Section 9D. Arbitrator to have certain powers of civil courts

9D. Arbitrator to have certain powers of civil courts.— The arbitrator appointed under section 9B, while holding arbitration proceedings under this Act, shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely: — (a) summoning and enforcing the attendance of any person and examining him on oath; - (b) requiring the discovery and production of any document; - (c) reception of evidence on affidavits; - (d) requisitioning any public record from any court or office; - (e) issuing commissions for examination of witnesses.] 1[10. Penalty for act in contravention of rule made under this Act.— (1) If any person contravenes any provision of any rule made under clause (1) of sub-section (2) of section 5 prohibiting or regulating the carriage in aircraft of arms, explosives or other dangerous goods, or when required under the rules made under that clause to give information in relation to any such goods gives information which is false and which he either knows or believes to be false or does not believe to be true he, and if he is not the owner, the owner also (unless the owner proves that the offence was committed without his knowledge, consent or connivance) shall be punishable with imprisonment which may extend to two years and shall also be liable to[2] [fine which may extend to[3] [one crore rupees]]. 4[(1A) If any person contravenes any provision of any rule made under 5[clause (qa)] of sub-section (2) of section 5 prohibiting the slaughter and flaying of animals and of depositing rubbish, filth and other polluted and obnoxious matters within a radius of ten kilometres from the aerodrome reference point, he shall be punishable with imprisonment which may extend to[6] [three years, or with fine which may extend to[3] [one crore rupees]], or with both.] (1B) Notwithstanding anything contained in the Code of Criminal Procedure) 1973 (2 of 1974), an offence referred to in sub-section (1A) shall be cognizable.] 1. Subs. by Act 44 of 1960, s. 4, for section 10 (w.e.f. 26-11-1960). 2. Subs. by Act 44 of 2007, s. 11, for "fine" (w.e.f. 1-2-2008). 3. Subs. by Act 13 of 2020, s. 6, for "ten lakh rupees" (w.e.f. 19-9-2020). 4. Ins. by Act 50 of 1988, s. 2, (w.e.f. 23-9-1988). 5. Subs. by Act 13 of 2020, s. 6, for "clause (qq)" (w.e.f. 19-9-2020). 6. Subs. by Act 44 of 2007, s. 11, ibid., for "one year, or fine which may extend to two thousand rupees" (w.e.f. 1-2-2008). (2) In making any other rule under section 5 or in making any rule under[1] [section 4, section 7], section 8,section 8A or section 8B, the Central Government may direct that a breach of it shall be punishable with imprisonment for a period which may extend to[2] [two years, or with fine which may extend to[3] [one crore rupees]], or with both. 4[10A. Adjudication of penalties.— (1) Notwithstanding anything contained in sub-section (2) of section 10, the Central Government may, in making any rule under section 4, 5, 7, 8, 8A or section 8B, provide for imposition of penalty not exceeding rupees one crore for the contravention of any rule for which no other punishment has been provided elsewhere in the Act, or in the rules made thereunder, for such contravention. (2) The Central Government may, by an order published in the Official Gazette, appoint such number of officers not below the rank of Deputy Secretary to the Government of India or equivalent, as it considers necessary, to be designated officers for adjudging penalty under sub-section (1), in such manner as the Central Government may, by notification in the Official Gazette, make rules. (3) The Central Government may, while appointing designated officers under sub-section (2), also specify their jurisdiction in that order. (4) Where the designated officer is satisfied that any contravention of the provisions of the rules has been committed by any person, he may, by an order in writing, impose penalty on such person stating the nature of contravention, the provision of rules which has been contravened and the reasons for imposing such penalty: Provided that the designated officer shall, before imposing any penalty, give a reasonable opportunity of being heard to such person. (5) Any person aggrieved by an order made under sub-section (4) may prefer an appeal to an appellate officer having jurisdiction in the matter who is next higher in rank to the designated officer who has passed such order. (6) Every appeal under sub-section (5) shall be filed within thirty days from the date on which the copy of the order made by the designated officer is received by the aggrieved person and shall be in such form and manner, and be accompanied by such fees, as the Central Government may, by notification in the Official Gazette, make rules. (7) The appellate officer may, after giving the parties to the appeal an opportunity of being heard, pass such order as he thinks fit, confirming, modifying or setting aside the order appealed against.