Central

Section 9A of The Oilfields (Regulation and Development) Act, 1948

1[9A. Adjudication.--- (1) The Central Government shall, by notification in the Official Gazette, make rules for providing eligibility criteria for designating an adjudicating authority and for the manner of conducting inquiry and imposing penalty under the provisions of this Act: Provided that no officer below the rank of Joint Secretary to the Government of India shall be designated as an adjudicating authority.

(2)The adjudicating authority may 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 his opinion may be useful for or relevant to the subject matter of the inquiry and if, on such inquiry, he is satisfied that the person concerned has contravened the provisions of this Act or the rules made thereunder, he may determine such penalty in accordance with the provisions of this Act.
(3)No penalty shall be imposed on any person under this section or any rules made thereunder without affording an opportunity of being heard.]

Summary

The Central Government creates rules for how to pick the person who decides on penalties, known as the adjudicating authority.
The person chosen to be an adjudicating authority must hold a rank of at least Joint Secretary to the Government of India.
The authority has the power to summon people to give evidence or bring documents that are relevant to the case.
Before a penalty is decided, the person being accused must be given a fair chance to be heard.
If the authority finds that a person broke the rules after finishing their inquiry, they can set the penalty based on the Act.

Practical examples

1Joint Secretary Rahul is appointed as the adjudicating authority to investigate a claim that a company skipped its site restoration duties. He schedules a formal hearing for the company to explain its side before he makes a decision.

2During an inquiry in October 2025, Adjudicator Meena sends a formal summons to a field manager. She requires the manager to bring the original drilling logs to her office to see if they match the reports sent to the government.

FAQ

1. What is the lowest rank an officer can have to be an adjudicating authority?

They must be at least a Joint Secretary to the Government of India.

2. Can a penalty be given secretly without telling the person?

No, the law requires that the person must be given an opportunity to be heard before any penalty is imposed.

3. Does the adjudicator have the power to make people show up for questioning?

Yes, they can summon and enforce the attendance of any person who knows the facts of the case.

Test yourself

Q1.Under Section 9A of The Oilfields (Regulation and Development) Act, 1948, who is responsible for making the rules that set the eligibility criteria for an adjudicating authority?

Q2.Under Section 9A of The Oilfields (Regulation and Development) Act, 1948, an officer must be at least of what rank to be designated as an adjudicating authority?

Q3.Under Section 9A of The Oilfields (Regulation and Development) Act, 1948, what must happen before a penalty is imposed on any person?

Q4.Under Section 9A of The Oilfields (Regulation and Development) Act, 1948, what can the adjudicating authority do if they need a specific paper to solve a case?

Q5.Under Section 9A of The Oilfields (Regulation and Development) Act, 1948, the adjudicating authority can summon people who are?

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