(1) (i) On the expiry of the period of the licence, The contractor may, if he does not intend to have his licence renewed or got the security amount adjust in respect of his fresh application for licence in terms of sub-rule (2) of Rule 10 make an application to the Licensing Officer for the refund of security if any, deposited by him under Rule 10.
(ii) If the licensing officer is satisfied that there is no breach of the condition of licence or there is no order under section 10 for the feature of security or any portion thereof he shall direct the refund of the security to the applicant.
(2) If there is any order directing the forfeiture of the whole or any part of the security such amount to be forfeited shall be deducted from the security deposit, and balance, if any, shall be refunded to the applicant.
(3) The application for refund shall, as far as possible, be disposed of within sixty days of the receipt of the application.
18. Appeals and procedure- (1) (i) Every appeal under section 11 shall be preferred in the form of a memorandum given by the appellant or his authorized agent and presented to the appellate officer in person or sent to him by registered post with A/D.
10
(ii) the memorandum shall be accompanied by a certified copy of the order and a treasury challan for Rs. 25 (Rupees twenty five) only.
(2) The memorandum shall set forth precisely and under distinct heads the grounds of appeal to the order appealed from.
(3) Where the memorandum of appeal does not comply with the provisions of sub-rule (2) it may be rejected or returned to the appellant for the purpose or being amended within a period of fifteen days.
(4) Where the appellate officer rejects the memorandum of appeal under sub-rule (3), he shall record the reasons for such rejections and communicate the same to the appellant.
(5) Where the memorandum of appeal is in order, the appellate officer shall admit the appeal, endorse there on the date of presentation and shall register the appeal in the register of appeals for the purpose
(6) (i) When the appeal has been admitted, the appellate officer shall send a notice to Registering officer, the Licensing officer, as the case may be from whose order the appeal has been preferred. The Registering officer or the Licensing officer as the case may be shall thereupon send the record of the case to the appellate officer.
(ii) On receipt of record, the appellate officer shall send a notice to the appellant to appear before him on such date and time as specified in the notice for the hearing of the appeal.
(7) If, on the date so fixed for the hearing, the appellant does not appear, the appellate officer may dismiss the appeal for default of appearance of the appellant.
(8) (i) Where an appeal has been dismissed under sub-rule (7), the appellant may apply to the appellate officer for readmission of the appeal, and where it is proved that he was prevented by any such cause from appearing when appeal was called on for hearing, the appellate officer shall restore the appeal on its original number.
(ii) An application under clause (i) shall unless the appellate officer extends the time for sufficient reason, be made within thirty days from the date of dismissed.
(9) (i) If the appellant is present when the appeal is called for hearing, the appellate officer shall proceed to hear the appellant or confirming, reversing or modifying the order appealed from.
(ii) The judgement of the appellate officer shall state the points for determination, decision there on and the reasons for the decisions.
(iii) The order shall be communicated to the appellant and a copy thereof shall be sent to the Registering Officer or the Licensing Officer, as the case may be from whose order the appeal has been performed.