Section 11 in The Banking Regulation (Co-Operative Societies) Rules, 1966
11. [ Manner of holding inquiries
.-(1) For the purpose of holding an inquiry under sub-section (2) of section 47-A of the Act, the Reserve Bank shall appoint in writing one of its officers (hereinafter referred to as the said officer) for holding the inquiry and shall also authorise him to exercise the powers conferred on the Reserve Bank under sub-section (3) of the said section 47-A.(2)The said officer shall send by registered post to the Co-operative Bank at its registered office or principal office, a statement giving sufficient particulars of the contravention or default of the nature referred to in sub-section (3) or sub-section (4) of section 46 of the Act.(3)A Co-operative Bank to which a statement is addressed under sub-rule (2), shall, before the expiry of 30 days from the receipt of such statement, send in writing to the said officer its answer to the said statement together with particulars of the documentary or other evidence on which it proposes to rely.(4)The said officer shall appoint a date and place for holding the inquiry and intimate the same by registered post to the Co-operative Bank at its Registered office or principal office and the date so appointed shall not be earlier than thirty days from the date of issue of the statement to the Co-operative Bank.(5)At the inquiry, the Co-operative Bank shall be entitled to be represented by any of its Directors or officers as its authorised representative but shall not be entitled to be represented by a legal practitioner.(6)At the inquiry, an officer of the Reserve Bank, not being the officer conducting the inquiry, shall present the case for the Reserve Bank including evidence on the matter. Thereafter, the authorised representative of the Co-operative Bank shall present its case including the evidence in relation thereto.(7)On the date appointed for the purpose under sub-rule (4), the Co-operative Bank shall be represented at the inquiry by its authorised representative and the said officer shall commence the inquiry on the same day, unless, for reasons to be recorded in writing and communicated to the Co-operative Bank in person or by registered post, he adjourns the hearing to a later date. Such date shall not be earlier than fifteen days from the date of issue of such communication to the Co-operative Bank.(8)In case the authorised representative of the Co-operative Bank fails to appear before the said officer on the appointed date or such adjourned date, as the case may be, without sufficient cause, the said officer shall proceed with the inquiry ex parte and give his findings on the basis of the evidence placed before him by the officer of the Reserve Bank presenting the case.(9)Once the inquiry has commenced, it shall be continued on day-to-day basis, including holidays, until all the witness for the Reserve Bank and the Co-operative Bank have been examined, unless the said officer, for reasons to be recorded in writing, decides that adjournment of the inquiry is necessary beyond the following day.(10)The authorised representative of the Co-operative Bank and the officer of the Reserve Bank presenting the case may cross-examine the witnesses other than a witness produced by the representative of the Co-operative Bank or, as the case may be, by the officer of the Reserve Bank presenting the case.(11)After the conclusion of the inquiry, the said officer shall record his findings and submit the entire record to the Reserve Bank.]
