Maharashtra Excise Manual
Page 1098 of 1109

CHAPTER XVII

CHAPTER XVII

APPEALS AND REVISIONS

THE BOMBAY PROHIBITION (APPEAL) RULES, 1953

GN., R.D. No. 8216/51, dated 1st June 1953 (B.G, Pt IV-B, p. 1304)

In exercise of the powers conferred by section 143, read with section 137, of the Bombay Prohibition Act, 1949 (Bom XXV of 1949), the Government of Bombay is pleased to make the following rules, namely;-

1. Short title.

These Rules may be called the Bombay Prohibition (Appeal) Rules, 1953.

2. Form and contents of appeals.

  1. Every appeal under section 137 of the Act shall be made in the form of a petition addressed to the authority to whom the appeal lies, and shall be drawn up in concise and intelligible language; and shall bear the signature or mark of the appellant or of his duly authorised agent and shall also bear the court fee stamp of the requisite amount fixed under the Court fees Act, 1870.

  2. The petition of appeal shall contain the following particulars:

    1. the name father's name, occupation and place of residence or address of the appellant;
    2. the name and address of the writer of the petition;
    3. the date of the order appealed against;
    4. a brief and precise statement of the facts; and
    5. the grounds of objection to the order appealed against.

  3. The petition shall be accompanied by the order appealed against in original or an authenticated copy there of unless the omission to produce such order or its copy, as the case may be, is explained at the time of the presentation of the petition of appeal to the satisfaction of the appellate authority.

3. Presentation.

The petition of appeal shall either be presented to the appellate authority by the appellant or his agent or be forwarded to such authority by registered post.

4. Rejection of appeals.

  1. If the petition of appeal does not comply with the requirements of rules 2 and 3, it may, summarily be rejected:

    Provided that no appeal shall be rejected under this sub-rule unless the appellant is given such opportunity; as the appellate authority thinks fit, so as to enable him to comply with the requirements of the said rules.

  2. An appeal may also be rejected on other grounds which shall be reduced to writing by the appellate authority;

    Provided that before an order rejecting an appeal under this sub-rule is passed, the appellant shall be given a reasonable opportunity of being heard.

5. Date of hearings.

  1. If the appellate authority does not reject the appeal under rule 4, it shall fix a date for hearing the appellant or his agent.

  2. The appellate authority may at any stage adjourn the hearing of an appeal to any other date.

  3. If on the date fixed for hearing or any other date to which the hearing may be adjourned, the appellant does not appear before the said authority either in person or through an agent, the said authority may dismiss the appeal or may decide it exparte as it thinks fit.