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(1) Where the civil authority or
Immigration Officer is of the opinion that any carrier has brought a person, in contravention of the
provisions of section 3 and rules or orders made thereunder, into India, he may, by order impose a
penalty which shall not be less than two lakh rupees, but may extend to five lakh rupees, on such carrier:
Provided that no order shall be passed without giving the carrier an opportunity of being heard in
the matter.
(2) Any person aggrieved by an order made under sub-section (1), may prefer an appeal to such
authority in such form, manner and accompanied by such fee as may be prescribed.
(3) Every such appeal shall be preferred within a period of thirty days from the date of the order
appealed against:
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 thirty days, permit the appellant to
prefer the appeal within a further period of thirty days.
(4) On receipt of any such appeal, the appellate authority shall, after giving the parties 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 order appealed against.
(5) Where any penalty imposed under this section is not paid, the civil authority or Immigration
Officer may recover the penalty so payable by---
(a) seizing or detaining the aircraft or the ship or any other mode of transport of the carrier;
(b) seizing, detaining or selling any goods or properties belonging to the carrier; or
(c) such other means as may be notified.
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