(1) Any other contravention under this Regulation shall be adjudicated by an Adjudicating Officer.
(2) The Administrator shall, by notification, appoint an officer not below the rank of an Additional District Magistrate of the district where the alleged contravention occurred, to be the Adjudicating Officer for adjudication in such manner as may be prescribed.
(3) The Adjudicating Officer shall, after giving the person a reasonable opportunity for making representation in the matter, and if, on such inquiry, he is satisfied that the person has contravened the any of the provisions of this Regulation or any rule made, or notification or order issued, thereunder, impose such penalty as he thinks fit in accordance with the provisions relating to that contravention.
Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 17 45 of 2023.
46 of 2023.
46 of 2023.
(4) The Adjudicating Officer shall have the powers of a Civil Court and all the proceeding before him shall be deemed to be
(a) a judicial proceeding within the meaning of sections 229 and 267 of the Bharatiya Nyaya Sanhita, 2023;
(b) a Court for the purposes of sections 384 and 385 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(5) While adjudicating the quantum of penalty under this Chapter, the Adjudicating Officer shall have due regard to the provisions of section 71.