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Section 39: Trial of offences

HAPM General Rules 1962 amended in 2016State Rules of Haryana · 1961

(1) No offence made punishable by this Act or any rule or bye-law made thereunder shall be tried by a court inferior to that of a magistrate of the first class.

[(2) Prosecutions under this Act may be instituted [Chief Administrator] [or the Chairman or Secretary of a Committee or by any other person authorised by the Board or a Committee.]

(3) All fines received from an offender shall be credited to State revenues and grant equivalent to such fines shall be paid to the Committee.

[40. Appeal, revision and review. - (1) Any person aggrieved by order passed under this Act, the rules, regulations or bye-laws made thereunder, except an order passed in respect of service matters or an order passed by the Board or the Chief Administrator, may, within a period of thirty days from the date of supply of certified copy of such order, prefer an appeal to the Chief Administrator, in such form and manner, as may be prescribed and on payment of fee, if due, as per the impugned order, and the Chief Administrator may, after hearing the appeal, confirm, modify or reverse the order, as he deems fit.

(2) The Board may, subject to such conditions and restrictions, as it may deem fit, delegate powers of the Chief Administrator conferred under sub- section (1), on any other officer of the Board and the order passed by such officer in an appeal shall be deemed to have been passed by the Chief Administrator.

(3) The State Government may, either suo motu or on an application made in this behalf, call for the record of any case or an order passed by the Board or the Chief Administrator within a period of sixty days of the supply of the certified copy of such order, for the purpose of satisfying itself as to the legality or propriety of the order passed therein, and pass such order in relation thereto as it may deem fit, after giving the person likely to be affected thereby an opportunity of being heard.

(4) The State Government shall, on being shown sufficient reasons, have powers to review its own orders.]

[40A. Supply of copy of order. - Any person aggrieved by an order passed under this Act, the rules, regulations or bye-laws made thereunder, may obtain a certified copy of such order on an application made in such form and manner and on payment of such fee as may be prescribed.].

Where this provision sits

ActHAPM General Rules 1962 amended in 2016
Section39
Marginal noteTrial of offences
JurisdictionState of Haryana
StatusIn force as published by the source

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