Procedure for hearing of appeal

  1. Procedure for hearing the appeal.-(I) Memorandum shall be presented by the
    appellant or his agent to the National Commission in person or be sent by registered post
    addressed to the Commission.
    (2) Every memorandum filed under sub-rule (1) shall be in legible handwriting preferably
    typed and shall set forth concisely under distinct heads, the grounds of appeal without any
    argument or narrative and such grounds shall be numbered consecutively.
    (3) Each memorandum shall be accompanied by a certified copy of the order of the State
    Commission appealed against and such of the documents as may be required to support grounds
    of objection mentioned in the memorandum.
    (4) When the appeal is presented after the expiry of the period of limitation as specified
    in the Act, the memorandum shall be accompanied by an application supported by an affidavit
    setting forth the facts on which the appellant relies to satisfy the National Commission that he
    has sufficient cause for not preferring the appeal within the period of limitation.
    (5) The appellant shall submit six copies of the memorandum to the Commission for
    official purpose.
    (6) On the date of hearing or on any other day to which hearing may be adjourned, it shall
    be obligatory for the parties or their agents to appear before the National Commission. If
    appellant or his agent fails to appear on such date, the National Commission may in its discretion
    either dismiss the appeal or decide ex-parte on merits. If the respondent or his agent fails to
    appear on such date, the National Commission shall proceedex-parte and shall decide the appeal
    on merits of the case.
    (7) The appellant shall not, except by leave of the National Commission, urge or be heard
    in support of any ground of objection not set forth in the memorandum but the National
    Commission. in deciding the appeal, may not confine to the grounds of objection set forth in the
    memorandum:
    Provided that the Commission shall not rest its decision on any other ground other than
    those specified in the memorandum unless the party who may be affected thereby, has been
    given, an opportunity of being heard by the National Commission.
    (8) The National Commission, on such terms as it may think fit and at any stage, adjourn
    the hearing of the appeal, but not more than one adjournment shall ordinarily be given and the
    appeal should be decided as far as possible, within 90 days from the first date of hearing.
    1[(9) The order of the National Commission shall be communicated to the parties
    concerned free of cost].

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