PHO Rules 11

Section 11 · Mode of enquiry under section 10

(1)

The enquiry under section 10 (1) of the Act shall be held by a Magistrate not below the rank of the 1st Class in the district deputed by the District Magistrate concerned in this behalf.

(2)

The Magistrate thus deputed shall issue a notice in Form 8 to the registered person requiring him to appear at a specified place and at a specified time for the purpose of the enquiry. The registered person will continue so to attend for the purpose of the enquiry until otherwise directed by the Magistrate.

(3)

The enquiry shall be made, as nearly as may be practicable, in the manner prescribed for conducting trials and recording evidence in summons cases as laid down in the Code. [-] [The words 'of Criminal Procedure, 1898, amended up to date and for the time being in force' ommitted vide Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.] For the purpose of the enquiry the Magistrate shall take all such evidence as may be produced by the Superintendent of Police of the district concerned or his representative duly authorised by him in this behalf, and all such evidence the registered person may produce in his defence in this behalf. For the same purpose the Magistrate may take, at any stage of the enquiry, any other evidence he deems necessary :Provided that if the Magistrate is satisfied that the registered person is wilfully avoiding service or wilfully neglects to attend at the appointed place, [and time] [Substituted for the words 'at the appointed time' vide Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.] for the enquiry, the Magistrate may proceed to hear and determine the enquiry ex-parte.

(4)

After the Magistrate has recorded all such evidence, he shall submit to the District Magistrate (as soon as may be) the record of the enquiry, along with his report as to the necessity or otherwise of the making of an order by the District Magistrate under [-] [The words 'the said' deleted vide Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.] section 10(1).

(5)

Before passing any order under section 10(1) of the Act, the District Magistrate may, if not satisfied with the proceedings or the report in connection with the enquiry, send back the records to the Magistrate who conducted the enquiry in the first instance or to any other Magistrate of the 1st Class for holding further enquiry in accordance with this rule. The Magistrate shall, after doing the needful, submit the record and his report in the manner laid down before for the orders of the District Magistrate under section 10.

(6)

(i)

All evidence in the enquiry shall subject to the provisions of sub-rule (3) be taken in the presence of the registered person, or when his personal attendance is dispensed with, in the presence of his pleader, and shall be recorded in the manner prescribed in the case of summons cases, as laid down in Chapter XXV [of the Code.] [Substituted for the words 'of the said Code of Criminal Procedure' vide Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.]

(ii)

The District Magistrate may before passing orders under [section] [Substituted for the words 'the said section' vide Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.] 10(1), set aside the ex-parte proceeding of the enquiry and the Magistrate's report thereon for good cause shown on application made to him (the District Magistrate) within seven days of the Magistrate's said report, and direct a fresh enquiry to be made in the manner prescribed in this rule.

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