Appeals against order of Adjudicating Officer and Appellate Authorities.

§18

Summary

1[18. Appeals against order of Adjudicating Officer and Appellate Authorities.- (1) Any person aggrieved by an order of the Adjudicating Officer may, within thirty days from the date on which the order is communicated to him, prefer an appeal to the First Appellate Authority having jurisdiction, i.e. the Commissioner of Fisheries, Maharashtra State to hear such first appeal: Provided that, the State Government may, whenever necessary, by notification in the Official Gazette, appoint one or more First Appellate Authorities for such area in the Konkan Revenue Division, as may be specified in the notification. (2) Any person aggrieved by an order of the First Appellate Authority may, within thirty days from the date on which the order is communicated to him, prefer second appeal to the Government. (3) Notwithstanding anything contained in sub-sections (1) and (2), the First Appellate Authority or the Second Appellate Authority, as the case may be, may entertain any appeal after the expiry of the said period of thirty days, but not after the expiry of sixty days from the date aforesaid, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (4) No appeal under this section shall be entertained by the First Appellate Authority, unless the appellant has, at the time of filing the appeal, deposited the amount of penalty payable under the order appealed against: Provided that, on an application made by the appellant in this behalf, the First Appellate Authority may, if it is of the opinion that the deposit to be made under this sub-section will cause undue hardship to the appellant, by an order in writing, dispense with fifty per cent. amount of such deposit, either unconditionally or subject to such conditions as it may deem fit to impose. (5) On receipt of an appeal under sub-section (1) or (2), the Appellate Authority may, after holding such inquiry as it deems fit, and after giving the parties concerned a reasonable opportunity of being heard, confirm, modify or set aside the order appealed against and,- (a) if the sum deposited by way of penalty under sub-section (4) exceeds the penalty directed to be paid by the Appellate Authorities, the excess amount, or (b) if the Appellate Authorities sets aside the order imposing penalty, the whole of the sum deposited by way of penalty, shall be refunded to the appellant. (6) The order of the First Appellate Authority shall be final in case second appeal is not filed and in case the second appeal is filed then the order of the Second Appellate Authority shall be final.]

1[18. Appeals against order of Adjudicating Officer and Appellate Authorities.- (1) Any person aggrieved by an order of the Adjudicating Officer may, within thirty days from the date on which the order is communicated to him, prefer an appeal to the First Appellate Authority having jurisdiction, i.e. the Commissioner of Fisheries, Maharashtra State to hear such first appeal: Provided that, the State Government may, whenever necessary, by notification in the Official Gazette, appoint one or more First Appellate Authorities for such area in the Konkan Revenue Division, as may be specified in the notification. (2) Any person aggrieved by an order of the First Appellate Authority may, within thirty days from the date on which the order is communicated to him, prefer second appeal to the Government. (3) Notwithstanding anything contained in sub-sections (1) and (2), the First Appellate Authority or the Second Appellate Authority, as the case may be, may entertain any appeal after the expiry of the said period of thirty days, but not after the expiry of sixty days from the date aforesaid, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (4) No appeal under this section shall be entertained by the First Appellate Authority, unless the appellant has, at the time of filing the appeal, deposited the amount of penalty payable under the order appealed against: Provided that, on an application made by the appellant in this behalf, the First Appellate Authority may, if it is of the opinion that the deposit to be made under this sub-section will cause undue hardship to the appellant, by an order in writing, dispense with fifty per cent. amount of such deposit, either unconditionally or subject to such conditions as it may deem fit to impose. (5) On receipt of an appeal under sub-section (1) or (2), the Appellate Authority may, after holding such inquiry as it deems fit, and after giving the parties concerned a reasonable opportunity of being heard, confirm, modify or set aside the order appealed against and,- (a) if the sum deposited by way of penalty under sub-section (4) exceeds the penalty directed to be paid by the Appellate Authorities, the excess amount, or (b) if the Appellate Authorities sets aside the order imposing penalty, the whole of the sum deposited by way of penalty, shall be refunded to the appellant. (6) The order of the First Appellate Authority shall be final in case second appeal is not filed and in case the second appeal is filed then the order of the Second Appellate Authority shall be final.]

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