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Section 10M: Appeal

The Export (Quality Control and Inspection) Act, 1963Central Act · Act 22 of 1963

[10M. Appeal.--(1) Any person aggrieved by any decision or order made under this Act may prefer an appeal,--

(a) where the decision or order has been made by the Director of Inspection and Quality Control, to the Central Government;

(b) where the decision or order has been made by any officer subordinate to the Director of Inspection and Quality Control, to the Director of Inspection and Quality Control.

within a period of forty-five days from the date on which the decision or order is served on such person:

Provided that the appellate authority may if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the aforesaid period of forty-five days, allow such appeal to be preferred within a further period of forty-five days:

Provided further that in the case of an appeal against an order imposing a penalty, no such appeal shall be entertained unless the amount of the penalty has been deposited by the appellant:

Provided also that where the appellate authority is of the opinion that the deposit to be made will cause undue hardship to the appellant, it may at its discretion, dispense with such deposit either unconditionally or subject to such conditions as it may impose.

(2) The appellate authority may, after giving to the appellant a reasonable opportunity of being heard, if he so desires, and after making such further inquiries, if any, as it may consider necessary, pass such orders as it thinks fit, confirming modifying or reversing the decision or order appealed against or may send back the case, with such directions as it may think fit, for afresh adjudication or decision, as the case may be, after taking additional evidence, if necessary:

Provided that an order enhancing or imposing a penalty or confiscating commodity of a greater value shall not be made under this section unless the appellant has had an opportunity of making a representation and, if he so desires, of being heard, in his defence.]

Where this provision sits

ActThe Export (Quality Control and Inspection) Act, 1963
Section10M
Marginal noteAppeal
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • inserted, Act 40 of 1984. . Ins. by Act 40 of 1984, s. 5 (w.e.f. 2-7-1984).

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