28. Penalty and adjudication
28. Penalty and adjudication.—(1) Whoever,—
contravenes any provision of this Act, other than those covered under sub-sections (1), (2) and (3) of section 23;
contravenes the provisions of the rules made under this Act [except rules made under clause (pa) of sub-section (2) of section 35];
contravenes the terms and conditions of the operating right granted to him; or
fails to furnish the required data, or information, or document under sub-section (2) of section 5 in the manner provided therein, shall be liable to penalty which shall not be less than ten lakh rupees but which may extend to one crore rupees.
Where any person continues contravention under sub-section (1), even after direction of adjudicating officer appointed under sub-section (3) regarding such contravention, he shall be liable to additional penalty of one lakh rupees for every day during which such contravention continues.
For the purpose of adjudication of penalties under sub-section (1), the Central Government shall appoint an officer not below the rank of Deputy Secretary to the Government of India to be the adjudicating officer, for holding an inquiry and imposing the penalty in the 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.
Amendment notes (1)
- 1Subs w.e.f. 1-8-2026 Subs. by Act 8 of 2026, s. 2 and Sch., for Chapter V (w.e.f. 1-8-2026)