Adjudication of penalties.

–(1) For the purpose of adjudicating penalties under section 58, the Chairperson of the State Council shall be the adjudicating authority to hold inquiry and imposing penalties in such manner as may be prescribed:

Provided that for the States where the State Councils have not been established, the Chairperson of the Commission shall perform the functions of the adjudication authority under sub-section (1) till such State Councils are established:

Provided further that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.

1. (2) Whoever is aggrieved by an order of the adjudicating authority under sub-section (1) except the proviso thereof, may, within a period of thirty days from the date of receipt of such order, prefer an appeal to the Chairperson of the Commission, who shall be the appellate authority, in such form and manner as may be prescribed: Provided that where the Chairperson of the Commission has performed the functions of the adjudicating authority under the first proviso to sub-section (1), the appeal shall lie to the Secretary to the Government of India, as may be appointed by the Central Government in this behalf.
2. (3) The appellate authority may admit an appeal after the expiry of the said period of thirty days, if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.
3. (4) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such an order as he may deem fit.
4. (5) An appeal under sub-section (2) shall be disposed of within sixty days from the date of filing.
5. (6) If penalty imposed by the adjudicating officer under sub-section (1) or by an order of the appellate authority under sub-section (4), as the case may be, is not deposited, the amount shall be recovered as an arrear of land revenue.]

¹ Subs. by Act 8 of 2026, s. 2 and Sch., for certain words (w.e.f. 01.07.2026).

² Ins. by s. 2 and Sch. ibid. (w.e.f. 01.07.2026).