16. Appointment of Adjudicating Authority.—
(1) For the purpose of adjudication under
section 13, the Central Government may, by an order published in the Official Gazette, appoint as many
officers of the Central Government as it may think fit, as the Adjudicating Authorities for holding an
inquiry in the manner prescribed after giving the person alleged to have committed contravention under
section 13, against whom a complaint has been made under sub-section
(3) (hereinafter in this section
referred to as the said person) a reasonable opportunity of being heard for the purpose of imposing any
penalty:
Provided that where the Adjudicating Authority is of opinion that the said person is likely to abscond
or is likely to evade in any manner, the payment of penalty, if levied, it may direct the said person to
furnish a bond or guarantee for such amount and subject to such conditions as it may deem fit.
(2) The Central Government shall, while appointing the Adjudicating Authorities under
sub-section
(1), also specify in the order published in the Official Gazette, their respective jurisdictions.
(3) No Adjudicating Authority shall hold an enquiry under sub-section
(1) except upon a complaint in
writing made by any officer authorised by a general or special order by the Central Government.
(4) The said person may appear either in person or take the assistance of a legal practitioner or a
chartered accountant of his choice for presenting his case before the Adjudicating Authority.
(5) Every Adjudicating Authority shall have the same powers of a civil court which are conferred on
the Appellate Tribunal under sub-section
(2) of section 28 and—
(a) all proceedings before it shall be deemed to be judicial proceedings within the meaning of
sections 193 and 228 of the Indian Penal Code (45 of 1860);
(b) shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of
Criminal Procedure, 1973 (2 of 1974).
(6) Every Adjudicating Authority shall deal with the complaint under sub-section
(2) as expeditiously
as possible and endeavour shall be made to dispose of the complaint finally within one year from the date
of receipt of the complaint:
Provided that where the complaint cannot be disposed of within the said period, the Adjudicating
Authority shall record periodically the reasons in writing for not disposing of the complaint within the
said period.
