Section 3A — Authority for imposing penalty, appeal and procedure thereof

[3A. Authority for imposing penalty, appeal and procedure thereof.-- (1) The Deputy Chairman, Calcutta Dock Labour Board, shall be the adjudicating authority for the purpose holding an inquiry and imposing penalty for contravention of a scheme in accordance with sub-section (3) of section 3, in such manner as may be prescribed by rules:

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

(2) Any person aggrieved by an order of the adjudicating officer under sub-section (1), may, within thirty days from the date of receipt of such order, prefer an appeal to the Chairman, Calcutta Dock Labour Board, who shall be the appellate authority, in such form and manner as may be prescribed by rules.

(3) An appeal may be admitted 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.

(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.

(5) An appeal under sub-section (2) shall be disposed of within sixty days from the date of filing.

(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.]