(1) Any person aggrieved by an order passed by any officer under the Act or these rules against which an appeal lies, may within thirty days of the date of the knowledge of the order prefer an appeal to the Transport Commissioner, Madhya Pradesh at Gwalior.
(2) Every appeal shall-
(a) be in writing;
(b) specify the name and address of the appellant;
(c) specify the registration number, the seating capacity of the vehicle, the nature of the permit and the route for which the permit is granted;
(d) specify the date of the order against which it is made;
(e) specify the date on which the order was communicated to the appellant;
(f) contain a clear statement of facts:
(g) specify the amount admitted by the appellant to be due or refundable;
(h) give the proof of payment of tax in respect of which appeal has been preferred;
(i) specify the grounds on which the appeal is preferred;
(j) state precisely the relief prayer for;
(k) be signed and verified by the appellant or an agent duly authorised by him in writing in this behalf in the following form, namely "I............the appellant named in the above memorandum of appeal do hereby declare that the facts stated therein are true to the best of my knowledge and belief".
(3) The memorandum of appeal shall be accompanied by-
(i) an additional copy of the memorandum;
(ii) the original or certified copy of the order appealed against; and
(iii) a cash receipt or a treasury challan of rupees twenty five in token of the payment of fee.
(4) The memorandum of appeal shall be presented to the appellate authority by the appellant or his duly authorised agent. When an appeal is presented by an agent duly authorised by (he appellant, it shall be accompanied by a duly stamped letter of authority appointing him as such agent.
(5) If the memorandum of appeal docs not comply with all or any of the requirements of subrule (2) of this rule the appeal may be summarily rejected :
Provided that no appeal shall be summarily rejected under this sub-rule unless the appellant is given such opportunity as the appellate authority thinks fit lo amend such memorandum of appeal as to bring it in conformity with the requirements of the said sub-rule.
(6) An appeal may also be summarily rejected on any other ground which shall be reduced in writing by the appellate authority ;
Provided that before an order summarily rejecting an appeal under this sub-rule is passed, the appellant shall be given a reasonable opportunity of being heard.
(7) If the appellate authority does not reject the appeal summarily, it shall fix a date for hearing the appellant or his duly authorised agent.
(8) The appellate authority may at any stage adjourn the hearing of an appeal to any other date.
(9) If on the date fixed for hearing or any other date lo which the hearing may be adjourned, the appellant does not appear before the said authority either in person or through an agent duly authorised by the appellant, the said authority may dismiss the appeal or may decide it ex-parte as it thinks fit.
(10) When an appeal is dismissed or decided ex-parte under sub-rule (9), the appellant may, within thirty days from the date of such order, apply to the appellate authority for readmission or re-hearing of the appeal and if the appellate authority is satisfied that the appellant or his agent duly authorised was prevented by any sufficient cause from appearing when the appeal was called for hearing, it may re-admit and re-hear the appeal on such terms and conditions, including cost, as it may think fit.
(11) A copy of the order passed in appeal shall be supplied free of cost to the appellant and another copy shall be sent to the officer whose order forms the subject-matter of the appeal.
[18A. Appeal against the order of Confiscation. - (1) A memorandum of appeal against the order of confiscation under sub-section (6) of Section 16 shall-
(a) be in writing;
(b) specify the name and address of the appellant;
(c) specify the date of the order against which it is preferred;
(d) specify the date on which the order was communicated to the appellant;
(e) contain a clear statement of facts;
(1) specify the ground on which the appeal is preferred without any argument or narrative and numbered consecutively;
(g) state precisely the relief prayed for; and
(h) be signed and verified by the appellant or an agent duly authorised by him in writing in this behalf in the following form, namely :- "I........ the appellant in the memorandum of appeal do hereby declare that what is stated therein is true to the best of my knowledge and belief."
...........................................
Signature of the appellant
(2) The memorandum of appeal shall be presented to the Appellate Authority by the appellant or his duly authorised agent personally.
(3) The memorandum of appeal shall be accompanied by a cash receipt or Treasury Challan of Rs. 50/- in token of the payment of fee.]