section 9
Substitution of sections 13 and 14
Jammu and Kashmir Laws (Amendment) Act, 1992General199217 sections
Statutory text
Substitution of sections 13 and 14.--For sections 13 and 14 of the Levy of Tolls Act, the following shall be substituted, namely:- "13. Offence by whom punishable.--(1) The officer-in-charge of the toll-gate or station may, by order, impose fine on any person guilty of an offence under section 8.
- (2) Before passing an order under sub-section (1), such officers shall give the person in the default an opportunity of being heard.
- (3) The fine imposed under sub-section
- (1) may on a requisition being made in this behalf by the officer inflicting fine, be realised by a Magistrate having jurisdiction as if it had been inflicted by himself. 14. Appeal and revision.--(1) Any person aggrieved by an order passed under sub-section
- (1) of section 13 may, within a period of three months from the date of such order, prefer an appeal before the Deputy Excise Commissioner (Executive) of the Province where such order has been passed by an officer below the rank of Deputy Commissioner and in any other case, before the Excise Commissioner.
- (2) Every order passed in appeal under this section shall, subject to the powers of revision conferred by sub-sections
- (3) and
- (4) be final.
- (3) The Excise Commissioner may, at any time, call for and examine the record of any order passed by the Deputy Commissioner under sub-section (1), for the purpose of satisfying himself as to the legality of such order and may pass such order in reference thereto, as he may deem fit.
- (4) The Government may, at any time, call for and examine the record of any order passed by the Excise Commissioner under sub-section
- (1) for the purpose of satisfying itself as to the legality of such order and may pass such order in reference thereto as it may deem fit: Provided that no order under sub-section
- (3) or sub-section (4), which is prejudicial to any person, shall be passed without giving such person an opportunity of being heard."
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