Rule 315 — Appeal under paragraph 9(1) of Part B of Schedule XI to the Act in case of superannuation fund.
An appeal under paragraph 9(1) of Part B of Schedule XI to the Act shall be made in Form No. 187, shall be verified in the manner indicated in that form, and shall be accompanied by a fee of Rs. 1,000.
Paragraph 9(1) of Part B of Schedule XI gives a right of appeal in the case of a superannuation fund but leaves the form, the verification and the fee to be prescribed. The rule supplies all three, so an appeal is either properly constituted or it is not, without argument about what should have accompanied it.
| What | Figure | The condition on it | Where |
|---|---|---|---|
| Fee accompanying the appeal | Rs. 1,000 | The appeal must also be in Form No. 187 and verified in the manner indicated in that form | Rule 315 |
Three requirements travel together: the form, the verification in the manner the form indicates, and the fee of Rs. 1,000. The fee is fixed by the rule and does not vary with the amount at stake or the ground of appeal. What may be appealed against, and to whom, is settled by paragraph 9(1) of Part B of Schedule XI, not by this rule.
Trustees of a superannuation fund wish to appeal under paragraph 9(1) of Part B of Schedule XI. The appeal is filed in Form No. 187, verified in the manner the form indicates, and accompanied by the Rs. 1,000 fee; an appeal lodged without the fee is not accompanied as the rule requires.
You meet it when an appeal is filed in a superannuation fund matter — the Form No. 187 memorandum, its verification, and the fee receipt filed with it.
An appeal under paragraph 9(1) of Part B of Schedule XI to the Act shall be made in Form No. 187 and shall be verified in the manner indicated therein and shall be accompanied by a fee of Rs. 1,000.