, the adjudicating officer shall issue a written
notice to the company and to every officer of the company who is in
default, to show cause, within such period as may be specified in the
notice (not being less than fifteen days and more than forty five days
from the date of service thereon), why the inquiry should not be held
against him:
Provided that every notice issued under this sub-rule, shall clearly
indicate the nature of non-compliance or default under the Act alleged to
have been committed or made by such company and officer in default, as
the case may be:
Provided further that the adjudicating officer may, for reasons to
be recorded in writing, extend the period referred to above by a further
period not exceeding fifteen days, if the company or officer (as
applicable) satisfies the said officer that it has sufficient cause for not
responding to the notice within the stipulated period.
(3) If, after considering the cause, if any, shown by such company or
officer, the adjudicating officer is of the opinion that an inquiry should bIf, after considering the cause, if any, shown by such company or
officer, the adjudicating officer is of the opinion that an inquiry should be 3
held, he shall issue a notice fixing a date for the appearance of such
company, through its authorised representative, or officer of such
company whether personally or through his authorised representative
(4) On the date fixed for hearing and after giving a reasonable
opportunity of being heard to the person(s) concerned, the adjudicating
officer may, subject to reasons to be recorded in writing, pass any order
as he thinks fit including an order for adjournment of the hearing to a
future date.
(5) Every order passed under sub-rule (4), shall be dated and signed by
the adjudicating officer.
(6) The adjudicating officer shall send a copy of the order passed by it to
the concerned company or officer who is in default and to the Central
Government.
While holding an inquiry, the adjudicating officer shall have the
following powers, namely:-
(a) to summon and enforce the attendance of any person
acquainted with the facts and circumstances of the case;
(b) to order for 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.
