In the said rules, after rule 23B, the following new rules shall be inserted, namely:- “23-C. Procedure regarding enquiries other than formal or summary.- In an enquiry referred to in section 61J of the act, the evidence shall be recorded in full. The opinion or decision of the Irrigation Officer holding the enquiry shall be recorded invariably in his own handwriting irrespective of whether the evidence has been taken down in full or only a summary thereof has been recorded. It shall be read over and interpreted and admitted as correct.
23-D. Procedure for filing and hearing of appeals.- (1) Every memorandum of first appeal or second appeal shall be filed under clause (a), (b) or (c) of sub- section (1) of section 65 or clause
(a), (b) or (c) of sub- section (3) of section 65 respectively, as the case may be, shall preferably be typed, or be in legible handwriting, and shall set forth concisely under distinct heads, the grounds of appeal without any argument or narrative and such grounds shall be numbered consecutively.
(2) Each memorandum shall be accompanied by the certified copy of the order of the authority appealed against and other such documents, as may be required to support grounds of appeal mentioned in the memorandum.
(3) When the appeal is presented after the expiry of the period of limitation as specified in sub-section (2) or (3) of section 65 the Act, the memorandum shall be accompanied by an application supported by an affidavit setting forth the facts on which appellant relies upon to satisfy the appellate authority, that he has sufficient cause for not preferring the appeal within the period of limitation.
(4) The appellant shall submit three sets of the memorandum to the appellate authority, for official purposes.
(5) On the date of hearing or any other day to which hearing may be adjourned, the parties or their authorised agents shall appear before the appellate authority.
(6) The appellant shall not, except by the leave of the appellate authority, urge or be heard in support of any ground of appeal not set forth in the memorandum, but the appellate authority in deciding the appeal, need not confine itself to the grounds of appeal set forth in the memorandum or taken by leave of the appellate authority under this rule;
Provided that, the appellate authority shall not rest its decision on any other grounds unless the party who may be affected thereby, has been given, the opportunity of being heard by the appellate authority.
(7) No adjournment shall ordinarily be granted at any stage by the appellate authority, unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by the appellate authority.
(8) The order of the appellate authority on the appeal shall be signed and dated by the appellate authority and shall be communicated to the parties concerned free of cost.”