(1) The adjudicating officer, within thirty days from the date of receipt of the complaint, shall issue a notice in Form VI to such person requiring him to show cause within such periods as may be specified in the notice, not being less than fifteen days from the date of service of notice, why an inquiry should not be held against him.
(2) Every notice under sub-rule (1) shall indicate the nature of contravention alleged to have been committed.
(3) After considering the cause, if any, shown by such person, if the adjudicating officer is of the opinion that an inquiry should be held, he shall issue a notice requiring the appearance of that person personally or through a legal representative duly authorised by him on such date as may be fixed in the notice.
(4) On the date fixed, the adjudicating officer shall explain to the person proceeded against or his authorised legal representative, the contravention committed by such person and the provision of the Act in respect of which contravention is alleged to have been committed.
(5) The adjudicating officer shall give an opportunity to such person to produce such documents or evidence under Form-VII 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 Bhartiya Sakshya Adhiniyam, 2023 (47 of 2023).
(6) If any person fails, neglects or refuses to appear as required under sub-rule (3) 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.
(7) If, upon consideration of the evidence produced before the adjudicating officer, the adjudicating officer is satisfied that the person has committed the contravention, he may, by order in writing, impose such penalty under the Act as he considers reasonable.
(8) Every order made under sub-rule (7) shall specify the provision of the Act in respect of which contravention has been committed and shall contain the reasons for imposing the penalty.
(9) A copy of the order made under this rule and all other copies of proceedings shall be supplied free of cost to the complainant and the person against whom the inquiry was held.
(10) The adjudicating officer shall complete the proceeding within six months from the issuance of the notice to the opposite party.
(11) A notice or an order issued under these rules shall be served on the person against whom an inquiry is held, in any of the following manner, namely:- 16 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(i) by delivering or tendering it to that person or his authorised representative; or
(ii) by sending it to the person through electronic means or by registered post or speed post to the address of his place of residence or his last known place of residence or the place where he carried on or last carried on, business or personally works or last worked for gain; or
(iii) if it cannot be served in the manner specified under clauses (i) or (ii), by affixing it on the outer door or some other conspicuous part of the premises in which that person resides or is known to have last resided or carried on business or personally works or has worked for gain.