(1) The manager of a factory on whom an
order in writing by an Inspector has been served under the provisions of
this Act or 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.
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