| CHAPTER
VIII
PENALTIES AND ADJUDICATION |
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26 |
(1) If any person fails
to comply with the provision of clause (c) or the
clause (d) or clause (h) or clause (i) or clause (k)
or clause (l) or clause (n) or clause (r) or clause
(s) of section 14 or clause (b) or clause (c) or clause
(h) of section 15, he shall be liable to a penalty
which shall not exceed ten thousand rupees for each
such failures and, in the case of continuing failures,
with an additional penalty which may extend to one
thousand rupees for every day during which such failures
continues |
Penalty |
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Provided that no person shall be
liable to pay penalty within five years from the date
of commencement of this Act. |
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(2) Any amount payable under this
section, if not paid, may be recovered as if it were
an arrear of land revenue. |
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27 |
(1) For the purpose of adjudging
section 26, the State Commission shall appoint any
of its members to be an adjudicating officer for
holding an inquiry in such manner as may be prescribed
by the Central Government, after giving any person
concerned a reasonable opportunity of being heard
for the purpose of imposing any penalty.
(2) While holding an inquiry the adjudicating officer
shall have power to summon and enforce the attendance
of any person acquainted with the facts and circumstances
of the case of give evidence or produce any document
which in the opinion of the adjudicating officer,
may be useful for or relevant to the subject-matter
of the inquiry, and if, on such inquiry, he is satisfied
that the person has failed to comply with the provisions
of any of the clauses of the sections specified
in section 26, he may impose such penalty as he
thinks fit in accordance with the provisions of
any of those clauses of that section:
Provided that where a State Commission has not been
established in a State, the Government of that State
shall appoint any of its officer not below the rank
equivalent to a Secretary dealing with legal affairs
in that State to be an adjudicating officer for
the purposes of this section and such officer shall
cease to be an adjudicating officer immediately
on the appointment of an adjudicating officer by
the State Commission on its establishment in that
State:
Provided further that where an adjudicating officer
appointed by a State Government ceased to be an
adjudicating officer, he shall transfer to the adjudicating
officer appointed by the State Commission all matters
being adjudicated by him and thereafter the adjudicating
officer appointed by the State Commission shall
adjudicate the penalties on such matters.
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Power to adjudicate |
| Factors to be taken into
account by adjudicating officer |
28 |
While adjudicating the quantum of
penalty under section 26, the adjudicating officer
shall have due regard to the following factors, namely:- |
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(a) the amount of
disproportionate gain or unfair advantage, wherever
quantifiable, made as a result of the default; |
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(b) the repetitive
nature of the default. |
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| Civil court not to have jurisdiction |
29 |
No civil court shall have jurisdiction
to entertain any suit or proceeding in respect of
any matter which an adjudicating officer appointed
under this Act or the Appellate Tribunal is empowered
by or under this Act to determine and no injunction
shall be granted by any court or other authority in
respect of any action taken or to be taken in pursuance
of any power conferred by or under this Act. |
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