Amendment status not verified — confirm the current text below against the official source.
(1) The authorised Excise Officer sh?!_l ~ investigation of any offence committed under this Regulatio~ send his report 'to th.e Deputy Commissioner. (2) The Deputy Commissioner after scrutiny 'ofthe investigation report shall decide as to whether alleged offence is major or minor and In the case of major offences, he shall decide within such period as may be prescribed. es per the"gravity of offence. whether the matter be referred to- .'.''' (a) a court of ordinary jurisdiction in case of offences punishable with imprisonment for a term which may extend to three years; or ( b) a special court in case of offences punishable with imprisonment for a term exceedingthree-years where such special cqtirt is established, and in case no special court IS-established, such cases shall be triea by a court of ordinary jurisdiction., (3) The. Deputy Commissioner shall communicate his decision to concerned Excise Officer, who shall launch prosecution before courts of ordinary jurisdiction or special court, as the case may be. . '61 .. (I) All minor offences shall be adjudicated by an Acijl!J(licating Officer under this Regulation. . (1) The Administrator shall, by notification, appoint an officer not below the rank of an Additional District Magistrate of tho district where the alleged offence is committed, to be the Adjudicating Officer for adjudication in the manner as may be prescribed. (3) The Adjudicating Officer shall, after giving the person a reasonable opportunity for making representation in the matter, and if, on such inquiry, he is satisfied that the person has contravened the provisions of this Regulation or the rules made thereunder, impose such penalty as he thinks fit in accordance with the provisions relating to that offence. (4) The Adjudicating Officer shall have the powers of a civil court and - (a) all proceedings before him shall be deemed to be j,udicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code; 45 of 1860. (b) shall be deemed to be a court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973. 2 of 1974. (5) While adjudicating the quantum of penalty under this Chapter, the Adjudicating Officer shall have due regard to the guidelines specified in section 63. ~- - -: r " '/ , / l 2 of 1974. :)EC. I] THE GAZETTE OF IND.lA EXTRAORDINARY