On September 5, 2024, the Government of Goa introduced the Goa Boilers (Penalty Adjudication and Appeal) Rules 2024. These rules are designed to streamline the adjudication process for penalties related to boiler regulations and outline the procedures for appeals.
1. Appeal Process: How to Challenge a Decision
If you find yourself needing to appeal a decision made by the Adjudication Officer under Section 26A of the Act, the new rules provide a clear process:
- Filing the Appeal: To initiate an appeal, you must use Form A. This form must be submitted to the Appellate Authority. It’s crucial to remember that the appeal must be filed within 60 days from the date you receive the order from the Adjudication Officer.
- Submission Details: You can file the appeal in triplicate. This means you need to submit three copies of the appeal form. The appeal can be presented by you personally, by an authorized agent, or through an appointed advocate. Alternatively, it can be sent via registered or speed post.
- Appeal Fee: A fee of ₹500 is required to process the appeal. This fee must be paid using a Court Fee Stamp, which should be affixed to the Memorandum of Appeal. This requirement ensures that the appeal process is formal and properly documented.
2. Adjudication Process: From Inspection to Hearing
The adjudication process involves several steps to ensure that contraventions are properly addressed:
- Inspector’s Report: When an inspector submits a report, the Chief Inspector reviews it to determine if there are any contraventions that warrant penalties. This step is crucial in ensuring that only valid cases proceed to the adjudication stage.
- Filing and Notice: If the Chief Inspector identifies punishable contraventions, they will file an adjudication application with the Adjudicating Officer. Following this, a notice will be issued to the owner of the boiler, informing them of a hearing that must be conducted within 30 days. This ensures that the owner has a fair chance to present their case in a timely manner.
3. Service of Notices: Ensuring Proper Delivery
Proper delivery of notices and orders is essential for maintaining transparency and ensuring that all parties are informed. The rules specify several methods for serving these documents:
- Direct Delivery: Notices can be delivered directly to the owner or their authorized representative. This method is straightforward and ensures immediate receipt.
- Registered or Speed Post: If direct delivery is not possible, the notice can be sent via registered or speed post to the owner’s residence, last known address, or place of business. This method provides a trackable way to confirm delivery.
- Affixing Notices: If neither direct delivery nor postal methods are successful, the notice can be affixed to a conspicuous part of the premises where the owner resides, last resided, conducted business, or worked. This process must be documented with a written report and witnessed by two persons to ensure the notice is properly served.
The Goa Boilers (Penalty Adjudication and Appeal) Rules 2024 introduce a structured approach to handling penalties and appeals in the boiler industry. By setting clear procedures for filing appeals, adjudicating contraventions, and serving notices, these rules aim to ensure fairness and transparency in the regulatory process.
