- Limitation for filing appeal:
Every appeal under section 70 of the Act, arising out of a decision of the Adjudicating Officer appointed under section 68 of the Act, shall be filed within a period of 30 days from the date on which the copy of the order against which the appeal is filed, is received by the appellant. Provided however that the Appellate Tribunal may allow a maximum of another 30 days to entertain an appeal if it is satisfied that there was sufficient cause for not filing the appeal within first 30 days. - Form and procedure of appeal
- A memorandum of appeal shall be presented in Form X by any aggrieved person in the registry of the Appellate Tribunal or shall be sent by registered post addressed to the Registrar.
- A memorandum of appeal sent by post shall be deemed to have been presented in the registry on the day it is received in the registry.
- Contents of Memorandum of Appeal
- Every Memorandum of Appeal filed under Rule 3.3.1 (2) shall set forth concisely under distinct heads, the grounds of such appeal and such grounds shall be numbered consecutively.
- It shall not be necessary to present separate memorandum of appeal to seek interim order or direction, if the same is prayed for in the Memorandum of Appeal.
- Manner of presentation of appeal or application or petition
- Every appeal or petition or application presented to the Appellate Tribunal shall be in English or the local language of the state and shall be fairly and legibly type written or printed, in double spacing on one side of standard petition paper, duly paginated, indexed and stitched together in paper book form.
- Appeal or petition or application shall be divided into paragraphs and shall be numbered consecutively.
- Initialing alteration
Every interlineations erasing or correction or deletion in any appeal or petition or application filed before the Appellate Tribunal shall be initialed by the party or his authorized agent in writing or the party’s advocate presenting the same. - Presentation of appeal, petition or application
- Every appeal, petition or application shall be presented in triplicate by the appellant or the petitioner or the applicant, as the case may be, in person or by his duly authorized agent in writing or by an advocate duly appointed in this behalf and shall be accompanied, wherever applicable, with the stipulated fee.
- Every appeal shall be accompanied by the certified copy of the impugned order.
- Scrutiny of memorandum of appeal
- The Registrar shall endorse on every appeal the date on which it is presented under Rule 3.3.1 or deemed to have been presented under that rule and shall sign endorsement.
- If on scrutiny, the appeal is found to be in order, it shall be duly registered and given a serial number.
- If on scrutiny, the appeal or petition or application is found to be defective, the same shall, after notice to the party, be returned for compliance and if within 21 days of receipt of such notice or within such extended time as may be granted by the Registrar, the defect is not rectified, the Registrar, may, for reasons to be recorded in writing, decline to register the appeal or petition or application.
- Ex-parte amendments
- In every appeal or petition or application, arithmetical, grammatical, clerical and such other errors may be rectified on the orders of the Registrar under notice to the parties.
- Service of appeal on the respondent
A copy of the Memorandum of Appeal and the paper book shall be served by the Registrar on the Respondent as soon as they are registered in the registry, by hand delivery or by Registered post or speed post. - Calling for records
On the admission of the appeal or the application or petition, the Registrar shall, if so directed by the Appellate Tribunal, call for the records relating to the proceedings from the respective Adjudicating Officer and re-transmit the same at the conclusion of the proceedings or thereafter. - Reply to the appeal by the Respondent
- Respondent may, within 30 days of service of notice of appeal file with the registry three complete sets containing reply to the appeal along with the documents in a paper book form.
- A copy of every reply and a copy of every document/material annexed to the reply, relied on by the Respondent, shall be served on the appellant by the respondent.
- Fee
- Every Memorandum of appeal shall be accompanied with a fee provided in sub-rule (ii) and such fee shall be remitted in the form of crossed demand draft drawn on a nationalized bank in favour of “Registrar, Food Safety Appellate Tribunal” payable at the station where the Appellate Tribunal is located.
- The amount of fee payable in respect of appeal against adjudication orders passed under section 68 of the Act shall be as follows:
Sl No. Amount of penalty imposed Amount of fee payable 1. Less than Rupees10,000/- Rs. 500/- 2. Rupees Ten thousand or more but less than Rs. 1,500/- Rupees One lakh 3. Rupees One lakh or more Rs.1500/- plus Rupees 500/- for every additional one lakh of penalty or fraction thereof subject to a maximum of Rs.5,000/-
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