Rule 5 Manner of holding inquiry into the complaint

(1) The Adjudicating Officer, before adjudging penalty, shall issue a notice to the person or entity alleged to have committed the contravention, requiring him or it to show cause, within such period as the notice may specify (being not less than thirty days from the date of service thereon), as to why the penalty should not be imposed on him or it:

Provided that every notice issued under this sub-rule, shall clearly indicate the nature of contravention, non- compliance and default under the Act alleged to have been committed or made, the person or entity against whom, or the thing, if any, in respect of which, it was committed and also draw attention to the relevant provision or rule or regulation or direction issued by the Authority and the maximum penalty which can be imposed on the person or entity:

Provided further that the Adjudicating Officer may, for reasons to be recorded in writing, extend the said period by a further period not exceeding fifteen days, if the person or entity, as the case may be, satisfies the Adjudicating Officer that he or it had sufficient cause for not responding to the notice within the stipulated period.

(2) On receipt of the reply submitted by such person or entity, the Adjudicating Officer shall issue a notice of hearing to such person or entity, through its authorised representative, and to the Presenting Officer of the Authority, if appointed:

Provided that, where the person or entity, pleads guilty in the reply referred to in this sub-rule, no hearing shall be required and the Adjudicating Officer shall record the plea, and impose penalty as he thinks fit in accordance with the provisions of the Act, rules, regulations, orders or directions made thereunder.

(3) On the date fixed for hearing and after giving a reasonable opportunity of being heard to the person or entity concerned and Presenting Officer of the Authority, if appointed, the Adjudicating Officer may, subject to reasons to be recorded in writing, pass any order in writing as he thinks fit including an order for adjournment:

Provided that the Adjudicating Officer after hearing, may give an opportunity to the Presenting Officer if appointed, and such person or entity to submit reply in writing on certain other issues or to file written briefs of their respective case or produce such documents or evidence as they may consider relevant to the notice issued under sub- rule (1) and, if necessary, the hearing may be adjourned to a future date for reasons to be recorded in writing.

(4) For the purposes of this rule, 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.

(5) Where any person or entity fails to reply or neglects or refuses to appear pursuant to the notice referred to in sub-rule (2), before the Adjudicating Officer, the Adjudicating Officer may proceed with the hearing in the absence of such person or entity after recording the reasons for doing so.

(6)

(i) The person or entity and the Presenting Officer, if appointed, may submit a list of witnesses in addition to their reply, which they want to examine.

(ii) The Presenting Officer shall be entitled to re-examine the witnesses on any points on which they have been cross-examined but not on any new matter without the leave of the Adjudicating Officer.

(7) Before concluding the hearing, the Adjudicating Officer shall ensure that the person or entity through its authorised representative have been given a reasonable opportunity of being heard.

(8) Where the person or entity, in respect of whom notice, is issued pleads guilty during the hearing, the Adjudicating Officer shall record the plea, and impose such penalty as he thinks fit in accordance with the provisions of the Act, rules, regulations, orders or directions made thereunder.

(9) Where the Adjudicating Officer, on inquiry, is satisfied that such person or entity has failed to comply with any provision of the Act or rules or regulations made thereunder or directions issued by the Authority under section 23A of the Act, or has failed to furnish any information, document or return of report required by the Authority, the Adjudicating Officer may, by order impose civil penalty in accordance with the provision of the Act.

(10) The order referred to in sub-rule (9) shall be a reasoned and speaking order referring to the oral and documentary submissions as well as any other document accepted during the hearing. The certified copy of the order shall be provided to all parties.

(11) The amount of any penalty imposed by Adjudicating Officer shall be deposited into Unique Identification Authority of India Fund and if not paid, may be recovered as if it were an arrear of land revenue.