In this Chapter, unless the context otherwise requires,-
(a) "adjudicating officer" means an officer authorized under section 124A of the Act;
(b) “Appellant” means a person aggrieved with an order of adjudicating officer and prefers an appeal before the appellate authority under sub-section (1) of section 124B of the Act;
(c) "appellate authority” means an authority officer authorized under sub -section (1) of section 124 B of the Act;
(d) words and expressions used in these rules and not defined but defined in the Act, shall have the meaning respectively assigned to them in the act.
(1) Any person may file a complaint in Form 31 through electronic means to the adjudicating officer regarding any contravention committed under sections 120, 122, and 123 of the Act.
(1) For the purpose of adjudication under section 124 A of the Act whether any person has committed any contravention as specified in that section, the adjudicating officer shall, issue anotice through electronic means to such person requiring him to show cause within such period as may be specified in the notice (being not less than seven days from the date of service thereof) 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, 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 alegal practitioner 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 legal practitioner, the contravention, committed by such person andthe provisions of the Act, in respect of which contravention is alleged to have committed.
(5) The adjudicating officer shall, then, give an opportunity to such person to produce such documents or evidence as he may consider relevant to the inquiry and if necessary, the hearing maybe adjourned to a future date and in taking such evidence the adjudicating officer shall not bebound to observe the provisions of the Bhartiya Sakshya Adhiniyam 2023 (47 of 2023).
(6) While holding an inquiry under this rule the adjudicating officermay require and enforce the attendance of any person acquainted with the facts and circumstances of thecase 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.
(7) If any person fails, neglects or refuses to appear as required by sub-rule (3) before the adjudicating officer, the adjudicating officer may proceed with the inquiry inthe absence of such person after recording the reasons for doing so.
(8) 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 orderin writing, impose such penalty under the Act as he thinks fit
(9) Every order made under sub-rule (8) shall specify the provisions of the Act in respect of which contravention has being committed and shall contain the reasons for imposing the penalty.
(10) Every order made under sub-rule (8) shall be dated and signed by the adjudicating officer.
(11) A copy of the order made under this rule and all other copies of proceedings shall be supplied free of charge to the person against whom the order is made.
(12) The adjudicating officer shall complete the proceeding within the three months form the issuance of the notice to the opposite party.
(1) Any person aggrieved by an order of the adjudicating under this rule, may prefer an appeal in Form 32 through electronic means to appellate authority, within sixty days from the date of the order, to the appellate authority, within sixty days from the date of the order.
Provided that the appellate authority may entertain appeal after the expiry of the said period it he satisfied that he has sufficient cause for the not filling the appeal within such period.
(2) On receipt of the appeal, the appellate authority shall issuea notice requiring, to the Respondent, to file his reply within such period as may be specified in the notice.
(3) The appellate authority shall, after giving the parties a reasonable opportunity of being heard, pass a reasoned order, including an order for adjournment, and complete the proceedings ordinarily within six months from the dateof the receipt of the appeal.
(1) All communications under this Chapter shall be transmitted through electronic means only.
(2) In proving such transmission, it shall be sufficient to show that the communication was properly addressed and transmitted through electronic means.
The adjudicating officer or the appellate authority may, for reasons to be recorded in writing, where there is a reasonable cause for the delay or failure to act, extend any period specified in this chapter till such period as he may thinks fit
(1) Every order under this Chapter, , shall be dated, digitally signed, communicated to all the parties, and also uploaded on theofficial website of the adjudicating officer or the appellate authority as the case may be
(2) All sums realized by way of penalties under this Chapter shall be credited to the Consolidated Fund of India"