Section 19A in The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996
19A. [ The manner for filing and disposal of the appeal under clause (i) and (ii) of section 21 of the Act. [Inserted by Notification No. G.S.R. 492 (E), dated 22.5.2017 (w.e.f. 1.1.1996).]
(1)(a)The Central Government may, by notification in the Official Gazette, appoint a Central Appellate Authority for each of the Union territories, for the purpose of hearing appeal against the order of the Central Appropriate Authority or the Union territory Appropriate Authority.(b)The Central Appellate Authority shall consist of an officer not below the rank of the Union territory Appropriate Authority.(2)(a)The State Government may, by notification in the Official Gazette, appoint a State Appellate Authority for the whole State, for the purpose of appeal against the order of State Appropriate Authority.(b)The State Appellate Authority shall consist of the Principal Secretary, Health and Family Welfare or an officer not below the rank of the State Appropriate Authority as notified by the State Government.(3)(a)An appeal against the order of suspension or cancellation of registration passed by the Central Appropriate Authority or the Union territory Appropriate Authority shall lie with the Central Appellate Authority .(b)An appeal against the order of suspension or cancellation of registration passed by the State Appropriate Authority shall lie with the State Appellate Authority appointed by the State Government.(4)An appeal to the Central Appellate Authority or the State Appellate Authority shall -(a)be made in the form of a memorandum of appeal specified in Form I;(b)be accompanied by an Affidavit explaining the facts of the case, specified in form J and(c)contain an index, synopsis and list of documents as specified in Appendix -A .(5)Every appeal before the Central Appellate Authority or the State Appellate Authority shall be supported by the following documents, namely:-(a)self certified copies of orders or documents against which appeal is being preferred;(b)copies of documents relied upon by the appellant;(c)index to the appeal; and(d)synopsis containing particulars of events and list of documents.(6)Every appeal shall be filed within a period of thirty days of the date of receipt of the order against which the appeal is preferred:Provided that the Central Appellate Authority or the State Appellate Authority may allow the appeal after the period of thirty days, if there is a sufficient cause for not filing the appeal within the said period.(7)The Central Appellate Authority or the State Appellate Authority shall issue notice to the respondent, which shall be served in any of the following modes, namely:-(a)service by the appellant; or(b)by hand delivery (dasti); or(c)by registered post with acknowledgement due; or(d)by electronic mail or fax.(8)(a)The Central or the State Appellate Authority shall hear the parties on receipt of the appeal and shall intimate the date of hearing which shall be seven days before the date of hearing, by email or courier at the address mentioned in the appeal.(b)The appellant may present in person or through his duly authorised legal representative, at the time of hearing of the appeal.(c)If the appellant fails to appear before the Central Appellate Authority or the State Appellate Authority on the specific date, the appeal may be dismissed for default:(d)The Central Appellate Authority or the State Appellate Authority may, if sufficient cause is shown, at any stage of appeal, grant time to the parties or to any of them and may from time to time adjourn the hearing of the appeal for reasons to be recorded in writing.Provided that more than three adjournments shall not be given to the appellant.(e)The Appeal shall be disposed of within a period of sixty days from the date of filing of the appeal.(9)The Central Appellate Authority or the State Appellate Authority shall dispose of the appeal by passing a speaking order in writing and issue under the seal of the Central Appellate Authority or the State Appellate Authority duly authenticated by the officer authorised by the Central Appellate Authority or the State Appellate Authority for this purpose within a period of sixty days from the date of receipt of the appeal].
