Section 9A — Adjudication.

1 [ 9A. Adjudication. --- (1) The Central Government shall, by notification in the Official Gazette, make rules for providing eligibility criteria for designating an adjudicating authority and for the manner of conducting inquiry and imposing penalty under the provisions of this Act: Provided that no officer below the rank of Joint Secretary to the Government of India shall be designated as an adjudicating authority. (2) The adjudicating authority 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 his opinion 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 or the rules made thereunder, he may determine such penalty in accordance with the provisions of this Act. (3) No penalty shall be imposed on any person under this section or any rules made thereunder without affording an opportunity of being heard.]

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