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Section 5: Registration of complaint

Actuaries(Procedure for Enquiry of Professional and Other Misconduct) Rules, 2008Central Rules · 2006

( 1) The Designated Person shall endorse on every complaint the date on which it is received or presented and shall sign on each complaint and refer such complaint to the Director.

(2) After receipt of the complaint under sub-rule(l), the Director shall scrutinize the complaint.

SS THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(i)l

(3) If, on scrutiny under sub-rule (2), the complaint is found to be in order, the Director shall register the complaint and give a serial number to the complaint.

( 4) If the subject matter of the complaint on scrutiny is, substantially the same as or has been covered by any previous complaint or information received and is under process or has already been dealt with, the Director shall take the following step, namely,-

(a) if the previous complaint filed is pending before the Director, then the present complaint may be clubbed with the previous complaint and in such case the fact may be conveyed to the complainants both previous and present and respondent; or

(b) if prima facie opinion has been formed by the Director in such a previous complaint and the case is pending before the Committee then the Director shall bring the present complaint before the Committee, and the latter shall either club the complaint with the previous complaint or ask the Director to deal with it as a separate complaint, as it deems fit; or

(c) if order have already been passed by the Committee on a previous complaint, then the Director shall refer the present complaint to the Committee and the Committee shall recommend the same to the Council for decision.

( 5) If the complaint on scrutiny , is found to be defective and the defect is final in nature, the Director may allow the complainant to rectify the same in his presence or if the said defect is not formal in nature, the Director, may allow the complainant such time as he may deem fit.

(6) If the complainant fails to rectify the defect within the time allowed under subrule (5) , the Director may by order and reasons recorded in writing decline to register the complaint.

(7) An appeal against the order of the Director under sub-rule (6) shall be made within fifteen days of the recording of such order to the Committee and the decision of the Committee thereon shall be final.

6 Withdrawal of a complaint. - The Director, on receipt of an application for withdrawal of a complaint by the complainant, shall place the same before the Committee and the Committee may, if it is of opinion that the circumstances so warrant, permit the withdrawal of the complaint, at any stage, including before or after registration of the complaint:

Provided that in case the Director has not yet formed his prima facie opinion on such a complaint, he shall place the same before the Committee and the Committee may, if it is of opinion that the circumstances so warrant, permit the withdrawal of the complaint.

[*FT II—75PiS3(i)] MTOT 'SRT TF3m : STOTOOT 59

Where this provision sits

ActActuaries(Procedure for Enquiry of Professional and Other Misconduct) Rules, 2008
Section5
Marginal noteRegistration of complaint
JurisdictionCentral
StatusIn force as published by the source

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