Section 42 of The Warehousing (Development and Regulation) Act, 2007 in hindi
Appeals to Appellate Authority.
- (1)Any person aggrieved by an order of the Authority made under this Act, or any rules or the regulations made thereunder may prefer an appeal to such person or authority appointed by the Central Government (hereafter referred to as the Appellate Authority) within sixty days from the date of such order: Provided that an appeal may be admitted after the expiry of the said period of sixty days but not beyond a total period of ninety days if the appellant satisfies the Appellate Authority that he had sufficient cause for not preferring the appeal within the said period.
- (2)Every appeal made under this section shall be made in such form and manner and shall be accompanied by a copy of the order appealed against and by such fees as may be prescribed.
- (3)The procedure for disposing of an appeal shall be such as may be prescribed: Provided that before disposing of an appeal, the appellant shall be given a reasonable opportunity of being heard.
- (4)An appeal filed before the Appellate Authority shall be heard and disposed of as expeditiously as possible and endeavour shall be made to finally dispose of the appeal within a period of ninety days from the date of its filing.
Summary
- Anyone unhappy with the regulator's decisions can file an appeal with a government-appointed Appellate Authority.
- The standard deadline to appeal a regulatory decision is sixty days from the date of the decision.
- An extension up to a total of ninety days is possible if the appellant has a valid reason for the delay.
- Appeals must be submitted in the proper format, include a copy of the challenged order, and be accompanied by the required fee.
- The Appellate Authority must give the appellant a fair chance to speak and present their side before deciding.
- The Appellate Authority must make an effort to decide and resolve the appeal within ninety days of its filing.
Practical examples
FAQ
1. Who can you appeal to if you disagree with the regulator under Section 42 of The Warehousing (Development and Regulation) Act, 2007?
Under Section 42 of The Warehousing (Development and Regulation) Act, 2007, you can file an appeal with the Appellate Authority, which is a person or body appointed by the Central Government.
2. What is the deadline to file an appeal under Section 42 of the Warehousing Act?
Under Section 42 of the Warehousing Act, the standard deadline is sixty days from the date of the order, but it can be extended up to ninety days if you show a sufficient cause for the delay.
3. How quickly must an appeal be resolved under Section 42 of the Warehousing Act?
Under Section 42 of the Warehousing Act, the Appellate Authority must make an effort to hear and decide the appeal within ninety days from the date it was filed.
Test yourself
1.Under Section 42 of The Warehousing (Development and Regulation) Act, 2007, what is the standard time limit to prefer an appeal against a regulator's order?
2.What is the absolute maximum limit of time (including extensions) to submit an appeal under Section 42 of The Warehousing (Development and Regulation) Act, 2007?
3.What process must the Appellate Authority follow before disposing of an appeal under Section 42 of The Warehousing (Development and Regulation) Act, 2007?
4.What is the target duration for disposing of an appeal under Section 42 of The Warehousing (Development and Regulation) Act, 2007?