(1) The Director or an officer authorized by the Council in this behalf shall, within sixty days of the receipt of a complaint under rule 3, -
(a) if the complaint is received against an individual member, send particulars of the acts of commission or omission alleged, or as the case may be, a copy of the complaint to that member at his professional address ;
(b) if the complaint is received against a firm, send particulars of the acts of commission or omission alleged or as the case may be, a copy of the complaint to the firm at the address of its head office as entered in the Register of Offices of firms maintained by the Institute, with a notice calling upon the firm to disclose the name or names of the member or members concerned and to send particulars of acts of commission or omission or as the case may be, a copy of the complaint, to such members:
2501 GI/08—9 60 THE GAZETTE OF INDIA; EXTRAORDINARY [PART II—SEC. 3(i)]
Provided that while disclosing the name or names of the member or members, the firm shall send a declaration signed or, as the case may be, jointly signed by the member or members concerned to the effect that he, she or they shall be responsible for answering the allegations mentioned in the complaint and that the particulars of acts of commission or omission or the copy of the complaint sent to the firm by the Director had been duly received by him, her or them.
Explanation. - For the purposes of this sub-rule, notice to the firm shall be deemed to be a notice to all the members who are partners or employees of that firm as on the date of registration of the complaint.
( 2) A member whose name is disclosed by the firm shall be responsible for replying the complaint , provided such a member was associated,' either as partner or employee, with the firm, against which the complaint has been filed, at the time of occurrence of the alleged misconduct.
Provided that if no member of the firm, whether erstwhile or present, own responsibility for the allegation made against the firm, then the firm as a whole shall be responsible for answering the allegation or allegations and, as such, all the members who were partners or employees of that firm, as on the date or occurrence of the alleged misconduct, shall be responsible for answering the allegation or allegations as contained in the complaint.
(3) The Defendant shall, within 21 days from of the receipt the copy of the complaint, or within such additional time, not exceeding thirty days, as may be allowed by the Director, submit his written statement before the Director.
(4) On receipt of the written statement of the Defendant, the Director may send a copy of written statement to the complainant, and the complainant shall, within 2! days of receipt the copy of the written statement, or within such additional time, not exceeding thirty days, as may be allowed by the Director, file to the Director, his rejoinder, if any.
(5) On, perusal of the complaint, written statement, or rejoinder, as the case may be, the Director may call for such additional particulars or documents connected therewith either from the complainant or the Defendant or any party to the complaint, as he may consider appropriate:
Provided that if no written statement is submitted by the Defendant within the time allowed under sub-rule (3) or no rejoinder is filed by the complainant within the time allowed under sub-rule (4), the Director shall presume that the Defendant or the complainant, as the case may be , have nothing further to state and take further action as provided under this Chapter.
9. Examination of Complaint- (1) The Director shall examine the complaint, written statement, rejoinder, or, as the case may be, other additional particulars or documents, if any, for holding prima facie opinion as to whether the member [^FTII—TBT«g3(i)] MTC3 ^T W r a : sraWKT 6[ , ' at J or the firm is guilty or not of any professional or other misconduct under the as specified Schedule;
( 2) Where the Director is of the prima facie opinion that the member or the firm is guilty of any misconduct as specified under the Schedule , he shall place his opinion along with the complaint and other additional particulars or documents and all other relevant papers before the Committee;
(3) If the Committee, agrees with the prima facie opinion of the Director under sub-rule (I) above, then the Committee may proceed further under Chapter IV.
(4) If the Committee, disagrees with the prima facie opinion of the Director under sub-rule (I) , it shall forward the complaint to Council to close the complaint or advise the Director to make further enquire into the complaint.
(5) If the Director is of the prima facie opinion that the member or the firm is not guilty of any misconduct under the Schedule, he shall place the matter before the Committee.
(6) If the Committee agrees with the opinion of the Director, he shall refer the matter to the Council for its closure.
(7) If the Committee disagrees with the opinion of the Director, it may either proceed under Chapter IV of these rules or may advise the Director to farther enquire into the matter.
(8) The Director shall, after making further enquiry as advised by the Committee under sub- rules (4) or (7) of this rule, proceed under this rule.