Standards of Weights and Measures Act, 1976
81. Appeals. -
(1) Subject to
the provisions of sub-section (2), any person aggrieved by an order made under
Sec. 30 or Sec. 36 may prefer an appeal against such order to the Director, or where
the order has been made by the Director, to the Central Government.
(2) Every such appeal
shall be preferred within sixty days from the date on which the impugned order
was made:
Provided that the Appellate Authority
may, if it is satisfied that the appellant was prevented by sufficient cause
from preferring the appeal within the said period of sixty days, permit the
appellant to prefer the appeal within a further period of sixty days.
(3) 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 enquiry as
it deems proper make such order, as it may think fit, confirming, modifying or
reversing the order appealed against or may send back the case with such
direction as it may think fit for a fresh order after taking additional
evidence, if necessary.
(4) Every appeal shall
be preferred on payment of such fee, as may be prescribed.
(5) The Central Government
may, on its own motion or otherwise, call for and examine the record of any
proceeding (including a proceeding in appeal) in which any decision or order
has been made, for the purpose of satisfying itself as to the correctness,
legality or propriety of such decision or order and may pass such order thereon
as it may think fit:
Provided that no decision or
order shall be varied under this sub-section so as to prejudicially affect any
person unless such person has been given a reasonable opportunity of showing
cause against the- proposed action