Section 36(9) in The Punjab Habitual Offenders (Control and Reform) Rules, 1957
(9)(i)All the evidence in the enquiry shall subject to the provisions of sub-rule (4) 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' 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 (7) 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.
