Appointment of Adjudicating Officers, Appeal and Recovery

The provisions relating to 'Appointment of Adjudicating Officers' for the purpose of determining the quantum of the fines and penalties in the enactments mentioned in column

1. (4) of the said Schedule, and the procedure for the 'Appeal' and 'Recovery' thereof, shall be as follows:– "(1) Appointment of Adjudicating Officers.–
   • (a) For the purpose of determining the penalties under the enactments, an Officer may be designated to function as an 'Adjudicating Officer' and shall be authorized to hold an inquiry and impose penalty, in the manner as may be prescribed: Provided that as many Adjudicating Officers as may be required, shall be nominated.
   • (b) The Adjudicating Officer may summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document, which in the opinion of the Adjudicating Officer, may be useful for, or relevant to, the subject-matter of the inquiry and if, on such inquiry, he is satisfied that the person concerned has failed to comply with the provisions of the enactment, he may impose penalty: Provided that no such penalty shall be imposed without giving the person concerned, a reasonable opportunity of being heard in the matter.
2. (2) Appeal.–
   • (a) Whoever is aggrieved by the order passed by the Adjudicating Officer under sub-section (1) above, may prefer an appeal to the Appellate Authority, who shall be an Officer not below the rank of Secretary to Government of the concerned Department to which the enactment relates, within thirty days from the date of receipt of the order, in such manner as may be prescribed.
   • (b) An appeal may be admitted after the expiry of the period of thirty days if the Appellant satisfies the Appellate Authority that he had sufficient cause for not preferring the appeal within that period and the decision of the Appellate Authority, shall be the final and binding on the Appellant.
   • (c) The Appellate Authority may, after giving the parties to the appeal, an opportunity of being heard, pass such order as he thinks fit.
   • (d) The Appellate Authority shall dispose of the appeal within sixty days from the date of filing.
3. (3) Recovery.– Notwithstanding anything contained in this Act, if penalty imposed by the Adjudicating Officer under sub-section (1), or order of the Appellate Authority under sub-section
4. (2) above, as the case may be, is not deposited, the amount shall be recovered as an arrears of land revenue."