Bare ActsThe Kerala (Scheduled Castes and Scheduled Tribes )Regulation of Issue Of Community Certificates Act,1996

Section 12

Appeal and revzew

Amendment status not verified — confirm the current text below against the official source.

Appeal and revzew.-(1) Any person aggnc"ved by an o1dcr passed under sub-section (I) of section 5 by the Competent Authonty reJectmg an apphcat10n made to it under section 4 may, within thirty days from the date of recc1pt of such order, appeal to the next h1gher Competent Authonty and that authonty may after giving the appellant an opportumty of bemg CJ heard, either confirm the 01der appealed against or set as1dc the said 01der by following the prescnbed procedure. (2) When the Competent Autho11ty 1ejectmg an applicatiOn for community certificate is the Distnct Collector, the person aggrieved by the said decisiOn of the District Collector, may WJthm fifteen days from the date of receipt of the order of the D1stnct Collector, appeal to the Government and the Government may after givmg the appellant an opportunity of bemg heard, confirm the order of the Distnct Collector or arrange for an enqUiry through the Expert Agency and ISSue appropnate orde1 s or directions on the basis of the expert report. (3) Any person aggrieved by an order passed under section II by the Scrutiny Committee may Within thirty days from the date of receipt of such order appeal to the H1gh Court and the High Court would dispme of the case as expeditiously as possible within a period of three months. ln case the writ petiuonfmi~cellaneous petition/matter is disposed of by Single, judge, no further appeal would he .!0alllst .hat order to tile DiviSIOn Bench, but subject to spec1al kave under A1 t1cle 136. (4) The Government may, on an application received from ar.y person ag!i,ricved by an order pas~ed bv them under sub-sectiOn (2) of section ll Within ftfteen days of the date of11::ceipt of the sa1d Oide1, re'v!ew any su(h order If they are satisfied that the order was passed by them under any miStakL, whether o! f.-:tct or law or m 1gn01 ance of any mate11al fact or unaware of <my relevant evidence. (5) Pending d1<;posal of an appeai under sub-sectiOn (2) or 1eview unde1 sub-section ( 4), It <;hall br competent f01 the: Gove11uncnt to \;ay the operation of the order against whiCh the appeal or 1 ev1ew, a~ the c;~sc may be, f filed.

Section 12 – The Kerala (Scheduled Castes and Scheduled Tribes )Regulation of Issue Of Community Certificates Act,1996 | DailyLaw.ai