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Union of India - Section

Section 25 in The Insurance Regulatory And Development Authority (Registration Of Indian Insurance Companies) Regulations, 2000

25. Manner of holding enquiry before suspension or cancellation

.-(1) For the purpose of holding an enquiry under regulation 24, the Authority may appoint an enquiry officer.
(2)The enquiry officer shall issue to the insurer a notice at the registered office or the principal place of business of the insurer.
(3)The insurer 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 on by it or sought by the Authority from the insurer.
(4)The enquiry officer shall give a reasonable opportunity of hearing to the insurer to enable it to make submissions in support of its reply made under sub-regulation (3).
(5)Before the enquiry officer, the insurer may either appear in person or through any person duly authorised by the insurer:Provided that no advocate shall be permitted to represent the insurer at the enquiry:Provided further that where an advocate has been appointed by the Authority as the presenting officer under sub-regulation (6), it shall be lawful for the insurer to present its case through an advocate.
(6)If it is considered necessary, the enquiry officer may ask the Authority to appoint a presenting officer to present its case.
(7)The enquiry officer shall, after taking into account all relevant facts and submissions made by the insurer, submit a report to the Authority and recommend the penalty to be awarded as also the justification of the penalty proposed.