement of facts of the case and grounds relied upon by the aggrieved person in support of the appeal;(v)state precisely the relief prayed for; and(vi)be signed and verified by the appellant or an agent duly authorised by the appellant in writing in this behalf.(4)Every appeal shall be accompanied by :-(a)an authenticated copy of the order against which appeal is preferred;(b)any document relevant to the appeal; and(c)a satisfactory proof of the payment of the fee prescribed under sub-rule (2).(5)Every memorandum of appeal shall be submitted in quadruplicate in the office of the Appellate Authority and shall either be presented by the appellant or his authorised agent in person or sent to the office of Appellate Authority by registered post. When the memorandum of appeal is presented by an agent duly authorised by the appellant, it shall be accompanied by a power of attorney.(6)On receipt of the memorandum of appeal, the Appellate Authority shall endorse thereon the date of its presentation or receipt by post and the name of the appellant or his duly authorised agent presenting it as the case may be.(7)The Appellate Authority shall, as soon as may be after the memorandum of appeal is filed before it, fix a date for hearing the appeal and give intimation of the same to the appellant and the Member-Secretary of the State Board in Form VII. While giving such intimation to the Member-Secretary a copy of the memorandum of the appeal together with its enclosures shall also be sent to the Member-Secretary and he shall be called upon to send to the Appellate Authority all the relevant records connected with the matter relating to the appeal.(8)Where on the date fixed for hearing or on 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 liable to be dismissed or may be decided ex parte.(9)Where an appeal is dismissed under sub-rule (8) the appellant may, within 30 days from the date of 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.(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 the reasons for the same.(11)A copy of the order passed in appeal shall be supplied by the Appellate Authority, free of cost to the appellant as well as to the Member-Secretary.Chapter - XII Maintenance of Register
