Section 6F of The Explosives Act, 1884
Appeals
1[6F. Appeals.--(1) Any person aggrieved by an order of the licensing authority refusing to grant a licence or varying the conditions of a licence or by an order of the licensing authority suspending or revoking a licence may prefer an appeal against that order to such authority (hereinafter referred to as the appellate authority) and within such period as may be prescribed: Provided that no appeal shall lie against an order made by, or under the direction of, the Central Government.
- (2)No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor: Provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.
- (3)The period prescribed for an appeal shall be computed in accordance with the provisions of the Limitation Act, 1963 (36 of 1963), with respect to the computation of periods of limitation thereunder.
- (4)Every appeal under this section shall be made by a petition in writing and shall be accompanied by a brief statement of the reasons for the order appealed agianst where such statement has been furnished to the appellant and by such fee as may be prescribed .
- (5)In disposing of an appeal the appellate authority shall follow such procedure as may be prescribed: Provided that no appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being heard.
- (6)The order appealed against shall, unless the appellate authority conditionally or unconditionally directs otherwise, be in force pending the disposal of the appeal against such order.
- (7)Every order of the appellate authority confirming, modifying or reversing the order appealed against shall be final.]
Summary
- If a licensing authority refuses, changes, suspends, or cancels a licence, the affected person can appeal to a higher authority within a set time.
- You cannot appeal an order if it was made by the Central Government or under its direction.
- The original decision stays in effect while the appeal is happening, unless the appellate authority specifically pauses it.
- An appeal must be in writing, include the required fee, and attach the reasons given for the original decision.
- The person appealing must be given a fair chance to be heard before a final decision is made.
Practical examples
FAQ
1. Can I appeal if my licence is cancelled by the Central Government?
No, you cannot appeal an order made by or under the direction of the Central Government.
2. What happens if I miss the deadline to file an appeal?
The appeal will not be accepted unless you can prove to the appellate authority that you had a good enough reason for the delay.
3. Do I need to pay to file an appeal?
Yes, you must pay a prescribed fee when submitting your written appeal petition.
4. Can the appellate authority make a decision without listening to my side?
No, the authority must give you a reasonable opportunity to be heard before deciding on the appeal.
Test yourself
1.Under Section 6F of The Explosives Act, 1884, what happens to a licence suspension order while an appeal against it is currently being reviewed?
2.Under Section 6F of The Explosives Act, 1884, which of the following orders cannot be appealed?
3.Under Section 6F of The Explosives Act, 1884, what is required for an appeal petition to be validly submitted?
4.Under Section 6F of The Explosives Act, 1884, if a person misses the deadline to file an appeal, what is the only way the appeal might still be accepted?