Rule 68. The appellate authority for appeal against the order of Inspector

cum-Facilitator of factory and the manner of appeal under section 90,-(1) An appeal presented under section 90 shall lie with the Chief Inspector-cum-Facilitator in cases where the order appealed against is an order passed by that officer, with the appropriate Government or with such authority as the appropriate Government may appoint in this behalf and shall be in the form of a memorandum setting forth concisely the grounds of objection to the order and bearing court-fees stamp in accordance with Article 11 of Schedule-Il to the Court Fees Act, 1870, and shall be accompanied by a copy of the order appealed against.

(2) On receipt of the memorandum of appeal, the appellate authority shall, if it thinks fit or if the appellant has requested that the appeal should be heard with the aid of assessors, call upon the body declared under sub-rule (3) to be representative of the industry concerned, to appoint an assessor within a period of 14 days. If an assessor is nominated by such body, the appellate authority shall appoint a second assessor itself. It shall then fix a date for the hearing of the appeal and shall give due notice of such date to the appellant and to the Inspector-cum-Facilitator whose order is appealed against, and shall call upon the two assessors to appear upon such date to assist in the hearing of the appeal.

(3) The appellant shall state in the memorandum presented under subrule (1) whether he is a member of one or more of the following bodies. The body empowered to appoint the assessor shall: - i. if the appellant is a member of one of such bodies, be that body; W il. if he is a member of two such bodies, be the body which the appellant desired should appoint such assessor; and iil. if the appellant is not a member of any of the aforesaid bodies or if he does not state in the memorandum which of such bodies he desires should appoint the assessor, be the body: which the appellant authority considers as the best fitted to represent the industry concerned 1. 2. 3. 4.

(4) An assessor appointed in accordance with the provisions of sub-rules

(2) and (3) shall receive, for the bearing of the appeal, a fee to be Rs.. ..Perdiem. He shall also receive the actual travelling expenses. The fees and travelling expenses shall be paid to the assessors by appropriate Government, but where assessors have been appointed at the request of the appellant and the appeal has been decided wholly or partly against him the appellate authority may direct that the fees and travelling expenses of the assessors shall be paid in whole or in part by the appellant.