(1) Any aggrieved person, having any interest in the project, may file a complaint with the Authority for any violation under the Act or the rules and regulations made thereunder, save as those provided to be adjudicated by the Adjudicating Officer, as per Form ‘A’ in triplicate which shall be accompanied by a fee of rupees five thousand through NEFT or RTGS system or any other digital transaction mode :
Provided that, when the Authority makes a provision for filing a complaint web-based, it shall not be necessary to submit such form in triplicate.
(2) The Authority shall follow, for the purposes of deciding any complaint as specified under sub-rule (1), the following procedure :
(a) Upon receipt of the complaint the Authority shall issue a notice alongwith particulars of the alleged contravention and the relevant documents to the respondent ;
(b) The notice shall specify a date and time for further hearing ;
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(c) On the date so fixed, the Authority shall explain to the respondent or his authorized representative about the contravention alleged to have been committed in relation to any of the provisions of the Act or the rules and regulations made thereunder, and if the respondent,—
(i) pleads guilty, the Authority shall record the plea, and pass such orders including imposition of penalty as it may think fit in accordance with the provisions of the Act or the rules and regulations, made thereunder ;
(ii) does not plead guilty and contests the complaint, the Authority shall demand an explanation from the respondent ;
(d) In case the Authority is satisfied on the basis of the submissions made in the complaint that the submissions do not require any further inquiry, it may dismiss the complaint ;
(e) In case the Authority is satisfied on the basis of the submissions made that there is need for further hearing, it may order production of documents or other evidence on a date and time fixed by it ;
(f) The Authority shall have the power to carry out an inquiry into the complaint on the basis of documents and submissions ;
(g) The Authority 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 documents which in the opinion of the Authority, may be useful for or relevant to the subject matter of the inquiry, and in taking such evidence, the Authority shall not be bound to observe the provisions of the Indian Evidence Act, 1872 (11 of 1872) ;
(h) On the date so fixed, the Authority upon consideration of the evidence produced before it and other records and submissions if satisfied that,—
(i) the respondent is in contravention of the provisions of the Act or the rules and regulations made thereunder, it shall pass such orders including imposition of penalty as it may think fit in accordance with the provisions of the Act or the rules and regulations made thereunder, with reasons to be recorded in writing ;
(ii) the respondent is not in contravention of the provisions of the Act or the rules and regulations made thereunder, the Authority may, by order in writing, dismiss the complaint, with reasons to be recorded in writing ;
(i) If any person fails, neglects or refuses to appear, or present himself as required before the Authority, the Authority shall have the power to proceed with the inquiry, in the absence of such person or persons after recording the reasons for doing so.