Adjudication of Penalties

58.

1. (1) The State Government, for the purposes of determining the penalties under sections 26, 27, 28, 29, 33, 35, 40, 49, 50, 51 and 52 may, by an order, authorise officers of Assam Fire and Emergency Services, not below the rank of District Fire Officer having such jurisdiction, to be the Adjudicating Officer for holding inquiry and imposing penalty under the provisions of this Act in the manner as may be prescribed.
2. (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 failed to comply with the provisions of this Act as mentioned in sub-section
3. (1) above, he may impose such penalty as he thinks fit in accordance with the provision of this Act: Provided that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.
4. (3) Whoever, is aggrieved by the order, passed by the adjudicating officer under sub-section
5. (1) of this section, may prefer an appeal to the Regional Fire Officer, Assam within a period of thirty days from the date of receipt of such order in such form and manner as may be prescribed.
6. (4) An appeal may be admitted after the expiry of the period of thirty days, if the appellant satisfies the Appellate Authority that he had sufficient cause for not preferring the appeal within that period.
7. (5) No appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being heard.
8. (6) An appeal under sub-section
9. (3) above, shall be disposed of within sixty days from the date of filing.