PART I] THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 1, 2024 33 CHAPTER- XII Appeal and Review 56. Appellate Authority. – (1) In case of a Dealer, the District Controller shall be the First Appellate Authority and the Director shall be the Second Appellate Authority. (2) In case of a Distributor, the Director shall be the First Appellate Authority and the Secretary shall be the Second Appellate Authority. 57. Appeal. – (1) A licensee, who is aggrieved by an order of the Licensing Authority passed under Chapter IX, may within thirty (30) days from the date of receipt of such order prefer an appeal to the First Appellate Authority: Provided that the First Appellate Authority may admit the appeal after the expiry of the period of thirty days (30) but not exceeding the period of 60 (sixty) days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) A second appeal against the order under sub-clause (1) shall lie within thirty (30) days from the date of receipt of such order by the appellant, with the Second Appellate Authority: Provided that the Second Appellate Authority may admit the appeal after the expiry of the period of thirty days (30) but not exceeding the period of 60 (sixty) days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (3) An appeal under sub-section (1) or sub-section (2) shall be disposed of by First or Second Appellate Authority, as the case may be, within thirty (30) days of the receipt of the appeal. However, the appeal shall be disposed of within sixty (60) days of the receipt of the appeal in special circumstances and reasons for such delay shall be recorded in writing. (4) While disposing the appeal, the First Appellate Authority or the Second Appellate Authority, as the case may be, has the power to— (a) require the licensing authority to produce the record of proceedings against which the appeal has been preferred; (b) enhance or reduce, or vary the penalties imposed upon the licensee; (c) impose any of the other or additional penalties provided under these Order; (d) reject the appeal. (5) The decision of the Appellate Authority shall be binding on all the parties. (6) Pending the disposal of an appeal, the Appellate Authority may direct that the order under appeal shall not take effect for such period as the authority may consider necessary for giving a reasonable opportunity to the other party or until the appeal is disposed of, whichever is earlier. 58. Review. – The Secretary may suo motto or upon a representation made in this behalf, call for the records related to the order passed under the provisions of this Order by the licensing authority and if he is satisfied that the authority has– (a) exercised such powers which are not entrusted to him, (b) exercised his powers illegally without considering the facts of the case, (c) has failed in use of his powers, he may review such order and pass an order confirming, altering, modifying or rescinding the order of the authority which he thinks fit and proper.