Section 88 in Rajasthan Public Procurement Rules, 2012
88. Procedure of filing and disposal of appeals.
(1)Procedure for filling memorandum of appeal:-(a)A memorandum of appeal to the First Appellate Authority or Second Appellate Authority, as the case may be, may be presented by the appellant or his authorised representative or an Advocate in person to the office of the concerned Appellate Authority during office hours or may be sent by the appellant by registered post to the office of the concerned Appellate Authority.(b)A memorandum of appeal sent by post under sub-rule (a) shall be deemed to have been presented to the Appellate Authority on the date of its receipt in his office.(2)Date of representation of Appeal:- The Appellate Authority shall endorse on every memorandum of appeal the date on which it has been presented or is deemed to have been presented and shall sign the endorsement.(3)Receipt Slip:- The appellant may attach to and present with his appeal a receipt slip which shall be signed by a person nominated by the Appellate Authority in acknowledgement of the receipt of the appeal.(4)Contents of memorandum of appeal - Every memorandum of appeal shall be in the form No.1 and shall:-(a)state the name and address of the appellant;(b)state the name and address (to the extent known) of the necessary respondents; and(c)set out concisely and under distinct heads the grounds of appeal without any argument or narrative.(5)Signing of memorandum of appeal:- The appellant himself shall sign or put his-thumb impression on the memorandum of appeal.(6)Copies of memorandum of appeal to be presented to the Appellate Authority - The appellant shall submit the following number of copies of the memorandum of appeal to the Appellate Authority -(a)2 copies for the Appellate Authority: and(b)as many copies as there are respondents in the case.(7)What to accompany memorandum of appeal:- Every memorandum of appeal shall be accompanied by:-(a)a certified or a photo-stat copy of the order appealed against of the procuring entity or a statement of a decision, action or omission of the procuring entity in contravention to the provisions of the Act by which the appellant is aggrieved and in case of second appeal, a copy of the order passed by the First Appellate Authority;(b)where the appellant, for reasons beyond his control, is not in a position to furnish a duly certified copy or photo-stat copy of the order under item (i) above or where the appeal is based on a statement of a decision, action or omission of the procuring entity, the appeal shall be accompanied by an affidavit of the appellant to that effect;(c)copy or copies of the documents photo-stat or otherwise on which he whishes to rely along with a list of documents; and(d)proof of having deposited the required fee for filing appeal.(8)Filing of affidavits :- Where a fact as alleged in the appeal or reply thereof cannot be borne out by, or is contrary to the records, it shall be stated clearly and concisely and supported by a duly stamped and attested affidavit.(9)Scrutiny :- on presentation of memorandum of appeal and before initiating any action on it, the Appellate Authority shall have the scrutiny made on the following points:-(a)whether it is within the jurisdiction of the Appellate Authority;(b)whether the appeal is within the period of limitation or whether the appellant has given sufficient cause for not preferring appeal within the limitation period;(c)whether the memorandum is in the prescribed form;(d)whether it bears the signatures or thumb impression of the appellant;(e)whether it is accompanied by a certified or a photo-stat copy of the order against which the appeal has been filed along with the requisite number of copies or an affidavit under item (b) of sub-rule 7;(f)whether affidavits duly sworn, in case a fact cannot be borne out by, or is contrary to the records, accompany the appeal;(g)whether it contains the grounds of appeal and that the any of the grounds contained therein is not one on which an appeal can not lie as per rule 88;(h)whether the necessary parties have been impleaded;(i)whether the proof of depositing requisite fee has been enclosed;(j)any other relevant point affecting the admissibility of appeal.(10)Admissibility of the appeal:- On the basis of the scrutiny referred to in sub-rule 9 the Appellate Authority shall:-(a)admit the appeal against the necessary parties; or(b)permit the appellant to amend the memorandum of appeal or produce necessary document and there after admit the appeal against the necessary parties; or(c)reject the appeal.(11)Hearing in case of rejection :- The Appellate Authority shall hear the appellant or his representative or advocate in case it is proposed not to admit his appeal.(12)Summoning of Respondent and production of record:- On the admission of an appeal, the Appellate Authority shall order the:-(a)issue of summons in form No.2 to the respondents considered as necessary parties by the him;Explanation:- In case any order passed by the Government has been challenged, the summons shall be issued to the secretary to the Government in the department concerned.(b)production within the period laid down by him, of the record considered necessary by the bench for the hearing and disposal of the appeal.(13)What to accompany the summons to respondents:- Along with the copy of the summons to the respondents, the following documents shall be sent to the respondents:-(a)copy of memorandum of appeal;(b)copy of the order appealed against which shall be supplied by the appellant.(14)Service of summons:- Every summon shall be served:-(a)by tendering or delivering a copy of it to -(i)the person summoned; or(ii)his duly authorised representative or advocate; or(iii)in his absence any adult male member of his family usually residing with him; or(b)in case the person summoned cannot be found or refuses to sign the acknowledgment, by affixing a copy thereof to some conspicuous part of his usual or last known place of his residence or publication of the summons in the newspapers, at the cost of the appellant;provided that in any appeal the Appellate Authority may in its discretion send the summons to the respondent by registered post in addition to or in alternative to the mode of service laid down in this rule. An acknowledgement purporting to be signed by the respondent or an endorsement by postal servant that the respondent refused to take the delivery may be deemed by the Appellate Authority to be prima facie proof of service.(15)Reply of respondent:-(a)In the summons issued to the respondent the time allowed for reply shall be stated and the reply shall have to be filed with in the prescribed time, unless reasons for not doing so are accepted by the Appellate Authority, or when the respondent expresses his intention in writing to submit the reply orally at the time of arguments.(b)The respondent shall submit 2 copies of the written reply for the Appellate Authority and one copy for the appellant.(16)Inspection of documents and records:- On application of a party, the Appellate Authority may permit the inspection of records and the document relevant to the case and in the possession of the Appellate Authority.(17)Discovery and production of documents:- On the request of the party the Appellate Authority may require the discovery or production of any document provided it is relevant to the hearing and disposal of the Appeal.(18)Dismissal on non-appearance of appellant:- On the non-appearance of the appellant or his duly authorised representative or advocate, the Appellate Authority may dismiss the appeal or may pass and other orders as it thinks fit.(19)Restoration of appeal:- On sufficient grounds the Appellate Authority may restore an appeal dismissed under sub-rule 18 even without hearing the respondent, provided application for restoration is made within 30 days of the order passed under sub-rule 18. The Appellate Authority may impose such cost, as it thinks fit.(20)ex-parte proceedings against respondent:- If the respondent does not submit the reply within time mentioned in the summons or extended by the Appellate Authority or does not express his intention in writing to argue his case orally at the time of arguments or the respondent or his authorised representative or Advocate does not appear on the day of hearing, the Appellate Authority may proceed ex-parte against him.(21)Review of ex-parte order. - On sufficient grounds the Appellate Authority even without hearing the appellant may rescind its ex-parte order.(22)Summoning of witnesses and payment of their expenses:-(a)At any stage, on the request of a party, or on its own motion, the Appellate Authority may order summoning of witnesses.(b)Where, the witness is a person in the service of the Government of Rajasthan, Central Government or other State Governments, he shall be given a certificate of attendance enabling him to draw travelling allowance as on tour in accordance with the rules applicable to such government servants.(c)(i)In case of an M.P. or M.L.A. he shall be entitled to draw travelling and daily allowance as per rules admissible to him for attending meetings of the committees constituted by the Government.(ii)In case of other non-official witness not covered by sub-rule (22)(b) and (c)(i) above including retired officials, they shall be entitled to travelling allowance and daily allowance as provided in Rajasthan Travelling Allowance Rules;(iii)Where a local witness is summoned by the Appellate Authority, he shall be paid as provided in Rajasthan Travelling Allowance Rules;(d)Where the Appellate Authority orders the payment of expenses under sub-rule 22(c) it shall also pass an order as to whether the expenses are to be borne by the State Government or by any party to the proceedings.(e)The summon to witness shall be issued in form No.3.(23)Adjournment:- Except for the reasons to be recorded in writing, the Appellate Authority shall hear an appeal on day to day basis. On sufficient cause being shown it may grant adjournment subject to such costs or other conditions as are considered appropriate by the Appellate Authority.(24)Appearance before Appellate Authority:- A party may appear before Appellate Authority either personally or through his representative or advocate duly authorised in form No.4.(25)Arguments:- The parties may, either personally or through their authorised representative or advocates submit orally or in writing or in both, their arguments before the Appellate Authority. The appellant shall not except by leave of the Appellate Authority, urge or be heard in support of any ground not set forth in the memorandum of appeal.(26)Order:- The order of the Appellate Authority shall be in writing and shall state the points of determination, its findings thereon and the reasons for these findings in a concise manner. One copy of the order shall be provided free of cost to the appellant.(27)Copies:- On the application of parties, certified copies of the documents or orders shall be supplied to the parties by the Appellate Authority on payment of fees as prescribed in Schedule A. No such fee shall be charged from the Government.(28)Continuation of proceedings after the death of a party:- An appeal shall abate, unless on the death of appellant his legal representative applies for its continuance to the Appellate Authority within a period of thirty days from the date of the death of the appellant. In the event of the death of any respondent, his legal representative, if he so desires, may apply for being impleaded as a party within a period of thirty days for the date of the death of the respondent.(29)Procedure regarding matters not covered by rules:- The Appellate Authority shall follow such procedure as it may think fit on the matters not provided by and not inconsistent with the Act and these rules.(30)Caveat :- Any procuring entity or the State Government may file a caveat with the Appellate Authority in respect of any matter which such party consider likely to be raised before the Appellate Authority and where such a caveat is filed the Appellate Authority shall, before passing any interlocutory order, give an opportunity of being heard to the party which has filed the caveat.
