Karnataka Act 7 of 1997 - [dpal.kar.nic.in] - Karnataka

(b) notwithstanding anything contained in the Code of Criminal Procedure 1973(Central Act 2 of 1974), on a application to a magistrate, by such magistrateas if it were a fine imposed by him.(4) after section 9, the following shall be inserted, namely:-“9A. Appeals.- (1) A licensed book maker objecting to an order affecting himpassed under the provisions of sections 8-A may within thirty days from the date ofcommunication of such order, appeal to the Commissioner:Provided that the Commissioner may admit an appeal preferred after period of thirtydays aforesaid if he is satisfied that the licensed book maker had sufficient cause for notpreferring the appeal with that period.(2) No appeal shall be entertained unless it is accompanied by satisfactory proof ofpayment of the betting tax and penalty not disputed in the appeal.(3) Notwithstanding that an appeal has been preferred under sub-section (1), the taxor other amount shall be paid in accordance with the order against which the appeal hasbeen preferred:Provided that the commissioner may, in his discretion, give such directions as hethinks fit in regard to the payment of tax or other amount payable under this sub-section,if the licensed book maker furnishes sufficient security to his satisfaction.(4) The appeal shall be in the prescribed form and shall be verified in the prescribedmanner.(5) In disposing of an appeal, the Commissioner may, after giving the licensed bookmaker a reasonable opportunity of being heard, pass such orders as he thinks fit.(6) Every order passed in appeal under this section shall subject to the provision ofsection 9-B, be final.“9-B. Appeal to High Court.- (1) Any licensed book maker objecting to an orderpassed by the Commissioner under section 9A, may appeal to the High Court withinsixty days from the date on which the order was communicated to him:Provided that the High Court may admit an appeal preferred after the period of sixtydays aforesaid, if it is satisfied that the licensed book maker had sufficient cause for notpreferring the appeal within that period.(2) The appeal shall be in the prescribed form, shall be verified in the prescribedmanner and shall be accompanied by a fee of five hundred rupees.(3) The High Court shall, after giving both parties to the appeal a reasonableopportunity of being heard, pass such order thereon as it thinks fit.X X X X* * * *