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Section 27: Form for filing Appeal and the fees payable

Rajasthan Real estate (Regulation and Development) Rules 2017State Rules of Rajasthan · 2016

(1) Every appeal filed under subsection (1) of section 44 shall be-accompanied by a fee of rupees five thousand in the form of a cemand draft or a bankers cheque drawn on a nationalized bank in favour of the Appellate Tribunal and payable at the branch of that bank at the station where the seat of the saidAppellate Tribunal is situated or proof of payment through online mode.

> rT 6 (@) NISRA _VWG--0a, AY 3, 2017 21(11)

(2) Every appeal shall be filed in Form-M, in‘triplicate until the application procedure is madeweb based, along with the following documents:-

(a) An attested true copy of the order against which the appeal is filed;

(b) Attested copies of the documents relied upon by the appellant and referred to in the appeal; and :

(c) An index of the documents.

(3) Every appeal shall be either filed at the filling counter of the Registry of the AppellateTribunal or througha registered post or through online system, as applicable.(4) In case ofan appeal sent by post under sub-rule (3), it shall be deemed to have been presentedto the Appellate Tribunal on the day on which it is received in its office, ?(5) Whether a party to the appeal is represented by an authorised person, as provided undersecticn 56, a copy of the authorisation to act as such and the written consent thereto by suchauthorised person, both in original, shall be appended to the appeal or the reply to the notice ofthe appeal, as the case may be.

(6) On the date of hearing or any other date to which hearing could be adjourned, it shall beobligatory on the parties or their agents, as the case may be, to appear before the AppellateTribunal:

Provided that where the appellant or his authorised person, as the case may be, fails toappear before the Appellate Tribunal on’such days, the Appellate Tribunal may in its discretioneither dismiss the appeal for default or decide it on the merits and where the Opposite party or hisauthorised person fails to appear on the date of hearing, the Appellate Tribunal may decide theappeal ex-parte.

(7) The procedure for day to day functioning of the Appellate Tribunal, which have not beenprovided by the Act or the rules made thereunder, shall be as decided by the Appellate Tribunal.28. Manner of selection of Members of the Appellate Tribunal.- (1) As and whenvacancies of a Member in the Appellate Tribunal exist or arise or are likely to arise, the StateGovernment may make a reference to the Selection Committee in respect of the vacancies to befilled.

(2) The Selection Committee may, for the purpose of selection of the Member of theAppellateTribunal, follow such procedure as deemed fit including the appointment of a search committeeconsisting of such persons as the Selection Committee considers appropriate to suggest apanelof names possessing the requisite qualification and experience and suitable fo- being consideredfor appointment as Member of the Appellate Tribunal.

(3) The Selection Committee shall select two persons for each vacancy and recommend the sameto the State Government.

(4) The Selection Committee shall make its recommendation to the State Government within aperiod of sixty days from the date of reference made under sub-rule (1).

(5) The State Government shall within thirty days from the date of the recommendation by theSelection Committee, appoint one of the two persons recommended by the Selection Committeefor the vacancy of the Member.

Where this provision sits

ActRajasthan Real estate (Regulation and Development) Rules 2017
Section27
Marginal noteForm for filing Appeal and the fees payable
JurisdictionState of Rajasthan
StatusIn force as published by the source

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