Factories Act,1948
Act No : 63
Section :
Appeals.
107. Appeals. (1) The manager of a factory on whom an order in writing by an Inspector has been served under the provisions or this Act or --------------------------------------------------------------------- 1. Ins. by Act 20 of 1987, s. 39 (w.e.f. 1-12-1987). 2. Ins. by Act 94 of 1976, s. 43 (w.e.f. 26-10-1976). 3. Ins. by Act 20 of 1987 s. 40 (w.e.f. 1-12-1987). 89 the occupier of the factory may, within thirty days of the service of the order, appeal against it to the prescribed authority, and such authority may, subject to rules made in this behalf by the State Government, confirm, modify or reverse the order. (2) Subject to rules made in this behalf by the State Government (which may prescribe classes of appeals which shall not be heard with the aid of assessors), the appellate authority may, or if so required in the petition of appeal shall, hear the appeal with the aid of assessors, one of whom shall be appointed by the appellate authority and the other by such body representing the industry concerned as may be prescribed: Provided that if no assessor is appointed by such body before the time fixed for hearing the appeal, or if the assessor so appointed fails to attend the hearing at such time, the appellate authority may, unless satisfied that the failure to attend is due to sufficient cause, proceed to hear the appeal without the aid of such assessor or, if it thinks fit, without the aid of any assessor. (3) Subject to such rules as the State Government may make in this behalf and subject to such conditions as to partial compliance or the adoption of temporary measures as the appellate authority may in any case think fit to impose, the appellate authority may, if it thinks fit, suspend the order appealed against pending the decision of the appeal.
Read All Comments
