Section 36S of The National Housing Bank Act, 1987
1[36S. Appeal to the Appellate Tribunal.--(1) Any person aggrieved by an order made or deemed to have been made by the recovery officer under this Chapter, may prefer an appeal to an Appellate Tribunal having jurisdiction in the matter.
- (2)Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which a copy of the order made or deemed to have been made by the recovery officer is received by him and it shall be in such form and be accompanied by such fee as may be prescribed: Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for not filing it within that period.
- (3)On receipt of an appeal under sub-section (1), the Appellate Tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against.
- (4)The Appellate Tribunal shall send a copy of every order made by it to the parties to the appeal and to the concerned recovery officer.
- (5)The appeal filed before the Appellate Tribunal under sub-section (1) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months from the date of the receipt of the appeal.]
Summary
- This section allows any person unhappy with a recovery officer's order to file an appeal with the Appellate Tribunal within forty-five days.
- It permits the Tribunal to accept late appeals if the person can prove they had a valid reason for missing the deadline.
- It requires the Tribunal to give both parties a fair chance to be heard before it confirms, modifies, or cancels the recovery officer's order.
- It instructs the Tribunal to handle the appeal as quickly as possible, with a target of finishing within six months.
Practical examples
FAQ
1. How much time does a person have to file an appeal under Section 36S of the National Housing Bank Act, 1987?
Under Section 36S of the National Housing Bank Act, 1987, an appeal must be filed within forty-five days from the date the person receives a copy of the recovery officer's order.
2. Can the Appellate Tribunal accept an appeal after the deadline according to Section 36S of the 1987 Act?
Yes, Section 36S of the 1987 Act allows the Appellate Tribunal to entertain an appeal after forty-five days if it is satisfied that there was sufficient cause for the delay.
3. What is the expected timeline for resolving an appeal under Section 36S of the housing finance law?
Section 36S of the housing finance law states that the Tribunal should try to dispose of the appeal finally within six months from the date it receives the appeal.
Test yourself
Q1.What is the standard deadline for filing an appeal under Section 36S of The National Housing Bank Act, 1987?
Q2.According to Section 36S of The National Housing Bank Act, 1987, what happens after the Appellate Tribunal receives an appeal?
Q3.What time frame does Section 36S of The National Housing Bank Act, 1987 suggest for the final disposal of an appeal by the Tribunal?
Q4.Linking the rules, Section 36R grants the Tribunal power to hear appeals, but under Section 36S of The National Housing Bank Act, 1987, what power does the Tribunal have regarding the original order made under Section 36R?