(1) Before an order under section 3 and section 4 is passed against any person, the officer shall by notice in writing inform him of the general nature of the material allegations against him and give him a reasonable opportunity of tendering an explanation regarding them.
(2) If such person makes an application for the examination of any witness to be produced by him, the officer concerned shall grant such application and examine such witness unless for reasons to be recorded in writing, the officer is of the opinion that such application is made for the purpose of causing vexation or delay.
(3) Any written statement put in by such person shall be filed with the record of the case. Such person shall be entitled to be represented in the proceeding before the officer by a counsel for the purpose of tendering his explanation and examining the witness produced by him.
(4) The officer, may, for the purpose of securing the attendance of any person, against whom any order is proposed to be made under section 3 or section 4, require such person, to appear before him and to furnish a security bond with or without sureties for attendance during the enquiry. If the person fails to furnish the security bond as required or fails to appear before the officer during the enquiry, it shall be lawful for the officer to proceed with the enquiry, and thereupon to pass such order as is proposed to be passed against him.
(5) The provisions of sections 119 to 124 (both inclusive) of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), shall, so far as may be, apply in relation to the order under sub-section (4) above.
(6) Without prejudice to the foregoing provisions, the officer, while issuing notice to any person under sub-section (1) may issue a warrant for his arrest and the provisions of -4- sections 70 to 89 (both inclusive) of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), shall so far as may be, apply in relation to such warrant.
(7) The provisions of sections 445 to 448 (both inclusive) of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), shall so far as may be, apply in relation to all bonds executed under this section.