Section 23 in Haryana (Prevention and Control of Water Pollution) Rules, 1978
23. Appellate Authority Section 28.
- [(1) The Appellate Authority shall consist of either a single person or three persons appointed by the State Government, -(A)(i)in case of single person authority, the Appellate Authority shall consist of, either retired District and Session Judge or Administrative Secretary of Environment and Climate Change Department or a member of All India Services who is or has been in the service of Central or any State Government of the rank and equivalence of Principal Secretary and has experience in administering instructions dealing with matters related to the environment; or(ii)in case of three persons, the Appellate Authority shall consist of one of the persons, indicated at (i) above, who shall be designated as President of the Appellate Authority; and any two persons from the following category shall be appointed by the Government as Members, -(a)Scientist having experience of fifteen years in the field of Environment Management equivalent to the status of group A services;(b)Professional/Expert at least in the rank of Professor from the Department of Environment of a reputed university;(c)Secretary/Director level of All India Services officer;(d)Serving/Retired Engineer of not below the level of Superintending Engineer;(e)Serving/retired Additional Director from Prosecution Department, Haryana;(f)Retired District/Additional District and Session Judge;(g)Administrative Secretary/Secretary of Forest or Irrigation Department.In case, the President is a non-judicial person, in that case one of the two members shall be from judicial/prosecution side.(B)The President of the authority shall be paid with an honorarium of one lakh rupees per month and members shall be paid fifty thousand rupees per month by the Government and the Government shall pay the travelling allowances of the Appellate Authority, at such rates as are admissible to Grade I officer of the Government.(C)The term for President and Members of the Appellate Authority shall be for a period of two years.(D)The President and/or members of the Appellate Authority may hold office till sixty-seven years of age.](2)A memorandum of appeal shall be in form 'D' and the same shall be presented to the President of the appellate authority either personally or through registered post duly signed by the appellate or by his duly authorized agent.(3)(i)The Appellate Authority shall as soon as may be after the memorandum of appeal is filed, fix a date for hearing of the appeal and give intimation of the same to the appellant and the Member Secretary in such manner as it deems fit. A copy of the memorandum of appeal along with its enclosures shall be sent to the Member-Secretary.(ii)The appellate authority shall call for the record of the case from the Member-Secretary, if necessary.(iii)Where the material on record is insufficient to enable the appellate authority to arrive at a definite conclusion it may take additional evidence and/or call for such further material from the appellate or the Member-Secretary as it thinks fit. Such material shall form part of the record.(iv)If, on the date fixed for hearing or on any date to which hearing of the appeal may be adjourned, the appellant or his duly authorized agent does not appear when the appeal is called for hearing, the appeal may be either dismissed or decided ex parte [and in such a case the ex parte order so passed shall be conveyed to the party immediately thereafter, by registered post] [Inserted vide Notification No. G.S.R. 44/C.A.6/74/S.64/86, the 30th May 1986.].(v)Where, an appeal is dismissed under sub-rule (iv) above 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 sufficient cause from appearing when the appeal was called for hearing, the appellate authority may restore the appeal on such terms and conditions as it thinks fit.(4)(i)The order of the appellate authority shall be writing and shall state the points for the determination, of the decision thereon as also the reasons on which the decision is based.(ii)Copy of the order passed on appeal shall be supplied free of cost to the appellant. Copy of the order shall also be sent to the Member-Secretary.(5)[ The fee payable for filing an appeal under section 28 of the Act shall be as decided by the Government from time to time. This fee shall be deposited with the Environment and Climate Change Department of the Government of Haryana before filing the appeal.(6)The Head Quarter of the Appellate Authority shall be either Panchkula or Chandigarh, as decided by the Government. The Government shall also make the arrangements of the sitting, conducting and functioning of the Appellate Authority and other secretarial services.] [Substituted by Notification No. S.O. 80/C.A. 6/1974/S. 64/2019, dated 20.11.2019 (w.e.f. 22.12.1978).]
