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Union of India - Section

Section 3B in Aircraft Rules, 1937

3B. [ Appeals. [Substituted by Notification No. G.S.R. 327(E), dated 13.5.2021 (w.e.f. 23.3.1937).]

(1)
(i)Any person, aggrieved by an order passed by an officer in exercise of the powers conferred on him by these rules, may prefer an appeal, to an appellate officer having jurisdiction in the matter and is next higher in rank to the officer who has passed such order, within a period of thirty days from the date on which the copy of the said order is received by him.
(ii)The appellate officer may after giving the parties to the appeal, an opportunity of being heard, pass such order as he thinks fit, confirming, modifying or setting aside the order appealed against.
(2)
(i)Where any person is aggrieved by an order passed by an appellate officer under sub-rule (1), he may further prefer an appeal against such order, before the officer next senior to the appellate officer and having jurisdiction in the matter, within a period of thirty days from the date on which the copy of the said order is received by him.
(ii)The officer next senior to the appellate officer as referred to in sub-clause (i), may after giving the parties to the appeal, an opportunity of being heard, pass such order as he thinks fit, confirming, modifying or setting aside the order appealed against.
(3)Notwithstanding anything contained in sub-rules (1) and (2), -
(i)in case of an order passed by the Director-General, the appeal shall lie to the Secretary to the Government of India in the Ministry dealing with the Civil Aviation matters and no further appeal shall lie against such order of the said Secretary.
(ii)no further appeal shall lie against the order imposing penalty, passed by the appellate officer, under the provisions of section 10A of the Aircraft Act, 1934 and rule 162 of these rules.
(iii)an order issued under section 5A of the Aircraft Act, 1934 shall not be appealable under this rule.]