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State of Kerala - Section

Section 18 in Kerala Marine Fishing Regulation Act, 1980

18. [ Appeal. [Substituted by Kerala Act No. 28 of 1986, dated 30.11.1986.]

(1)any person aggrieved by an order of the adjudicating officer may, within thirty days from the date on which the order is made, prefer an appeal to the District Collector having jurisdiction over the area for which the adjudicating officer exercises powers;Provided that the District Collector may entertain an appeal after the expiry of the said period of thirty days, but not after the expiry of sixty days, from the date aforesaid, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2)No appeal under this section shall be entertained by the District Collector 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 District Collector may, if he is of the opinion that the deposit to be made under this sub-section will cause under hardship to the appellant, by order in writing, dispense with such deposit either unconditionally or subject to such conditions as he may deem fit to impose.
(3)On receipt of an appeal under sub-section (1), The District Collector may, after holding such enquiry as he 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 subsection (2) exceeds the penalty directed to be paid by the District Collector the excess amount, or
(b)if the District Collector sets aside the order imposing penalty the whole of the sum deposited by way of penalty, shall be refunded to the appellant.
(4)Where the District Collector entertains appeal after dispensing with the deposit under the proviso to sub-section (2) and if the order appealed against is not set aside or as the case may be, if the order appealed against is modified involving the depositing of penalty the appellant shall deposit such amount by way of penalty as may be ordered by District Collector.]