Section 17 in The Punjab State Board for the Prevention and Control of Air Pollution Rules, 1983
17. Procedure to be followed by the Appellate Authority in dealing with and disposal or the Appeal.
(1)The Appeal 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 appellant and the Member-Secretary in Form 7. While giving such intimation to the Member Secretary, a copy of the Memorandum of 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.(2)Where the material on record is sufficient to enable the Appeal Authority to come to a definite decision, it may take an additional evidence and call for such further material from the appellant or the Member-Secretary as it deems fit. Such material shall from part or the record only after the party other than that from whom such record has been received, has been given an opportunity to peruse such record.(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 thirty 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 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.
