PUNJAB LOCAL COUNCILS (APEAL) RULES, 1980

PUNJAB LOCAL  COUNCILS (APEAL)

RULES, 1980

  

16^th August 1980

 

No .Ds (R ) 9-80— In exercise of the powers conferred on him by sections 166 and 167 of the Punjab Local Government Ordinance, 1979 (VI of 1979), the Governor of the Punjab is pleased to make the following rules:—-

 

1. Short title, commencement and application .—

1)                  These rules may be called the Punjab Local Councils (Appeal) Rules, 1980.

2)                  They shall come into force at once.

3)                  They shall apply to all appeals preferred against orders passed under the Punjab local Government Ordinance, 1979, and the rules or by-laws framed thereunder except appeals by servant so Local Council in matters relating to their service.

 

Court Decisions

Provisions of R.1(3)

Local Government employee-Termination of service-Petitioner’s Constitutional petition against termination of services was dismissed. High Court had dismissed his Constitutional petition on the ground that he had alternative remedy by way of appeal against impugned order. Contention that: High Court overlooked provisions of R.1(3), Punjab Local Councils (Appeal) Rules, 1980, wherein appeals by servants of Local Councils stood excluded; that name of respondent was substituted in place of petitioner for political reasons; that discriminatory treatment meted out to petitioner speaks for extraneous reasons employed for ousting him from service; that servants of Local Councils were not civil servants; that Selection Committee having issued list of selected candidates on specified date and the same having been conveyed and having taken legal effect and having created legal rights. could not be rescinded-Contentions raised by petitioner required consideration-Leave to appeal was granted in circumstances. 1997 S C M R 1460

 

2. Appellate authority.— Except as otherwise provided in the Punjab Local Government Ordinance, 1979, or the rules framed thereunder an appeal from an order to the authority specified in column 1 of Schedule annexed to these rules, shall lie to the authority specified in column 2 thereof.

 

3. Limitation.—

1)                  Except as otherwise provided in the Punjab Local Government Ordinance, 1979 or the rules framed thereunder, the period within which an appeal under these rules may be preferred shall be thirty days from the date of the order appealed from.

2)                  In computing the period of limitation prescribed for an appeal the time requisite for obtaining a certified copy of the order appealed from shall be excluded.

3)                  An appeal may be admitted after the period of limitation prescribed therefor when 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 memorandum and shall be presented to the appellate authority or an officer authorised by it in this behalf, by the appellant personally or through 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 from 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 from.

4)                  Every appeal received by an appellate authority shall be entered in a register of appeals in Schedule II appended to these rules.

 

5. Hearing and decision of appeal.—

1)         No appeal shall be decided under the rules without—

i)               Notice to the authority passing the order appealed from.

ii)             Considering any representation that may be made by such authority in respect of the matter under appeal.

iii)            Giving an opportunity to the appellant and any other party to the proceedings in which the order appealed from was passed, of being heard in person or through duly authorised agent.

2)                  The appellate authority may, before deciding the appeal, call for the record of the case from the authority from whose order the appeal is preferred and may cause such enquiry to be made obtain such advice, as it may consider necessary.

3)                  The appellate authority may issue an interim order staying the execution of the order appealed from 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 from and shall be given effect to by the latter immediately on its receipt.

6)                  The appellate authority may determine the costs of an appeal and specify the party by and to whom such costs shall be paid. 

7)                  Any costs awarded to a local council under these rules shall be recoverable as arrears of a tax leviable under the Punjab Local Government Ordinance, 1979, or rules framed thereunder.

 

Court Decisions

Termination of leave vacancy

Punjab Local Councils (Appeal) Rules, 1980 applies to all appeals preferred against orders passed under Punjab Local Government Ordinance, 1979, and the Rules and Bye-laws framed thereunder, except appeals by employees of Local Councils in matters relating to their service. 

Punjab Local Council (Appeal) Rules, 1980, R. 1(3)-Vires of stat-rate-­Rule 1 of Punjab Local Councils (Appeal) Rules, 1980 is not inconsistent with provisions of S. 166 of the Punjab Local Government Ordinance, 1979.

Termination of leave vacancy-person appointed against vacancy and thereafter reverted on termination of the leave vacancy would have no locus standi to file appeal against his reversion-Petitioner having been validly appointed, his appointment cannot be questioned in appeal under provisions of Punjab Local Councils (Appeal) Rules„ 1980 because no appeal lies under provisions of the Rules in service matters.

1989 P L C (C.S.) 590

P L D 1977 Lah. 1082 rel.

 

6. Transfer of appeals.— Government may transfer an appeal pending before a Divisional Commissioner, a Divisional Commissioner may transfer an Commissioner may transfer an appeal pending before an Assistant Commissioner in the district to any other officer of higher or equivalent status as that of the appellate authority specified in the Schedule and he shall exercise all the powers of the appellate authority for the purposes of the appeal.
 

 

SCHEDULE-1

 

1.         Item 4A Added by Notf. No, Sov-3-68/83 dated 14/3/1985

 

 

SCHEDULE II

REGISTER OF APPEALS

(Rule 4 (1)

Appellate Authority