50. Appeals.—
(1) Subject to the provisions of sub-section
(2), an appeal shall lie,—
(a) from every decision or order under sections 15 to 20, section 22, section 25, sections 27 to 39,
section 41 or any rule made under sub-section
(3) of section 52 by the legal metrology officer
appointed under section 13, to the Director;
(b) from every decision or order made by the Director of Legal Metrology under sections 15 to
20, section 22, section 25, sections 27 to 39, section 41 or any rule made under sub-section
(3) of
section 52, to the Central Government or any officer specially authorised in this behalf by that
Government;
(c) from every decision given by the Controller of Legal Metrology under delegated powers of
Director Legal Metrology to the Central Government;
(d) from every decision given or order made under sections 15 to 18, sections 23 to 25, sections
27 to 37, sections 45 to 47 or any rule made under sub-section
(3) of section 53 by any legal
metrology officer appointed under section 14, to the Controller; and
(e) from every decision given or order made by the Controller under sections 15 to 18, sections 23
to 25, sections 27 to 37, sections 45 to 47 or any rule made under sub-section
(3) of section 53 not
being an order made in appeal under clause
(d), to the State Government or any officer specially
authorised in this behalf by that Government.
(2) Every such appeal shall be preferred within sixty days from the date on which the impugned order
was made:
Provided that the appellate authority may, if it is satisfied that the appellant was prevented by
sufficient cause from preferring the appeal within the said period of sixty days, permit the appellant to
prefer the appeal within a further period of sixty days.
(3) On receipt of any such appeal, the appellate authority shall, after giving the parties to the appeal, a
reasonable opportunity of being heard and after making such inquiry as it deems proper, make such order,
as it may think fit, confirming, modifying or reversing the decision or order appealed against or may send
back the case with such direction as it may think fit for a fresh decision or order after taking additional
evidence, if necessary.
(4) Every appeal shall be preferred on payment of such fees, as may be prescribed.
(5) The Central Government or the State Government, as the case may be, may on its own motion or
otherwise, call for and examine the record of any proceeding including a proceeding in appeal in which
any decision or order has been made, for the purpose of satisfying itself as to the correctness, legality or
propriety of such decision or order and may pass such orders thereon as it may think fit:
Provided that no decision or order shall be varied under this sub-section so as to prejudicially affect
any person unless such person has been given a reasonable opportunity of showing cause against the
proposed action.
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