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Section 26: Appellate Authority and Appeals

The Rajasthan Apartment Ownership Act 2015State Act of Rajasthan · Act 12 of 2019

(1) The State Government may, by notification in the Official Gazette, appoint an officer or an authority as Appellate Authority, with the power to decide appeals against the orders of the Competent Authority under this Act:

Provided that the State Government may appoint more than one officer or authority under this sub-section and distribute the work among them in such manner as it deems fit.

(2) Notwithstanding anything contained in any law for time being in force but subject to the provisions of sub-section (6) of section 11, any person aggrieved by any order of the Competent Authority under this Act may, within a period of thirty days of communication of the order to him, prefer an appeal to the Appellate Authority.

(3) Every appeal under sub-section (2) shall be made in such form and manner and shall be accompanied by such fee as may be prescribed.

(4) The Appellate Authority may, after giving an opportunity to be heard to the parties and to the Competent Authority, pass such order, as it deems fit, either confirming, modifying or setting aside the order of the Competent Authority, and the order of the Appellate Authority shall be final.

(5) An appeal under this section shall, as far as possible, be disposed of by the Appellate Authority within a period of one hundred eighty days from the date of its filing and if an appeal is not disposed of within the aforesaid period, the Appellate Authority shall record reasons therefor.

(6) The Appellate Authority shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908) while trying a suit, in respect of the following matters, namely:-

(a) receiving evidence;

(b) issuing commissions for examination of witnesses;

(c) requisitioning any public record; and

(d) any other matter, which may be prescribed,

and any proceeding before the Appellate Authority shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196 of the Indian Penal Code, 1860 (Central Act No. 45 of 1860), and the Appellate Authority shall be deemed to be a civil court of the purpose of section 195, but not for the purposes of Chapter XXVI, of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974).

Where this provision sits

ActThe Rajasthan Apartment Ownership Act 2015
Section26
Marginal noteAppellate Authority and Appeals
JurisdictionState of Rajasthan
StatusIn force as published by the source

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