Section 46 in Insurance Regulatory and Development Authority of India (Lloyd's India) Regulations, 2016
46. Manner of holding enquiry before suspension or cancellation.
(1)For the purpose of holding an enquiry under regulation 45, the Authority may appoint an enquiry officer.(2)The enquiry officer shall issue to Lloyd's India or the service company or the syndicate a notice at the principal place of business.(3)Lloyd's India or the service company or the syndicate may, within thirty days from the date of receipt of such notice, furnish to the enquiry officer a reply, together with copies of documentary or other evidence relied upon by it or sought by the Authority.(4)The enquiry officer shall give a reasonable opportunity of being heard to Lloyd's India or the service company or the syndicate to enable it to make submissions in support of its reply made under sub-regulation (3).(5)If it is considered necessary, the enquiry officer may ask the Authority to appoint a presenting officer to present its case.(6)Lloyd's India or the service company or the syndicate may either appear through an authorised employee or through any other person duly authorised by it before the enquiry officer,Provided that no advocate shall be permitted to represent Lloyd's India or the service company or the syndicate at the enquiry:Provided further that where an advocate has been appointed by the Authority as the presenting officer under sub-regulation (5), it shall be lawful for Lloyd's India or the service company or the syndicate to present its case through an advocate.(7)The enquiry officer shall, after taking into account all relevant facts and submissions made by Lloyd's India or the service company or the syndicate, submit a report to the Authority and recommend the penalty to be awarded as also the justification of the penalty proposed.
