Section 16 in The Punjab Habitual Offenders (Control and Reform) Rules, 1957
16. Mode of enquiry under section 11.
(1)The enquiry under section 11(2) of the Act shall be held by a Magistrate not below the rank of the 1st Class deputed by the District Magistrate concerned in this behalf.(2)The Magistrate thus deputed shall issue a notice in Form No. 12 to the registered person requiring him to appear at a specified place and at a specified time for the purpose of 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' deleted vide Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.] For the purposes of the enquiry, the Magistrate shall take all such evidence as may be produced by the Superintendent of Police 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. The Magistrate may also take, at any stage of the enquiry, any evidence he deems necessary or relevant for the purpose of satisfying himself as to the necessity for action under Section 11 against the said registered person, having due regard also to the provisions of section 11(2) of the Act:-Provided that if the Magistrate is satisfied that the registered person is wilfully avoiding service or wilfully neglects to attend at the appointed place or at the appointed time for the enquiry, the Magistrate may proceed to hear and determine the enquiry ex-parte.(4)After completing the enquiry, the Magistrate shall (as soon as may be) submit to the District Magistrate detailed report, along with the record of the enquiry, concerning the matters mentioned in section 11(2) of the Act and advising the necessity or otherwise of action under section 11(1) of the Act.(5)Before sending the report and enquiry held by the Magistrate along with his comments under sub-rule (6) below, the District Magistrate may, if he finds the proceeding of the enquiry or the report of the Magistrate defective or unsatisfactory, send back the records to the same Magistrate or to any other Magistrate competent for holding a further enquiry in accordance with this rule. The Magistrate shall, after doing the needful, submit the record and his report in the manner laid hereinbefore.(6)The District Magistrate shall forward to the Government the record of enquiry and the Magistrate's report, along with his own comments as to the necessity of action under the said section 11, having due regard also to the provisions of sub-section (2) of the said section 11.(7)Before taking any action under section 11(1) of the Act, the Government may, if not satisfied with any of the said reports or the proceedings of the said enquiry, send back the records of the enquiry to the District Magistrate for a further or fresh enquiry in accordance with its directions.(8)(i)All the 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 [Counsel] [Substituted for the word 'pleader' by Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.] 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' by Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.](ii)The District Magistrate may before making his report to Government under sub-rule (6) set aside the ex-parte proceedings of enquiry by the Magistrate and his 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.
