Section 36 in The Air (Prevention and Control of Pollution) Assam Rules, 1991
36. The form and the manner in which appeal may be preferred, the fees payable and the procedure to be followed by the Appellate Authority.
(1)(a)The Memorandum of Appeal in accordance with sub-section (3) of Section 31 shall be in the Form No. VII.(b)The memorandum of appeal shall be accompanied by a certified copy of the order appealed against.(2)Procedure to be followed by Appellate Authority. - (a) The Appellate Authority shall, as soon as may be, after the memorandum of appeal is filed before it, fix a date of hearing of appeal and give intimation of the same to the appellant and the Member-Secretary in Form No. 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 shall also be called upon to send to the Appellate Authority all the relevant records connected with the matter relating to the appeal.(b)Where the material on record is insufficient to enable the Appellate Authority to come to a definite decision, it may take additional evidence and all for such further material from the appellant or the Member-Secretary, as it deems fit, such material shall form part of the record.(c)Where on the date fixed for hearing or on 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.(d)Where an appeal is dismissed under Clause (c) the appellant may, within thirty 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 appellant had not received intimation of the date of : earing of the appeal or was prevented by any cause, sufficient in the opinion of I he Appellate Authority, from appearing when the appeal was called for hearing, he Appellate Authority may restore the appeal on such terms as it may think fit.(3)Order to be in writing. - The order passed by the Appellate Authority on the appeal shall be in writing and state clearly the points before it for determination, the decision thereon, and the reasons for the decision.(4)Supply of copy of order to the Appellant and Board. - 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 be sent to the Member-Secretary.
