(1) Every appeal preferred under section 77 against any order of the Director/Government under sub-section (3) of section 76 of the Act shall be made in writing and shall specify, in addition to the grounds of appeal, the date on which the order of the Director/Government was received by the appellant.
(2)Every such appeal shall be submitted in Form No.1 appended to these rules and shall be accompanied by the following:-
(a) a certificate from the appropriate Planning Authority to the effect that the development charges have been paid in full;
(b) a certified copy of the order of the Director/Government appealed against; and
(c)the appeal fees as required under sub-section (2) of section 77.
(3) The appeal shall signed-
(a) in the case of an individual by the individual himself,-
(b) in the case of a Hindu undivided family, undivided Aliyasanthana family or branch of undivided Marumakkattayam tarvad or tawazhi, by the manager or Karta or Karnavan, as the case may be;
(c) in the case of a company, by the principal officer;
(d) in the case of a firm, by one of the partners; and
(e) in the case of any other association, by a member of the association, specifically authorised for this purpose.
(4) The amount of appeal fee to be remitted under sub-section (2) of section 77 for an appeal shall be at the rate of 2percent of the amount of development charges levied subject to a minimum of Rs.50(Rupees fifty only) and to a maxi8mum of Rs.250(Rupees two hundred and fifty only and subject also to such revision as the Government may notify in the Tamil Nadu government Gazette, from time to time.
(5) The appeal, with all the documents, shall be presented by the appellant, during office hours on any working day in person or by registered post-
(a) in triplicate copies together with sufficient number of additional copies for service on each of the respondents mentioned in the appeal; and
(b)to the Tribunal or such officer of the Tribunal as may be appointed for this purpose.
(6) Every such appeal shall be made within a period of sixty days form the date of receipt of the orders of the Director/Government by the applicant:
Provided that, in the case of an appeal sent by registered post, the date of receipt of the appeal in the office of the Tribunal shall be deemed to be the date of appeal for the purpose of this rule.
(7) In the case of appeal presented after the period prescribed under sub-rule
(6), it shall be accompanied by a petition, supported by an affidavit, setting forth the facts on which the appellant relies to satisfy the Tribunal that he had sufficient cause for not preferring the appeal within the prescribed period.
(8)Such appeals shall be admitted by the Tribunal only-
(a)after due, notice has been given by it to the State Representative and the respondents;
(b)after the Tribunal has heard their objections, if any; and
(c) if the Tribunal is satisfied that the appellant had sufficient cause for not preferring the appeal within the prescribed time.
(9) Registration of appeals.- (1) On receipt of an appeal, the Tribunal or the officer of the Tribunal designated for this purpose, shall endorse on it the date of its receipt and as soon as may be and thereafter shall examine-
(i) whether the person presenting it has the authority to do so;
(ii) whether it conforms to the provisions of the Act and the rules there under; and
(iii) whether the appeal is in the proper form and has all the prescribed enclosures.
(2) If the Tribunal is satisfied that the appeal is in order with reference to these preliminary requirements, it shall cause the appeal to be registered in a register in Form No. 2 to be kept for the purpose and immediately thereafter notify the appellant and the State Representative of the fact of such registration.
3) If the Tribunal were to find that the appeal does not, prima facie, fall under section 77 of the Act, it may, either reject the appeal and order the papers to be returned to the party or fix a date for hearing the matter after giving due notice to the party and the respondent in Form No.3 appended to these rules.
4) On the date so fixed, the Tribunal shall, after hearing the party and the respondent, pass orders directing either the registration of the appeal or reject the same, when the appeal is rejected, the Tribunal shall record its reasons for doing so.
5) If the Tribunal were to find on such examination that the appeal does not conform to the requirements of the Act and these rules, it shall call upon the party by a notice in Form No.4 appended to these rules, to remedy the defects within a reasonable period to be specified in such notice and upon such rectification within the period allowed, the appeal shall be registered as per sub - rule (2) above.
6)When the appeal is re-presented without, rectification of the defects pointed out either within the period allowed or after the period allowed, the Tribunal may, either reject the appeal or fix a date for hearing the matter and give due notice for such hearing to the party and the respondent in Form No.5 appended to these rules:
Provided that such appeal shall not be admitted unless notice has been given to the State representative and his objections have been heard and the Tribunal is satisfied that the appellant has sufficient cause for not presenting the appeal in time.
7) The appellant shall address the Tribunal, if within a period of three months from the date of presentation or representation of the appeal, as the case may be, no communication has been received by him in this regard from the Tribunal. The Tribunal shall not be otherwise responsible for any loss of the appeal either in transit or otherwise.