Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com BOMBAY DRUGS (CONTROL) (GUJARAT) APPEAL RULES, 1961 CONTENTS 1. Short title 2. Form and contents of Appeals 3. Presentation 4. Rejection of appeals 5. Date of hearing 6. Notice to person likely to be affected adversely 7. Supply of copy of order to appellant and officer concerned BOMBAY DRUGS (CONTROL) (GUJARAT) APPEAL RULES, 1961 BOMBAY DRUGS (CONTROL) (GUJARAT) APPEAL RULES, 1961 1. Short title :- These Rules may be called the Bombay Drugs (Control) (Gujarat) Appeal Rules, 1961. 2. Form and contents of Appeals :- (1) Every appeal under s.32 of the Bombay Drugs (Control) Act, 1959 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 his duly authorised agent and shall also bear the court fee stamp of the requisite amount fixed under the Bombay Court Fees Act, 1959. (2) The petition of appeal shall contain the following particulars:- (i) the name, father's name, occupation and place of residence or address of the Appellant: (ii) the name and address of the writer of the petition: (iii) the date of the order appealed against: (iv) a brief and precis statement of the facts and: (v) the grounds of objections to the order appealed against. (3) The petition shall be accompanied by the order appealed against in original or an authenticated copy thereof, 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 rule 2 and Rule 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 appellant 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 hearing :- (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 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 ex-parte as thinks fit. 6. Notice to person likely to be affected adversely :- Before an appellate authority passes any order In appeal, likely to affect any person adversely, it shall send to such person a notice and give such person a reasonable opportunity of being heard. 7. Supply of copy of order to appellant and officer concerned :- A copy of the order passed in appeal shall be supplied free of cost to the appellant or the person affected thereby and another copy shall be sent to the officer whose order forms the subject matter of the appeal.