CHAPTER VI

Powers or Board of Chief Executive Officer or other officers  authorised to hold inquiries

 


75. Powers of the Board and other offices.-

(1) Where the Board in deciding any question under the provisions of the Act or where the Chief Executive Officer in deciding any question authorised by the Act or the Board or where any officer in deciding any question authorised by the Board under the Act, as the case may be, considers it necessary or proper to make an inquiry , then the Board, the Chief Executive Officer or the officer authorised by the Board, as the case may be, for the purpose of holding such inquiry, the following powers, namely:-

(a) to summon any person resident in the State whose evidence may appear to it/him to be necessary for the investigation of any matter under inquiry and also to require the production of any document relevant to the matter under enquiry which may be in the possession or under the control of such person; or

(b) requiring the discovery and the production of any document or material object produceable as evidence; and

(c) to grant to any such person such allowance as is admissible to a witness summoned by a civil court and to pass orders as to the person by whom or the find out of which the allowance shall be paid.

76. Issue of notices.-

(1) Such notices shall be in writing and authenticated by the Chief Executive Officer or any officer specially authorised in this behalf.

(2) It shall require the person summoned to appear before the Board or the officer at a stated time and place and shall specify whether his attendance is required for the purpose of giving evidence or to produce document or for both purposes and any particular document, the production of which is required shall be described in the notice with convenient certainty.

(3) Any person may be summoned to produce a document without being summoned to give

evidence, and any person summoned merely to produce a document shall be deemed to

have compiled with the summons if he causes such documents to be produced, instead of

attending personally to produce the same.

(4) When a person whose evidence may be required is unable from sickness or infirmity, to

attend before the officer issuing the notice or is a person exempt from personal

appearance under the Code of Civil Procedure,1908, the officer issuing the notice may be

of his own motion, or on the application of the party whose evidence is desired, dispense

with the appearance of such person and order him to be examined by an officer deputed

for the purpose.

77. Right of person summoned.-

(1) All persons who appear in response to the notices issued shall within the time specified in the notice or within such further time as may be granted, file statement containing their objections or suggestions:

Provided that the Board may allow, any person who has not filed a statement within the stipulated time to make representation during the subsequent stage of enquiry.

(2) Any party to the proceedings shall have the right to appear in person or by pleader to adduce oral or documentary evidence and also apply for summoning of witnesses or production of documents.

78. Return of documents produce.- Any person desirous of receiving back any document produced by him at the enquiry shall be entitled to receive back the same if the proceedings in which the orders made are not liable to be questioned before the Tribunal.

79. Service of notice how effected.- When any notice or other document is required by the Act or by these rules or any regulation or order made under it, to be served on or sent to any person, the service or sending thereof may be effected –

(1) (a) by giving or tendering the said notice or document to such person;

(b) if such person is not found, by leaving such notice or document at his last known place of abode or business or giving or tendering the same to some adult member or servant of his family or to the Head of the Institution or any authorised person in the case of employees working in Firms, work place etc, and on shift duties outside the normal working hours of public offices and or where admission of notice serving officials of the Board are restricted and normal course of serving notices is not possible; or

(c) if such person’s address elsewhere is known to the Chief Executive Officer, by sending the same to him by registered post; or

(d) if none of the means aforesaid be available, by affixing the same in some conspicuous part of such place of abode or business.

(2) When the person is an owner or occupier of any building or land, it shall not be necessary to name the owner or occupier in the notice or document, and in the case of joint owners and occupiers it shall be sufficient to serve it on, or send it to, one of such owners or occupiers.

(3) Whenever in any notice, form or other document served or sent under the Act or these rules any regulation or order made thereunder, a period is fixed within which any document is to be produced or anything is to be done or executed, such period shall, in the absence the Act, rule regulation or order of any distinct provision to the contrary, calculated from the date of such service or sending.

(4) In case of refusal of a notice the date of refusal shall be deemed to be the date of service





 

 
 
 
 

 

 

 

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