(1) In holding an inquiry for the purpose of adjudging under Section 28 of the Act as to whether any person has contravened any of the provisions of that section, the adjudicating officer shall, in the first instance, issue a notice to such person requiring him to show cause within such period as may be specified in the notice (being not less than fourteen days from the date of service thereof) as to why an inquiry should not be held against him.
(2) Every notice under sub-regulation (1) to any such person shall indicate the nature of offence or contravention alleged to have been committed by him.
(3) The Adjudicating Officer may issue notice to any other party or person whose presence may in his opinion be required for an effective adjudication in the inquiry.
(4) If after considering the cause, if any, shown by such person, the adjudicating officer is of the opinion that an inquiry should be held, he shall issue a notice fixing a date for the appearance of that person either personally or through his authorised representative.
6 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4]
(5) On the date fixed, the adjudicating officer shall explain to the person proceeded against or his authorised representative, the contravention or offence, alleged to have been committed by such person indicating the provisions of the Act, rules or regulations in respect of which contravention is alleged to have taken place.
(6) The adjudicating officer shall then give an opportunity to such person to produce such documents or evidence as he may consider relevant to the inquiry and if necessary the hearing may be adjourned to a future date and in taking such evidence the adjudicating officer shall not be bound to observe the provisions of the Evidence Act, 1872 (11 of 1872):
Provided that notice referred to in sub-regulation (4), and the personal hearing referred to in sub-regulations (4), (5), and
(6) may, at the request of the person concerned, be waived.
(7) While holding an inquiry under this regulation, the adjudicating officer shall have the power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document, which in the opinion of the adjudicating officer may be useful for or relevant to the subject matter of the inquiry.
(8) If any person fails, neglects or refuses to appear, as required by sub-regulation (4), before the adjudicating officer, the adjudicating officer may proceed with the inquiry in the absence of such person after recording the reasons for doing so.
(9) A direction for inquiry to the adjudicating officer by the Authority, and issuance of notice of inquiry proceedings pursuant thereto to any person, shall be deemed to be the commencement of an inquiry under section 30 of the Act.