Air (Prevention And Control of Pollution) Act, 1981
Section - 39A - Adjudicating officer
[Adjudicating officer.39A. (1) The Central Government, for the purposes of determining the penalties under sections 37, 38, 38A and section 39, shall appoint an officer not below the rank of Joint Secretary to the Government of India or a Secretary to the State Government to be the adjudicating officer, to hold an inquiry and to impose the penalty in the manner, as may be prescribed:Provided that the Central Government may appoint as many adjudicating officers as may be required.(2) The adjudicating officer may summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to 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 concerned has contravened the provisions of this Act, he may determine such penalty as he thinks fit under the provisions of sections 37, 38, 38A or 39, as the case may be:Provided that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.(3) The amount of penalty imposed under the provisions of sections 37, 38, 38A or 39, shall be in addition to the liability to pay relief or compensation under section 15 read with section 17 of the National Green Tribunal Act, 2010 (19 of 2010).]
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