(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.
20. The appellate authority may call for and examine the records of any proceeding before an adjudicating officer or an authorised officer for the purpose of satisfying itself as to the legality or propriety of any finding or order or as to the regularity of the proceeding, and may make such order in respect thereto as it may think fit:
Provided that no such order shall be made except after giving the parties concerned a reasonable opportunity of being heard.
Appeal against order of adjudicating officer.
Revision by appellate authority.
119 The West Bengal Marine Fishing Regulation Act, 1993.
[West Ben. Act (Chapter 1V.—Penalties.—Sections 21, 22.)
Power of 21. (1) The adjudicating officer and the appellate authority shall, adjudicating officer and while holding an enquiry under this Act, have the same powers as are appellate vested in a civil court under the Code of Civil Procedure, 1908, while 5 of 1908.
authority in relation to trying a suit, in respect of the following matters:— holding of enquiry. (a) summoning and enforcing the attendance of any witness and examining him on oath;
(b) requiring the discovery and production of any document;
(c) requisitioning any public record or copy thereof from any court or office;
(d) receiving evidence on affidavit;
(e) issuing commission for the examination of witness or document.
(2) The adjudicating officer or the appellate authority shall, while exercising any power under this Act, be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973. 2 of 1974.
Offences by companies.