Full Text
REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-14122024-259409
EXTRAORDINARY
PART II-Section 3-Sub-section (i)
PUBLISHED BY AUTHORITY
No. 702] | NEW DELHI, FRIDAY, DECEMBER 13, 2024/AGRAHAYANA 22, 1946
(Department For Promotion Of Industry And Internal Trade)
8063 GI/2024
(1)
2
THE GAZETTE OF INDIA : EXTRAORDINARY
[PART II-SEC. 3(i)]
[PART II-SEC. 3(i)]
THE GAZETTE OF INDIA : EXTRAORDINARY
3
4
THE GAZETTE OF INDIA : EXTRAORDINARY
[PART II-SEC. 3(i)]
[F. No. 9(8)/2020-IL]
GURNEET TEJ, Jt. Secy.
[PART II-खण्ड 3(i)]
भारत का राजपत्र : असाधारण
5
6
THE GAZETTE OF INDIA : EXTRAORDINARY
[PART II-SEC. 3(i)]
[PART II-खण्ड 3(i)]
भारत का राजपत्र : असाधारण
7
MINISTRY OF COMMERCE AND INDUSTRY
(Department For Promotion Of Industry And Internal Trade)
NOTIFICAION
New Delhi, the 12th December, 2024
G.S.R. 764(E).-WHEREAS the draft of the Industries (Development and Regulation) Penalty,
Adjudication and Appeal Rules, 2024 was published as required under sub-section (2) of section 30 of the Industries
(Development and Regulations) Act, 1951 vide notification number G.S.R. 106 (E), dated the 09th September, 2024
in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) inviting objections and suggestions from all
persons likely to be affected thereby before the expiry of a period of thirty days from the date on which copies of the
Official Gazette containing the said notification were made available to public;
AND WHEREAS, copies of the Official Gazette in which the said notification was published were made
available to the public on the 09th September, 2024;
AND WHEREAS the objections and suggestions received from the public in respect of the said draft rules
have been duly considered by the Central Government;
NOW, THEREFORE, in exercise of the powers conferred by clauses (ppa) and (ppb) of sub-section (2) of
section 30 of the Industries (Development and Regulation) Act, 1951(65 of 1951), the Central Government hereby
makes the following rules, namely:-
1. Short title and commencement. —(1) These rules may be called the Industries (Development and Regulation)
Manner of Holding Inquiry and Appeal Rules, 2024.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions. —
(1) In these rules, unless the context otherwise requires, —
(a) "Act" means the Industries (Development and Regulation) Act, 1951(65 of 1951);
(b)"adjudicating officer" means the District Magistrate or the Additional District Magistrate
authorised under sub-section (1) of section 24A of the Act;
(c) "appellant" means a person aggrieved with an order of adjudicating officer and prefers an appeal
before the appellate authority under sub-section (1) of section 24B of the Act;
(d)"appellate authority" means an officer authorised under sub- section (1) of section 24B of the
Act;
(e) "Form" means a form appended to these rules.
(2) The words and expressions used in these rules and not defined, but defined in the Act, shall have the
same meanings respectively assigned to them in the Act.
3. Complainant:- Any person may file a complaint in Form 1 through electronic means or speed post or registered
post to the adjudicating officer regarding any contravention committed under section 24 of the Act.
4. Holding of inquiry. —
(1) For the purpose of adjudication of penalties under section 24A of the Act, on receipt of any complaint
indicating any contravention of any provision of any section specified therein, the adjudicating officer shall,
issue a notice in Form 2 to such person, requiring him to show cause within such period as may be specified
in the notice (being not less than seven days from the date of service thereof) why an inquiry should not be
held against him.
(2) Every notice under sub-rule (1) shall indicate the nature of contravention alleged to have been committed.
(3) After considering the cause, if any, shown by such person, the adjudicating officer is of the opinion that
an inquiry should be held, he shall issue a notice requiring the appearance of that person personally or
through a representative duly authorised by him on such date as may be fixed in the notice.
(4) On the date fixed, the adjudicating officer shall explain to the person proceeded against or his authorised
representative, the contravention committed by such person and the provision of the Act, in respect of which
contravention is alleged to have been committed.
(5) The adjudicating officer shall, then, give an opportunity to such person to produce such documents or
evidence under Form 3 as he may consider relevant to the inquiry and if necessary, the hearing may be
adjourned to a future date (not later than fifteen days from the first date and up to a maximum of three dates)
8
THE GAZETTE OF INDIA: EXTRAORDINARY
[PART II-SEC. 3(i)]
and in taking such evidence the adjudicating officer shall not be bound to observe the provisions of the
Bhartiya Sakshya Adhiniyam, 2023 (47 of 2023).
(6) If any person fails, neglects or refuses to appear as required under sub-rule (3) before the adjudicating
officer, the adjudicating officer may proceed with the inquiry in the absence of such person after recording
the reasons for doing so.
(7) If, upon consideration of the evidence produced before the adjudicating officer, the adjudicating officer is
satisfied that the person has committed the contravention, he may by order in writing, impose such penalty
under the Act as he considers reasonable.
(8) Every order made under sub-rule (7) shall specify the provision of the Act in respect of which
contravention has been committed and shall contain the reasons for imposing the penalty.
(9) Every order made under sub-rule (7) shall be dated and signed by the adjudicating officer.
(10) A copy of the order made under this rule and all other copies of proceedings shall be supplied free of
cost to the person against whom the inquiry was held.
(11) The adjudicating officer shall complete the proceeding within six months from the issuance of the notice
to the person against whom the inquiry was held.
(12) A notice or an order issued under these rules shall be served on the person against whom an inquiry is
held, in any of the following manner, namely:
(i) by delivering or tendering it to that person or his authorized representative; or
(ii) by sending it to the person through electronic means or by registered post or speed post to the
address of his place of residence or his last known place of residence or the place where he carried
on or last carried on, business or personally works or last worked for gain; or
(iii) If it cannot be served in the manner specified under clauses (i) or (ii), by affixing it on the outer
door or some other conspicuous part of the premises in which that person resides or is known to
have last resided or carried on business or personally works or has worked for gain.
5. Appeal. —
(1) An appeal under section 24B of the Act shall be made to the appellate authority in Form 4
within a period of thirty days from the date of receipt of the order.
(2) The appeal shall be accompanied by a copy of order of adjudicating officer and a statement of
facts appealed against, the grounds for appeal and the relevant section of the Act.
(3) The appeal may be filed by the appellant in person or by his representative duly authorized in
writing, or by registered post or speed post or through electronic means.
(4) The appeal sent by post shall be deemed to have been filed to the appellate authority on the day
it is received.
(5) If on scrutiny, the appeal is found to be in order, it shall be admitted and in case the appeal is
found to be defective, the appellate authority shall intimate the appellant about the defects and allow
him to rectify the defects within fifteen days and if the appellant fails to rectify such defects within
the time period, the appellate authority may by order and for reasons to be recorded in writing,
decline to register such appeal and communicate such refusal to the appellant with a period of seven
days thereof.
(6) On admission of the appeal, the appellate authority shall serve a copy of appeal to respondent
along with a notice requiring him to file his reply thereto, within such period, not exceeding thirty
days, as may be stipulated by the appellate authority in the said notice.
(7) The notice may be served by hand or by registered post or speed post or through electronic
means.
(8) The appellate authority may call for the records relating to the proceedings from the adjudicating
officer.
(9) The appellate authority may, after giving the parties to the appeal an opportunity of being heard,
pass such orders as he may consider reasonable.
(10) The appellate authority shall dispose of the appeal within sixty days from the date of appeal.
6. Extension of time.—The adjudicating officer or the appellate authority may, for reasons to be recorded in writing,
where there is a reasonable cause for the delay or failure to act, extend any period specified in these rules till such
period as he considers reasonable.
7. Order and penalties. —
(1) Every order under these rules, shall be dated, signed and communicated to all the parties.
(2) All sums realised by way of penalties under these rules shall be credited to the Consolidated Fund of
India.
[F. No. 9(8)/2020-IL]
GURNEET TEJ, Jt. Secy.
9
Form 1
(See rule 3)
To,
The Adjudicating Officer
1.Particular of complainant:-
(a) Name:
(b) Address for service:
(c) Contact No.
(d) Email (for service):
2. | Particulars of complaint:-
(a) Date, time and instance of commission of alleged contravention:
(b) Statement of contravention setting out all relevant material particulars:
(c) Evidence in support of the statement:
(d) Tentative amount of damage (in pecuniary terms) with cost break-up.
I/We............ the complainant ..............herein declare that the facts stated herein are correct to the best of my/our
knowledge.
3. | Name and Signature of the Complainant:
Note- Strike out whichever is not applicable.
Form 2
[See sub-rule (1) of rule 4]
To
SHOW CAUSE NOTICE
Sub: Contravention of the Industries (Development and Regulation) Act, 1951.
Sir/Madam,
As per intimation | .....dated (copy enclosed), a contravention has been committed under | .section of
the Industries (Development and Regulation) Act, 1951 at
2. | The above contravention is liable for penalty. Therefore, you are required to show cause within a period of
| days of service of this notice, why an inquiry should not be initiated against you under section 24A of the
Industries (Development and Regulation) Act, 1951 for imposition of penalty. In case, no reply is received within the given
period, further action shall be taken under the said Act.
Date and place | Adjudicating officer
10
THE GAZETTE OF INDIA: EXTRAORDINARY
[PART II-SEC. 3(i)]
FORM 3
Furnishing of document or evidence by or on behalf of the contravener
[See sub-rule (5) of rule 4]
To
1. I/we | .hereby give a statement in
reference to the show cause notice dated
2. | Complete address including postal index number/code and state along with mobile number and e-mail:
3. | Signature of the contravener or his authorized representative:
4. | Name of the person along with mobile number who has signed:
FORM 4
Appeal
[See sub-rule (1) of rule 5]
To
Appellate Authority,
1. | Particulars of appellant:
(i) | Name:
(ii) | Address for correspondence:
(iii) | Contact Number:
(iv) | Email:
2. | Grounds of appeal:
(A copy of order of adjudicating officer to be enclosed)
3. | Date of order of the adjudicating officer:
4. | Statement of facts:
I/We........., the appellant hereby declare that the facts stated herein above are correct to the best of my/our knowledge,
information and belief.
5. | Signature of appellant and date:
6. | Name of appellant:
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.
SARVESH KUMAR SRIVASTAVA
Digitally signed by SARVESH KUMAR SRIVASTAVA
Date: 2024.12.14 14:52:19+0530
Login to read full text