Section 101 in The West Bengal Factories Rules, 1958
101. Procedure in appeals.
- [(1) An appeal presented under section 107 shall be with Chief Inspector, or in case where the order appealed against is an order passed by that officer, with the State Govt. or with such authority as the State Government may appoint in this behalf and shall be in the form of memorandum setting forth concisely the ground of objection to the order and bearing court-fee stamps in accordance with Article 11 of Schedule II to the Court-fee Act. 1870. and shall be accompanied by a copy of the order appealed against.] [Substituted by West Bengal Factories (Amendment) Rules, 1991.](2)On receipt of the memorandum of appeal, the appellate authority shall, if the appellant has requested that the appeal should be heard with aid of assessors, call upon the appellant to deposit an amount to be fixed by him for payment to the assessors, if necessary, after conclusion of the appeal.(3)On receipt of the memorandum of appeal, the appellate authority shall, if it thinks fit or if the appellant has requested that the appeal should be heard with the aid of assessors, call upon the registered association of employers declared under sub-rule (40 to be representative of the industry concerned, to appoint an assessor within a period of 14 days. If an assessor is nominated by such association, the appellate authority shall appoint a second assessor itself. It shall then fix a date for the hearing of the appeal and shall give due notice of such date to the appellant and to the Inspector whose order is appealed against, and shall call upon the two assessors to appear upon such date to assist in the hearing of the appeal.(4)If in the memorandum of appeal the appellant has requested that the appeal should be heard with the aid of assessors he shall state in the memorandum the name or names of registered associations of employers of which he is a member.(5)The association entitles to appoint the assessor within meaning of section 107 (2) of the Factories Act, 1948, shall be determined as hereinafter stated:-(a)If the appellant is a member of one such association it shall be that association.(b)If he is member of more than one such associations it shall be the association which the appellant desires should appoint the assessor.(c)If the appellant does not state in the memorandum that he is a member of any association mentioned under sub-rule (4) or if he does state which of (such associations, if he is a member of) more than one, he desires should appoint the assessor, then the appellate authority shall call upon the association which it considers be the best fitted to represent the industry and to appoint the assessor.(6)An assessor appointed in accordance with provisions of sub-rules (3) and (5) shall receive, for the hearing of the appeal a fee to be fixed by the appellate authority, subject in a maximum of fifty rupees per diem. He shall also receive the actual travelling expenses. The fees and travelling expenses shall be paid to the assessors by Government; but where assessors have been appointed at the request of the appellant and the appeal has been decided wholly or partly against him the appellate authority shall direct that the fees and travelling expenses of the assessors shall be paid in whole or in part by the appellant out of the money deposited under sub-rule (2), and the balance of the deposit, if any. refunded to the appellant.Rule prescribed under sub-section (1) of section 108.
