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State of Odisha - Section

Section 14 in The Orissa Air (Prevention and Control of Pollution) Rules, 1983

14. Produce to be followed by the Appellate Authority in dealing with and disposal of the appeal etc.

(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 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 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 he deems fit. Such material shall form part of the record, but not before the party other than that from whom such record has been received, has been given an opportunity to pursue such record, itself against anything contained therein which is detrimental to the interest of that party.
(3)Where on the date fixed for hearing or on the date to which the hearing of the appeal is 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 15 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 thereof 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 copy thereof shall also be sent to the Member-Secretary.]
(7)[ The fees payable under Sub-section (3) of Section 31 shall be as follows :] [Added vide O.G.E.No. 1117, dated 1.9.1998.]
A. In case of Industries  
(a) Large scale industries having capital investment of Rs. 5.00crores or above Rs. 3,000
(b) Medium scale industries having capital investment of Rs. 1.00crore or above, but below Rs. 5.00 crores Rs. 1,500
(c) Medium scale industries with capital investment below Rs. 1.00crore Rs. 1,000
(d) Small scale industries with capital investment of above Rs.10.00 lakhs Rs. 500
(e) Small scale industries with capital investment of Rs. 2.00lakhs, but below Rs. 10.00 lakhs Rs. 250
(f) Small scale industries with capital investment of Rs. 2.00lakhs or below Rs. 100
B. In case of Local Bodies  
(a) Municipalities/Corporation having a population of more than 10lakhs Rs. 5,000
(b) Municipalities/Corporation having a population of more than 5lakhs but less than 10 lakhs Rs. 2,500
(c) Municipalities/NACs having a population of more than 1 lakhbut less than 5 lakhs Rs. 1,000
(d) Municipalities/NACs having a population up to 1 lakh and anyother local bodies such as Notified Area Authority Rs. 250]
Chapter -XIII