23A. Adjudication of penalties
23A. Adjudication of penalties.—(1) For the purpose of adjudicating penalties under section 23, the State Government may appoint an officer not below the rank of Sub-Divisional Magistrate (Revenue Assistant) to be the adjudicating officer for holding an inquiry and imposing penalties in such manner as may be prescribed:
Provided that the State Government may appoint as many adjudicating officers as may be required:
Provided further that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.
Whoever is aggrieved by an order passed by the adjudicating officer under sub-section (1) may, within thirty days from the date of receipt of such order, prefer an appeal to an officer not below the rank of Additional District Magistrate or Deputy Commissioner (Revenue), as may be appointed by the State Government as an appellate authority, in such form and manner as may be prescribed.
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.
The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such an order as he may think fit.
An appeal under sub-section (2) shall be disposed of within sixty days from the date of filing.
If a 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.
Amendment notes (1)
- 1Ins w.e.f. 15-5-2026 Ins. by Act 8 of 2026, s. 2 and Sch. (w.e.f. 15-5-2026).