Section 34 of The Offshore Areas Mineral (Development and Regulation) Act, 2002 in hindi
Subject to the provisions of sub-section (2), any person aggrieved by an order made by the administering authority or any officer under this Act or the rules made thereunder may prefer an appeal against such order to the Central Government.
- (2)Every such appeal shall be preferred within prescribed period from the date on which the impugned order was made: Provided that the Central Government may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within such prescribed period, permit the appellant to prefer the appeal within a further period as may be prescribed.
- (3)On receipt of any such appeal, the Central Government shall, after giving the parties to the appeal a reasonable opportunity of being heard and after making such inquiry as it deems proper, make such order, as it may think fit, confirming, modifying or reversing the order appealed against, or may send back the case with such direction as it may think fit for a fresh order after taking additional evidence, if necessary.
Summary
- Any person who feels wronged by an order from the administering authority or an officer can file an appeal with the Central Government.
- The appeal must be submitted within a specific prescribed period.
- The Central Government can accept a late appeal if the person proves they were prevented by a sufficient cause from filing on time.
- Before making a decision, the Central Government must give all parties a reasonable opportunity to be heard and can conduct an inquiry.
- The final decision can confirm, change, or reverse the original order, or the case can be sent back to the officer for a fresh order with instructions to take more evidence.
Practical examples
FAQ
1. Who do I complain to if I disagree with an order from an officer?
You can prefer an appeal against the order to the Central Government.
2. What happens if I miss the deadline to file my appeal?
The Central Government can grant a further period if you can show you were prevented by a sufficient cause.
3. Will I get a chance to tell my side of the story?
Yes, the Central Government must give the parties a reasonable opportunity of being heard.
4. Can the Central Government just send the problem back to the original officer?
Yes, they can send the case back with directions for a fresh order and ask them to take additional evidence.
Test yourself
Q1.Under Section 34 of The Offshore Areas Mineral (Development and Regulation) Act, 2002, who receives the appeal if a person is aggrieved by an order from the administering authority?
Q2.Under Section 34 of The Offshore Areas Mineral (Development and Regulation) Act, 2002, what must happen before the Central Government makes a final order on an appeal?
Q3.Under Section 34 of The Offshore Areas Mineral (Development and Regulation) Act, 2002, under what condition can an appeal be filed after the prescribed period has ended?
Q4.Under Section 34 of The Offshore Areas Mineral (Development and Regulation) Act, 2002, which of the following is NOT an action the Central Government can take when deciding an appeal?