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75. Powers of the Board and other offices.-
(1) Where the Board in deciding any question under
the provisions of the Act or where the Chief
Executive Officer in deciding any question
authorised by the Act or the Board or where any
officer in deciding any question authorised by the
Board under the Act, as the case may be, considers
it necessary or proper to make an inquiry , then the
Board, the Chief Executive Officer or the officer
authorised by the Board, as the case may be, for the
purpose of holding such inquiry, the following
powers, namely:-
(a) to summon any person resident in the State whose
evidence may appear to it/him to be necessary for
the investigation of any matter under inquiry and
also to require the production of any document
relevant to the matter under enquiry which may be in
the possession or under the control of such person;
or
(b) requiring the discovery and the production of
any document or material object produceable as
evidence; and
(c) to grant to any such person such allowance as is
admissible to a witness summoned by a civil court
and to pass orders as to the person by whom or the
find out of which the allowance shall be paid.
76. Issue of notices.-
(1) Such notices shall be in writing and
authenticated by the Chief Executive Officer or any
officer specially authorised in this behalf.
(2) It shall require the person summoned to appear
before the Board or the officer at a stated time and
place and shall specify whether his attendance is
required for the purpose of giving evidence or to
produce document or for both purposes and any
particular document, the production of which is
required shall be described in the notice with
convenient certainty.
(3) Any person may be summoned to produce a document
without being summoned to give
evidence, and any person summoned merely to produce
a document shall be deemed to
have compiled with the summons if he causes such
documents to be produced, instead of
attending personally to produce the same.
(4) When a person whose evidence may be required is
unable from sickness or infirmity, to
attend before the officer issuing the notice or is a
person exempt from personal
appearance under the Code of Civil Procedure,1908,
the officer issuing the notice may be
of his own motion, or on the application of the
party whose evidence is desired, dispense
with the appearance of such person and order him to
be examined by an officer deputed
for the purpose.
77. Right of person summoned.-
(1) All persons who appear in response to the
notices issued shall within the time specified in
the notice or within such further time as may be
granted, file statement containing their objections
or suggestions:
Provided that the Board may allow, any person who
has not filed a statement within the stipulated time
to make representation during the subsequent stage
of enquiry.
(2) Any party to the proceedings shall have the
right to appear in person or by pleader to adduce
oral or documentary evidence and also apply for
summoning of witnesses or production of documents.
78. Return of documents produce.- Any person
desirous of receiving back any document produced by
him at the enquiry shall be entitled to receive back
the same if the proceedings in which the orders made
are not liable to be questioned before the Tribunal.
79. Service of notice how effected.- When any notice
or other document is required by the Act or by these
rules or any regulation or order made under it, to
be served on or sent to any person, the service or
sending thereof may be effected –
(1) (a) by giving or tendering the said notice or
document to such person;
(b) if such person is not found, by leaving such
notice or document at his last known place of abode
or business or giving or tendering the same to some
adult member or servant of his family or to the Head
of the Institution or any authorised person in the
case of employees working in Firms, work place etc,
and on shift duties outside the normal working hours
of public offices and or where admission of notice
serving officials of the Board are restricted and
normal course of serving notices is not possible; or
(c) if such person’s address elsewhere is known to
the Chief Executive Officer, by sending the same to
him by registered post; or
(d) if none of the means aforesaid be available, by
affixing the same in some conspicuous part of such
place of abode or business.
(2) When the person is an owner or occupier of any
building or land, it shall not be necessary to name
the owner or occupier in the notice or document, and
in the case of joint owners and occupiers it shall
be sufficient to serve it on, or send it to, one of
such owners or occupiers.
(3) Whenever in any notice, form or other document
served or sent under the Act or these rules any
regulation or order made thereunder, a period is
fixed within which any document is to be produced or
anything is to be done or executed, such period
shall, in the absence the Act, rule regulation or
order of any distinct provision to the contrary,
calculated from the date of such service or sending.
(4) In case of refusal of a notice the date of
refusal shall be deemed to be the date of service
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