Section 34 in West Bengal Clinical Establishments (Registration and Regulation) Act, 2010
34. Adjudication.
(1)For the purposes of adjudication under this Chapter, an officer not below the rank of Additional District Magistrate of the district where the alleged offence is committed shall be notified by the State Government as the Adjudicating authority for adjudication in the manner as may be prescribed:Provided that for the district of Kolkata an officer not below the rank of Joint Secretary to the State Government as may be appointed by notification by the State Government shall be the Adjudicating authority.Explanation. - For the purposes of this section, the word 'Kolkata' shall have the same meaning as defined in clause (9) of section 2 of the Kolkata Municipal Corporation Act, 1980 (West Ben. Act LIX of 1980).(2)The Adjudicating authority, on receipt of a complaint from the licensing authority that any person has committed a contravention under sections 27, 28, subsection (1) of section 29, and section 30 of this Act, 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 committed the contravention of provisions of this Act or the rules or the regulations made thereunder, impose such penalty as he thinks fit in accordance with the provisions of this Act.(3)The Adjudicating Authority shall have the powers of a civil court and-(a)all proceedings before him shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code, 1860 (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).(4)While adjudicating the quantum of penalty under this Chapter, the Adjudicating authority shall have due regard to the guidelines specified in section 32.
