(1) Any person aggrieved by an order made under section 46, section 47 or section 48 may app'eal to the Administrator within thirty days from the date of the service of such order on him.
(2) An appeal under this section shall be preferred In duplicate in the form of a memorandum, setting forth concisely the grounds of objection to the order appealed against, and shall be accompanied by that order or a certified copy thereof.
(3) On receipt of such appeal, the- Administrator may, after giving a reasonable opportunity to the appellant to be heard either personally or by a counsel and after such further inquiry, if any, as he may deem necessary, confirm, vary or set aside the order appealed against:
Provided that the order appealed against shall remain in force pending the disposal of the appeal, unless the Administrator otherwise directs. '
(4) The Administrator shall make every endeavour to dispose of an appeal under this section within a period of three months from the date of receipt of such ap'peal.
(5) In calculating the period of thirty days provided for an appeal under this section, the time taken for obtaining a certified copy of the order appealed against, shall be excluded.
52. An order passed by the Commissioner of Police under section 46, section 47 or section 48 or the Administrator under section 51 shall not be called in question in any court except on the ground—
(a) that the Commissioner of Police or the Administrator, as the case may be, had not followed the procedure laid down in subsection (1), sub-section (2) or sub-section (4) of section 50 or in section 51, as the case may be; or '
(b) that there was no material before the Commissioner of Police or the Administrator, as the case may be, upon which he could have based his order; or
(c) in the case of an order made under section 47 or an order in appeal therefrom to the Administrator under section 51, the Commissioner of Police or the Administrator, as the case may be, was not of the opinion that witnesses were unwilling to come forward to give evidence in public against the person against whom such order has been made. ' Appeal against orders under section 46,47 or
48.
Finality of order in certain caaea.
2 of 1974.
2 of 1974.
2 of 1974.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 297
53. If a person to whom a direction has been issued under section 46, section 47 or section 48 to remove himself from Delhi or any part thereof—
(a) fails to remove himself as directed; or
(b) having so removed himself enters Delhi or any part thereof within the period specified in the order, otherwise than with the permission in writing of the Commissioner of Police under section 54, the Commissioner of Police may cause him to be arrested and removed in police custody to such place outside Delhi or any part thereof as the Commissioner of Police rnay in each case specify.