Power to adjudicate
—(1) For the purposes of adjudication under section 33A and imposing a
penalty there under, the Authority shall appoint an officer of the Authority, who is not below the rank of a
Joint Secretary to the Government of India and possessing such qualification and experience as may be
prescribed, to be an Adjudicating Officer for holding an inquiry in such manner as may be prescribed.
(2) No inquiry under sub-section (1) shall be initiated except by a complaint made by the Authority.
(3) While holding an inquiry, the Adjudicating Officer shall—
(a) provide the entity in the Aadhaar ecosystem against whom complaint is made, an opportunity of
being heard;
(b) have the power to summon and enforce the attendance of any person acquainted with the facts
and circumstances of the case to give evidence or to produce any document which, in the opinion of
the Adjudicating Officer, may be useful for or relevant to the subject matter of the inquiry.
(4) If the Adjudicating Officer, on such inquiry, is satisfied that the entity in the Aadhaar ecosystem
has failed to comply with any provision of this Act or the rules or regulations made there under or
directions issued by the Authority under section 23A, or has failed to furnish any information, document,
or return of report required by the Authority, the Adjudicating Officer may, by order, impose such penalty
under section 33A as he thinks fit.
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