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[Cites 0, Cited by 0] [Section 23] [Entire Act]

State of Haryana - Subsection

Section 23(3) in Haryana (Prevention and Control of Water Pollution) Rules, 1978

(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.