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State of Maharashtra - Section

Section 18 in Maharashtra Marine Fishing Regulation Act, 1981

18. Constitution of Appellate Board and appeals to Appellate Board.-

(1)In each District, the District Magistrate shall constitute the Appellate Board for the whole District.
(2)The State Government may, whenever necessary, by notification in theOfficial Gazette, constitute one or more Appellate Board or Boards consisting of one member, for such area in the District as may be specified in the notification.
(3)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 Appellate Board, having jurisdiction to hear such appeal:Provided that the Appellate Board 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 appeals in time.
(4)No appeal under this section shall be entertained by the Appellate Board, unless the appellant has, at the time of filling 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 Appellate Board 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 order in writing, dispense with 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 (4), the Appellate Board 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 the decision of the Appellate Board shall be final; and
(a)if the sum deposited by way of penalty under sub-section (4) exceeds the penalty directed to be paid by the Appellate Board, the excess amount, or
(b)if the Appellate Board sets aside the order imposing penalty, the whole of the sum deposited by way of penalty, shall be refunded to the appellant.