(a) On receipt of application under Section 13 read with Rule 14 the authorised officer shall immediately issue notice to the delinquent public servant.
(b) If the delinquent public servant responds to the notice and appears before the authorised officer either in person or through his legal representative, he shall be furnished with the copy of the application filed under Section 13 along with all its enclosure. The authorised officer shall allow 30 days time for appearance of delinquent public servant to file his statement in defence. If for good and valid reasons, to the satisfaction of the authorised officer, delinquent public servant does not file his statement of defence, he may allow maximum of 15 days time within which he shall have to file his statement of defence.
9 �बहार गजट (असाधारण)] 11 फरवर� 2010
(c) If the delinquent public servant does not file his statement of defence within the prescribed period of 30 days or within extended period of 15 days, it shall be presumed that he has no defence to put forward. The authorised officer shall be free to adjudicate the proceeding instituted before him.
(d) If the delinquent public servant submits his statement in defence, a copy of the same shall be made available to the special Public Prosecutor conducting the proceeding before the authorised officer who shall have the opportunity to reply to the same.
(e) The special Public Prosecutor shall have to reply within maximum period of 15 days from service of statement of defence upon him.
(f) If the special Public Prosecutor fails to submit his reply within 15 days, the authorised officer may for good or valid reason allow further period of 15 days for filing the reply, failing which the authorised officer shall proceed to adjudicate the proceeding as if the prosecution has no reply to submit.
(g) If the delinquent public servant proposes to contest the valuation of the property, the authorised officer may take assistance of such State Government agency or Central Government agency or any other officer or person technically qualified as he may deem fit and proper.
(h) The authorised officer, on consideration of statement of defence, reply of public prosecutor and report of experts, if any, shall adjudicate the proceeding and will pronounce final verdict within a maximum period of 6 months from the day of service of notice.
(i) The authorised officer, after final adjudication, may proceed to confiscate the property in accordance with Section 15 of the Act.