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CS Professional · Intellectual Property Rights - Law and Practice · Biological Diversity

Before imposing a penalty on Deccan Seeds Pvt Ltd under the Biological Diversity Act, 2002, the adjudicating officer wants to summon a former employee to produce documents. Which statement about the adjudicating officer's powers is correct?

The adjudicating officer can summon and enforce attendance and compel production of relevant documents, but cannot impose a penalty without first giving the person concerned an opportunity of being heard. The officer must also be not below the rank of Joint Secretary to the Government of India.

  1. AThe officer may summon persons and documents but may impose a penalty only after giving the person concerned an opportunity of being heardCorrect
  2. BThe officer may impose a penalty first and hear the person afterwards
  3. CThe officer has no power to summon witnesses and must rely on the complainant's documents
  4. DThe officer must be below the rank of Joint Secretary to the Government of India

Explanation

Section 55A(2) gives the adjudicating officer power to summon and enforce attendance and production of documents, with a proviso that no penalty be imposed without giving the person concerned an opportunity of being heard. Under 55A(1) the officer is not below Joint Secretary rank, so the last option is wrong.

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