³[35B. (1) The ⁴[Board] may rectify any mistake which is apparent from the record in any order passed by it under any of the provisions of this Act or the rules made thereunder on its own motion or on an application made by a person affected by the order within one year of the passing of such order: Provided that no such rectification which has the effect of enhancing any penalty or fine or requiring the payment of a greater amount of duty shall be made unless the person affected by the proposed rectification has been given an opportunity of being heard. (2) No order under this section shall be passed after the expiry of three years from the date of passing of the order which is sought to be rectified. (3) No proceedings under sub-section (1) shall be initiated in a case where an application under section 36 has been made, and, where any such application is pending, the proceeding so initiated shall abate.]