(1) The competent authority shall not make any order under section 8, section &, section 11, seption 12, section 14 or section 15, unless he is satisfied, upon a complaint made to him in writing by the proper officer and inquiry made in the manner provided in this section, that it is necessary to make such order.
Procedure, etc., to be followed by the competent authority.
Explanation.—In this sub-section, "proper officer" means any officer empowered by the Central Government or a State Government, by general, or special order in writing, to make complaints under this section.
(2) Every complaint to the competent authority under sub-section
(1) against any person (hereafter in this section referred to as the respondent) shall state or describe the objectionable matter in respect of which the complaint is made and, where it is desired that security should be demanded from the respondent, shall specify the amount of security which, in the opinion of the officer making the complaint, should be so demanded.
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(3) On receipt of a complaint under sub-section (1) the competent authority may, after making such preliminary inquiry, if any, as he may deem necessary, issue notice thereof to the respondent.
00 When the respondent appears before the competent authority in compliance with a notice under sub-section (3), the competent authority shall settle the points for determination and proceed to inquire into the complaint and, after taking such evidence as may be produced and after hearing the parties, make such order as he may deem fit.
(5) The competent authority shall inquire into the complaint, ac nearly as practicable, in the manner prescribed for conducting trials in summons cases by Magistrates under the Code.
(6) If, on the day appointed for the appearance of the respondent or any day subsequent thereto to which the inquiry may be adjourned, the respondent does not appear, the competent authority may proceed to hear the complaint and take all such evidence, if any, as may be produced in support of the complaint and make such orders under this Ordinance as he may deem fit:
Provided that if. on an application m."de by the respondent within fifteen days of the date of the ex parte order, the competent authority is satisfied that there are sufficient grounds, he may set aside the order and make a fresh inquiry into the complaint.
(7) In any inquiry before the competent authority with reference to any newspaper or news-sheet, any previous or subsequent issue of such newspaper or news-sheet may be given in evidence in aid of the pi*oof of the nature and effect of the words, signs or visible representation in respect of which the complaint is made.
(8) For the purpose of hearing and disposing of complaints under this section, the competent authority shall have all the powers of a Judicial Magistrate of the first class under the Code.