Procedure for hearing of appeal
- 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
(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
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].