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Section 5: Procedure for filing appeals and petitions

The Appellate Tribunal For Forfeited Property ( Procedure) Rules, 1989Central Rules · 1985

(l) Any person aggrieved by an order of the competent authority made under section 68F, section 68-1, subsection (1) of section 68K or section 68L may prefer an appeal to the Tribunal; and every memorandum of appeal shall be in the form annexed to these rules.

(2) A memorandum of appeal shall be in English or in Hindi and shall set forth concisely and under distinct heads the grounds of appeal without any argument or narrative and such grounds shall be numbered consecutively.

128 The Appellate Tribunal for Forfeited Property (Procedure) Rules, 1989

(3) Every memorandum of appeal or petition shall be in quadruplicate; and in the case of a memorandum of appeal it shall be accompanied by four copies of the order appealed against, one of which shall be either a certified copy of such order or the order served on the appellant.

(4) The address given at serial number 5 of the form appended to these rules as referred to in sub-rule (1) shall be called the "registered address" of the appellant and shall until duly changed by an application to the Tribunal be deemed to be the address of the appellant for the purpose of the service of all notices, processes and other communications in the appeal and other connected proceedings till the final determination of the appeal and a period of three months thereafter.

(5) In every appeal, the competent authority, which passed the order appealed against, shall be impleaded as one of the respondents.

(6) A memorandum of appeal shall be presented by the appellant in person, or when there are more appellants than one by any of them, or by his authorised representative, to the registrar or such other officer as may be authorised in this behalf by the Chairman, or may be sent by registered post addressed to the Registrar.

Explanation.-In this sub-rule, the expression "authorised representative" shall include any person in the employment or a legal practitioner or an accountant who is authorised to appear on behalf of the appellant.

(7) When a memorandum of appeal is sent by registered post, the date of receipt of the said memorandum at the office of the Tribunal shall be the date of filing of the appeal and the Registrar shall on every memorandum of appeal, endorse the date on which it is presented or received at the office of the Tribunal and shall sign the endorsement.

(8) When an appeal is presented after the expiry of forty-five days of the receipt of the order served upon the appellant but not after sixty days, it shall be accompanied by an application, supported by an affidavit, setting forth the facts on which the appellant relies to satisfy the Tribunal that he had sufficient cause for not preferring the appeal within forty-five days.

(9) Every petition presented to the Tribunal, including a petition for stay, other than petitions of a formal or routine character, shall be accompanied by an affidavit as also four copies of such documents as are relied upon in support of the petition.

Where this provision sits

ActThe Appellate Tribunal For Forfeited Property ( Procedure) Rules, 1989
Section5
Marginal noteProcedure for filing appeals and petitions
JurisdictionCentral
StatusIn force as published by the source

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