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State of West Bengal - Section

Section 19 in The West Bengal Marine Fishing Regulation Act, 1993

19. Appeal against order of adjudicating officer.

(1)Any person aggrieved by an order of the adjudicating officer may, within thirty days from the date of such order, prefer an appeal to the appellate authority:Provided that the appellate authority may entertain any appeal after the expiry of the said period of thirty days, but not beyond sixty days from the date of the order appealed against if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period of thirty days.
(2)No appeal under this section shall be entertained by the 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 appellate authority may, if it is of the opinion that such deposit 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.
(3)On receipt of an appeal under sub-section (1), the appellate authority may, after holding such enquiry as it may deem 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 authority shall be final:Provided that-
(a)if the sum deposited by way of penalty under sub-section (2) exceeds the penalty directed to be paid by the appellate authority, the excess amount, or
(b)if the appellate authority sets aside the order imposing penalty, the whole of the sum deposited by way of penalty,
shall be refunded to the appellant.