Appeal - Section 60

¹[(1)] Any person aggrieved by an order made under section 55²[56, 57 or 57A] may appeal to the State Government³[or to such Officer as the State Government may by order specify (hereinafter referred to as "the specified Officer")] within thirty days from the date of such order.

⁴[(2) An appeal under this section shall be preferrred in duplicate in the form of a memorandum, setting forth concisely the grounds of objection to the order appealed against, and shall be accompanied by that order of a certified copy thereof.

(3) On receipt of such appeal the State Government⁵[or the specified Officer] may, after giving a reasonable opportunity to the appellant to be heard either personally, or by a pleader, advocate or attorney and after such further inquiry, if any, as it may deem necessary, confirm, vary or cancel, or set aside the order appealed against,⁶[or remand the case for disposal with such directions as it or he thinks fit, and make its or his order] accordingly:

Provided that the order appealed against shall remain in force pending the disposal of the appeal, unless the State Government⁷[or the specified Officer] otherwise directs.

⁸[Explanation.--For the purposes of this sub-section the power to vary the order appealed against shall include, and shall be deemed always to have included, the power to hold such order in abeyance and to make conditional order permitting the person to enter or return to the area or such areas and any contiguous districts or part thereof, or to the specified area or areas, as the case may be, from which he was directed to remove himself.]

(4) In calculating the period of thirty days provided for an appeal under this section, the time taken for granting a certified copy of the order appealed against shall be excluded.]

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1. This section was renumbered as sub-section (1) by Bom. 34 of 1959, s. 20.

2. These figures, word and letters were substituted for the figures and word "56 or 57" by Mah. 15 of 1976, s. 4, Sch.

3. These words were inserted by Mah. 3 of 1995, s. 5(a).

4. Sub-sections (2), (3) and (4) were added by Bom. 34 of 1959, s. 20.

5. These words were inserted by Mah. 3 of 1995, s. 5(b).

6. These words were substituted for the words "and make its order" by Mah. 3 of 1995, s. 5(b)(ii).

7. These words were inserted by Mah. 3 of 1995, s. 5(b).

8. This explanation was added by Mah. 3 of 1995, s. 5(b).