Appeal by Company Under Legal Metrology

Appeal by Company Under Legal Metrology

Subject to the provision of an act the appeal shall lie from every decision or order under sections 15 to 20, section 22, section 25, section 27 to 39, section 41 or any rule made thereunder by a legal metrology officer appointed under section 13 to the director.

From every decision or order made by the director of legal metrology under section 15 to 20, section 22, section 25, section 27 to 39, section 41 or any rule made there under subsection three of section 52, to the central government or any officer specifically authorised in this behalf by the government.

From every decision given by the controller of legal metrology under delegated powers of the director of legal metrology to the central government. (Read also: What Does Premises of Company/ Business Mean in Legal Metrology?)

From every decision given or order made under section 15 to 18, section 23 to 25, section 27 to 37, section 45 to 47 or any rule made there under subsection three of section 52 by any legal metrology officer appointed under section 14, to the controller

From every decision given or order made by the controller under section 15 to 18, section 23 to 25, section 27 to 37, section 45 to 47, or any rule made there under subsection three of section 52 not being an order made an appeal under clause D to the state government or any officer is specially authorised in this behalf by that government.

Every such appeal shall be preferred within 60 days from the date on which the imposed order was made.

However, the appellate authority may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the set period of 60 days, permit the appeal to prefer the appeal within a further period of 60 days. (Read Also: Offences by Companies Under Legal Metrology)

On receipt of any such appeal, the appellate authority shall after giving the parties to the appeal, a reasonable opportunity of being heard, and after making such inquiry as it deems proper, make such order as it may think fit, confirming, modifying, or reversing the decision or order appealed against or may send back the case with such direction as it may think fit for a fresh decision or order after taking additional evidence if necessary.

Every appeal shall be preferred on payment of such fees as may be prescribed under the act.

Read Related Blog: Penalty and Delegation of Power Under Legal Metrology


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