Adjudication of penalties.

1. (1) For the purpose of adjudicating penalties under sections 41 and 42, the Central Government shall appoint an officer not below the rank of Deputy Secretary to the Government of India as an adjudicating officer for holding an inquiry and imposing penalties in such manner as may be prescribed: Provided that the Central Government may appoint as many adjudicating officers as may be required: Provided further that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.
2. (2) Whoever is aggrieved by an order of the adjudicating officer under sub-section (1) may, within thirty days from the date of receipt of such order, prefer an appeal to the Director General in such form and manner as may be prescribed.
3. (3) The appellate authority may admit an appeal after the expiry of the said period of thirty days, if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.
4. (4) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such an order as he may deem fit.
5. (5) An appeal under sub-section (2) shall be disposed of within sixty days from the date of filing.
6. (6) If penalty imposed by the adjudicating officer under sub-section (1) or by an order of the appellate authority under sub-section (4), as the case may be, is not deposited, the amount shall be recovered as an arrear of land revenue.]

¹ Subs. by Act 8 of 2026, s. 2 and Sch., for certain words (w.e.f. 08-07-2026).

² Subs. by s. 2 and Sch., ibid., for “liable for punishment” (w.e.f. 08-07-2026).

³ Subs. by s. 2 and Sch., ibid., for “for fine” (w.e.f. 08-07-2026).

⁴ Ins. by s. 2 and Sch., ibid. (w.e.f. 08-07-2026).