Section 8 in The Displaced Persons (Compensation and Rehabilitation) Rules, 1955
8. Inquiry for determination of public dues.
(1)The Settlement Officer shall issue a notice of clear fifteen days to the applicant stating the principal points for clarification, if any, and the main statements which required to be verified.(2)If the enquiry relates to any discrepancy between the amount as disclosed by the applicant and the amount as found by the Settlement Officer, the notice shall call upon the applicant to show cause why the amount ascertained by the Settlement Officer should not be taken to be amount due from him.(3)The notice shall state the place, time and date for the appearance of the applicant and shall warn the applicant that if he does not appear at such place, time and date, the matter shall be decided ex parte.(4)Where the Settlement Officer is satisfied that the place where the applicant resides is more than twenty miles from the headquarters of the Settlement Officer, the applicant may be asked to appear before the Settlement Officer at some place more accessible to him.(5)The notice to appear shall direct the applicant to produce all documents in possession or power upon which he relies in support of his case.(6)On service of a notice on the applicant under this rule, the applicant shall appear in person or through an agent appointed in writing by him in this behalf who is acquainted with the facts of the case.(7)The Settlement Officer may examine the applicant or his agent with regard to all or any of the statements of fact made in the application and the substance of such examination shall be reduced to writing by the Settlement Officer.(8)The applicant shall be required to place copies of all documents on which he relies on the record maintained in the office of the Settlement Officer.(9)Where the Settlement Officer is satisfied that the notice was duly served upon the applicant, and the applicant has failed to appear in response to the notice, the Settlement Office may decide the matter ex parte.Provided that a copy of ex parte order passed under this sub-rule shall be served on the applicant by registered post acknowledgement due.(10)When an ex parte order is made under this rule, the applicant may within thirty days of the date of the service of the order make an application to the Settlement Officer who made the order for setting it aside and if the Settlement Officer is satisfied that the notice was not duly served on the applicant or that the applicant was prevented by any sufficient cause from appearing on the date fixed, the Settlement Officer shall set aside ex parte order.Explanation - For the purpose of this sub-rule, the date of the service of the order shall mean -(a)Where the order is not returned undelivered, the date when the registered letter was received;(b)Where the order is returned undelivered, the date when the order came to the knowledge of the person concerned.(11)(a)Where at the first hearing, the applicant admits all facts and no controversial issues arise, the Settlement Officer shall make a verification order and forward the application to the Regional Settlement Commissioner.(b)If, however, the Settlement Officer finds that there is a discrepancy between the statement made by the applicant before him and those recorded by applicant in his compensation application, the Settlement Officer shall call upon the applicant to explain the discrepancies, and may, for such purpose, postpone the case to enable the applicant to produce evidence in support of his statements.
