Contact Labour (Regulation and Abolition) Act, 1970
Chapter IV Appeals And Procedure
33. (1)(i) Every appeal under sub-section (1) of section 15 shall be preferred in the form of a memorandum signed by the appellant or his authorized agent and presented to the Appellate Officer in person or sent to him by registered Post.
(ii) The memorandum shall be accompanied by a certified copy of the order appealed from and a 5[demand draft] for Rs. 10.
(2) The memorandum shall set forth concisely and under distinct heads the grounds of appeal to the order appealed from.
34. (1) Where the memorandum of appeal does not comply with the provisions of sub-rule (2) of Rule 33 it may be rejected or returned to the appellant for the purpose of being amended within a time to be fixed by the Appellate Officer.
(2) Where the Appellate Officer rejects the memorandum under sub-rule (1) he shall record the reason for such rejection and communicate the order to the appellant.
(3) Where the memorandum of appeal is in order the Appellate Officer shall admit the appeal, endorse thereon the date of presentation and shall register the appeal in a book to be kept for the purpose called the Register of Appeals.
(4)(i) When the appeal has been admitted, the Appellate Office shall send the notice of the appeal to the registering officer or the licensing officer, as the case may be, from whose order the appeal has been preferred and the Registering Officer or the Licensing Officer shall send the record of the case to the Appellate Officer.
(ii) On receipt of the record, the Appellate Officer shall send a notice to the appellant to appear before him at such date and time as may be specified in the notice for the hearing of the appeal.
35. Failure to appear on date of hearing
If on the date fixed for hearing, the appellant does not appear, the Appellate Officer may dismiss the appeal for default of appearance of the appellant.
36. Restoration of appeals
(i) Where an appeal has been dismissed under rule 35 the appellant may apply to the Appellate Officer for the readmission of the appeal and where it is proved that he was prevented by any sufficient cause from appearing when the appeal was called on for hearing the Appellate Officer shall restore the appeal on its original number.
(ii) Such an application shall, unless the Appellate Officer extends the time for sufficient reason, be made within 30 days of the date of dismissal.
37. Hearing of appeal
(1) If the appellant is present when the appeal is called on for the hearing, the Appellate Officer shall proceed to hear the appellant or his authorized agent and any other person summoned by him for this purpose, and pronounce judgment on the appeal, either confirming, reversing or varying the order appealed from.
(2) The judgment of the Appellate Officer shall state the points for determination, the decisions thereon and reasons for the decisions.
(3) The order shall be communicated to the appellant and copy thereof shall be sent to the Registering Officer or the Licensing Officer from whose order the appeal has been preferred.
38. Payment of Fees
(1) All amounts of money payable on account of security deposit, registration fees, license fees, appeal, supply of duplicate copies of registration certificates and in terms of any other provisions of the Act and rules shall be paid through a crossed demand draft drawn in favor of the officers as shown in Annexure 'A' and made payable at branch of the Union Bank of India at the headquarters of the officers specified in column (3) of the said Annexure. All such demand drafts shall be accompanied by a Challana in Form No. TR-6 (in triplicate) indicating the details of payments, etc.
(2) The licensing officer, the registering officer or the appellate authority, as the case may be, on receipt of the demand draft from the party shall arrange to deposit the amount in the appropriate account in the Bank with which he, in his capacity as Regional Labor Commissioner/Assistant Labor Commissioner (Central) as Drawing and Disbursing Officer has an account. The Assistant Labor Commissioner (Central), Delhi shall deposit the demand draft in the Union Bank of India, Extension Centre, Shram Shakti Bhavan , Rafi Marg, New Delhi in the Account of 'Pay and Accounts Officer' Chief Labor Commissioner, New Delhi.
(3) The payments received by the officers specified in the said annexure by way of demand draft shall be deposited in the relevant heads of accounts as shown below:-
Registration fees- " 087-Labour and Employment-Fees under Contract Labor (Regulation and Abolition) Central Rules, 1971 (adjustable in the books of the Pay and Accounts Officer, Chief Labor Commissioner), Ministry of Labor, New Delhi."
Licensing fees - "087-Labour and Employment-Fees under Contract Labor (Regulation and Abolition) Central Rules, 1971 (adjustable in the books of the Pay and Accounts Officer, Chief Labor Commissioner), Ministry of Labor, New Delhi."
Security deposits- "Deposits and Advance-Deposits not bearing interest 843- Civil Deposits under Contract Labor (Regulation and Abolition) Act, 1970 (adjustable in the books of the Pay and Accounts Officer, Chief Labor Commissioner) Ministry of Labor, New Delhi."
Duplicate copy of the registration certificates - "087-Labour and Employment Fee under Contract Labor Appeals (Regulation and Abolition) Central Rules, 1971."]
Copy of the order of the Registering Officer, Licensing Officer or the Appellate Officer may be obtained on payment of fees of rupees two for each order on application specifying the date and other particulars of the order, made to the officer concerned.