(APPEALS) RULES, 1960
31st December, 1960
No. SOXI-64/60. In exercise of the powers conferred by section 119 of the Municipal Administration Ordinance, 1960, the Governor of West Pakistan is pleased to make the following rules, namely: –
1. Short title, commencement and application.
(1) These rules may be called the West.
(2) They shall come into force at once.
(3) They shall apply to all appeals preferred against orders passed under the Municipal Administration Ordinance, 1360, except appeals by servants of Municipal Committees in matter relating to their service.
2. Appellate authority. Unless otherwise provided, appeals against the orders of the authorities specified in column 1 of the Schedule annexed to these rules shall lie to the authorities specified in column 2 thereof.
3. Period within which appeals are to be filed.
(1) Unless otherwise provided in any law for the time being in force or in any rule framed under the Municipal Administration Ordinance, 1960, the period of limitation for an appeal to which these rules apply shall be 30 days from the date of the order appealed against.
(2) An appeal may be admitted after the period of limitation prescribed in sub-rule (1), if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within such period.
4. Manner in which appeals are to be filed.
(1) Every appeal shall be preferred in the form of a Memo, and shall be presented to the appellate authority, or an officer authorised but it in this behalf, by the appellant personally or his authorised agent, or sent to such authority by registered post.
(2) Every memorandum of appeal shall be in writing and shall set forth concisely the grounds of objection to the order appealed against, and such grounds shall be numbered consecutively.
(3) Every memorandum of appeal shall be signed and verified by the appellant and shall, unless the authority before which the appeal is filed, dispenses with such requirement, be accompanied by a certified copy of the order appealed against.
(4) Every appeal received by an appellate authority shall be entered in a Register of Appeals in the form appended to these rules.
5. Hearing and decision of appeal.
(1) No appeal shall be decided under these rules without: –
(i) notice to the authority passing the order appealed against ;
(ii) Considering any representation that may be made by such authority in respect of the matter under appeal; and
(iii) giving an opportunity to the appellant of being heard in person or through his duly recognized agent.
(2) The appellate authority may, before deciding the appeal call for tic record of the case from the authority against whose order the appeal is preferred, and may cause such enquiry to be made or obtain such advice, as it may consider necessary.
(3) The appellate authority may issue an interim order staying the execution of the order appealed against, where, in its opinion, such execution is likely to affect materially the redress sought for by the appellant.
(4) An appeal shall, as far as possible, be decided within ninety days of its filing.
(5) The decision of the appeal shall be communicated to the appellant and to the authority passing’ the order appealed against and shall be given effect to by the latter immediately on its receipt.
(6) The appellate authority may determine the costs of an appears and specify the party by and to whom such costs shall be paid.
(7) Any costs awarded to a Municipal Committee under this rule shall be recoverable as arrears of a tax.