Section 14 in The Actuaries (Procedure For Enquiry Of Professional And Other Misconduct) Rules, 2008
14. Procedure to be followed by the committee .-(1) The committee shall follow summary disposal procedure in dealing with all cases before it, as laid down in this Chapter.
(2)If the committee decide to proceed further under rule 2 or rule 9, it shall expeditiously cause to deliver to the Defendant and the complainant, a copy each of the following, namely,-(a)opinion formed by the Director on the complaint or information; and(b)particulars or documents relied upon by the Director, if any, during the course of formulation of opinion.(3)The Committee shall inform the Defendant to file a written statement, within such time as may be specified:Provided that the committee may grant additional time for filing his written statement on application made by the Defendant on his adducing sufficient reasons to the satisfaction of the Committee for seeking additional time:Provided further that such additional time shall not be given more than once and if the Defendant does not file the written statement within the additional time granted under first proviso, the committee shall presume that the Defendant has no further submissions to make and shall proceed to decide the case on merits.(4)The Defendant shall send a copy of his written statement along with supporting documents to the Director and to the complainant within the time.(5)The complainant may, after receipt of the written statement, file the rejoinder, if any, to the committee, with a copy of the rejoinder to the Defendant along with documents, if any.(6)The Presiding Officer shall fix the date, hour and place for hearing, of the information or complaint, which shall not ordinarily be later than 45 days from the date of receipt of opinion taken by the committee; and the committee shall cause a notice to be sent of such date, hour and place to the Director, Defendant and complainant and require them to appear before it in person to make oral submission, if any.(7)On the date fixed for hearing, if the Defendant, on receipt of the service of notice, under sub-rule (6), does not appear either in person or through his authorised representative, as the case may be, the committee may precede ex parte and proceed with the matter as provided under sub-rule (19) or, as the case may be, direct fresh notice to be served.(8)During the first hearing, the committee shall read out the allegations to the Defendant along with the summary of opinion arrived at by the Director, and ask the Defendant whether he pleads guilty to the allegations made against him:Provided that, if the Defendant does not appear before the Committee on the place, date and time fixed by it, the Committee shall proceed with the proceeding in accordance with the provisions of this Chapter.(9)If the Defendant pleads guilty, the Committee shall record the statement of Defendant and take submit the report to the Council as per the provision of the Act.(10)If the Defendant does not plead guilty, then the Committee shall fix a date for examination of witnesses or production of documents, if any.(11)The Committee may, on application of the complaint, Defendant or Director, issue notice to any of his witnesses to attend or produce any other document or, as the case may be, evidence.(12)The Committee shall, on date fixed for hearing, proceed to take all such evidence as may be produced by complaint, Defendant or the Director including oral examination of witnesses or production of documents:Provided that the Committee may permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination.(13)After the presenting of evidence by the Director is over, the complainant shall be given an opportunity, if present during the hearing, to present any additional evidence after satisfying the Committee that such evidence is relevant and has not been brought forward during the presentation by the Director.(14)The Defendant shall be then called upon to enter upon his defence and produce his evidence.(15)If the Defendant applies to the Committee to issue any notice for compelling attendance of any witness for the purpose of examination or cross-examination, or the production of any document or any material object, the Committee shall issue such notice unless it considers that such application shall be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice and such ground shall be recorded by it in writing.(16)The notice issued to the witnesses at the request of the complainant under sub-rule (13) or the Defendant under sub-rule (15) shall not be eligible for reimbursement of expenses incurred for attending the proceeding.(17)After evidences have been adduced, the Director and the Defendant shall present their arguments before the Committee:Provided that, if the complainant is present during the proceeding feels that any vital argument has been left out by the Director, may present the argument, after convincing the Committee of the same.(18)The Committee may, at any stage of the proceeding, adjourn the hearing on such terms as it thinks fit:Provided that such adjournment shall not be given more than once at any stage of the proceeding.(19)The committee shall consider the written statement, rejoinder and documents relating thereto, and the oral submission, if any made by the Defendant, or the Director and the respondent, and arrive at a finding on whether the Defendant is guilty or not of any professional or other misconduct.
