Section 61 in The Andaman and Nicobar Islands Excise Regulation, 2012
61. Procedure for adjudication in case of minor offences.- (1) All minor offences shall be adjudicated by an Adjudicating Officer under this Regulation.
(2)The Administrator shall, by notification, appoint an officer not below the rank of an Additional District Magistrate of the 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 judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code;(b)shall be deemed to be a court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973.(5)While adjudicating the quantum of penalty under this Chapter, the Adjudicating Officer shall have due regard to the guidelines specified in section 63.
