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28. Civil liability and adjudication.-

(1) A person to whom a permit, licence or lease is granted under this Act,-

(a) contravenes the general terms and conditions imposed by the rules made under this Act shall be liable to pay to the Central Government an amount which shall not be less than five lakh rupees and which may extend to one crore rupees;

(b) contravenes any particular terms and conditions applicable only in case of such permittee, licensee or lessee as the case may be, shall also be liable, apart from the liability under clause (a), to

pay additional amount to the Central Government which shall not be less than one lakh rupees and which may extend to ten lakh rupees.

(2) No court or other authority except the authorised officer designated by the Central Government for this purpose, shall have jurisdiction to hear and decide the cases relating to clauses (a) and (b) of sub-section (1).

(3) An officer of the Central Government who has been authorised by that Government to file an application before the authorised officer designated under sub-section (2), shall file an application against licensee, lessee or permittee, as the case may be, indicating the civil wrong committed by him under clause (a) or clause (b) of sub-section (1) in such manner as may be prescribed.

(4) When an application is filed under sub-section (3), before an authorised officer designated under sub-section (2), he shall serve notice along with the copy of such application to the person, against whom the application is made, to provide him an opportunity to file reply to the application in the prescribed manner and the authorised officer shall dispose of the case after considering the evidence produced either in support or in opposition to the application and after providing the opportunity of hearing.

(5) For the purposes of this section, the authorised officer designated under sub-section (2), shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:-

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents;

(c) receiving evidence on affidavits;

(d) issuing commissions for the examination of witnesses or documents;

(e) reviewing its decisions; and

(f) any other matter which may be prescribed.



Offshore Areas Mineral (Development and Regulation) Act, 2002 Back




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