Bare ActsThe MADHYA PRADESH MUNICIPAL CORPORATION ACT, 1956

Section 403

Appeal against the order of the Commissioner and subordinate officers

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

Appeal against the order of the Commissioner and subordinate officers.- (1) Any person aggrieved by an order passed an officer subordinate to the Commissioner, under this Act or under any rule or byelaw made there under may appeal of the Commissioner within thirty days of the date on which the order is conveyed to him. (2) Any person aggrieved by:- (a) any notice or order issued or other action taken by the Commissioner under sections 174, 193, 195, 196, 197, 198, 199, 202, 204, 205, 207, 208, 209, 210, 237, 241, 243, 246, 247, 248, 249, 295, 296, 299, 301, 302, 310, 311,312, 313,315, 322, 323, or 393 of this Act or any rule or bylaw made there under, (b) any order of the Commissioner regarding granting or refusing a licence or permission; or (c) any other order of the Commissioner that may be made appealable by byelaws under section 427, may appeal to the Corporation within 30 days from the date of such order. (3) such appeal shall be heard and disposed of by a committee to be called the ―Appeal Committee‖ appointed by the Corporation. (4) The Appeal Committee shall consist of the Mayor and four elected Councillors elected by the Corporation in accordance with the system of proportional representation by means of a single transferable vote, in the meeting called under sub-section (1) of section 18. The Mayor shall be ex-officio Chairman of the Appeal Committee. (4-A) The tem of Appeal Committee shall be conterminous with the term of the Corporation. (4-B) In the event of any vacancy occurring in the Appeal Committee it shall be reported to the authority prescribed under sub-section (1) of section 18 and the vacancy shall be filled in, in accordance with the provisions of sub-section (4). (5) The Appeal Committee may for sufficient cause extend the period prescribed for appeal. (6) The Appeal Committee may remand any case for further enquiry or decision or may pass any other order as may be deemed just and proper; and no appeal or revision shall lie against this decision of the Committee. (7) The Appeal Committee may review its own order: Provided that no order under sub-section (6) or (7) shall be passed to the prejudice of any person until he has been given a reasonable opportunity of being heard. (8) The Appeal Committee may allow any Officer deputed by the Commissioner for the purpose to appear before it in any appeal and to watch, or re-present the interests of the Corporation. (9) The Corporation may frame byelaws for the conduct of business before the Appeal Committee. Madhya Pradesh Municipal Corporation Act, 1956 171 | P a g e 404.Suspension of orders pending appeals.- When an appeal has been instituted against an order under the aforesaid sections, all proceedings to enforce such order and all prosecutions for a breach thereof may, by an order of the Appellate Authority or the Mayor when the Appeal Committee is not sitting, be suspended pending the decision of the appeal. Madhya Pradesh Municipal Corporation Act, 1956 172 | P a g e Chapter XXXV SUPPLEMENTAL PROVISIONS

Section 403 – The MADHYA PRADESH MUNICIPAL CORPORATION ACT, 1956 | DailyLaw.ai