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      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Carriage of goods or luggage.
      • 4. Prohibition against carriage of dangerous and offensive material.
      • 5. Application of other Acts and rules.
      • 6. Diseases declared to be infections and contagions.
      • 7. Particulars of ticket.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Supply of copies of rules.
      • 4. Upkeep of the copy of rules.
      • 5. Knowledge of rules and issue of certificate of competency.
      • 6. Assistance in observance of rules.
      • 7. Obedience to rules and orders.
      • 8. Prevention of trespass, damage or loss.
      • 9. Attendance for duty.
      • 10. Absence from duty.
      • 11. Taking alcoholic drink, sedative, narcotic, stimulant drug or preparation.
      • 12. Conduct of Bangalore Metro Railway Employees.
      • 13. Duty for ensuring safety.
      • 14. Standard Time.
      • 15. Access control.
      • 16. General.
      • 17. Description of signals.
      • 18. Provisions of signals.
      • 19. Working of Signals and points.
      • 20. Control of Signaling.
      • 21. Train detained on Line.
      • 22. Absence of cab signaling.
      • 23. Failure of fixed Signals.
      • 24. Failure of route setting.
      • 25. General.
      • 26. Service Regularity.
      • 27. Speed of trains.
      • 28. Caution Order.
      • 29. Train Staffing.
      • 30. Train Defects.
      • 31. Examination of Trains.
      • 32. Duties of a Train operator.
      • 33. Locomotives, works trains and maintenance vehicles.
      • 34. Kinds of Platform doors.
      • 35. Normal working of doors.
      • 36. Abnormal working and emergency usages of doors.
      • 37. Indications.
      • 38. Responsibilities of Station Controller.
      • 39. Responsibilities of Platform Supervisor.
      • 40. Responsibilities of booking office staff.
      • 41. Security.
      • 42. Station working orders.
      • 43. Prevention of overcrowding.
      • 44. Emergency evacuation.
      • 45. Supervision of train movements.
      • 46. Class of station.
      • 47. Report of the accident and unusual occurrences.
      • 48. Duties of the station staff.
      • 49. Train stopped between stations.
      • 50. Train divided.
      • 51. Unusual occurrences.
      • 52. Flooding.
      • 53. Other unsafe conditions.
      • 54. Accidents.
      • 55. Continuous Automatic Train Control System.
      • 56. Automatic mode.
      • 57. Coded Manual mode.
      • 58. Run on Sight mode.
      • 59. Restricted Manual mode.
      • 60. Cut-Out Mode.
      • 61. Objective of single line working.
      • 62. Implementation.
      • 63. Signaling Failures.
      • 64. General.
      • 65. Track work and track side work in non-traffic hours.
      • 66. Track work and track side work which extends into traffic hours.
      • 67. Emergency track work or track side work in traffic hours.
      • 68. Engineer's Possession.
      • 69. Works at Stations.
      • 70. Switching on, and off, of traction and power supply distribution .
      • 71. Access.
      • 72. Arcing and Fire.
      • 73. Inspection and Maintenance of Electrical Way and Works.
      • 74. Issue of Caution order.
      • 75. Protection of Trains in case of Third rail equipment failure or breakdown.
      • 76. Permit to work adjacent to or involving electrical equipment.
      • 77. Warning to staff and public.
      • 78. Alterations to track.
      • 79. Additional rules for electrified sections.
      • 80. Switching 'off' and 'on' of traction current.
      • 81. Procedure for preventing admission of electric rolling stock into or over sections of track with dead or earthed third rail.
      • 82. Application of special instructions.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Opening of Bangalore Metro railway.
      • 4. Supply of documents to Commissioner.
      • 5. Contents of documents.
      • 6. Deviations from manuals of practice to be notified.
      • 7. Metro Railway Administration to make special arrangements.
      • 8. Supply of information to Commissioner.
      • 9. Dismantling of any work on request by Commissioner.
      • 10. Officer in-charge to accompany Commissioner at inspection.
      • 11. Commissioner to make full and complete examination.
      • 12. Provisions for handling traffic at stations.
      • 13. Inspection of bridges or viaducts.
      • 14. Procedure for inspection of bridges or viaducts.
      • 15. Inspection of electrical installation.
      • 16. Inspection of rolling stock.
      • 17. Inspection of signaling and telecom facilities.
      • 18. Inspection of facilities for relief of passengers in emergencies.
      • 19. Contents of report.
      • 20. Documents accompanying inspection report.
      • 21. Submission of report to Central Government.
      • 22. Sanction to open metro railway.
      • 23. Opening of a metro railway by Commissioner.
      • 24. Use of new type of rolling stock.
      • 25. Notice of alterations or changes.
      • 26. Opening of new or strengthening bridges or viaducts.
      • 27. Use of new type of signalling equipment.
      • 28. Alteration or changes in electric traction equipment and use of new traction equipment.
      • 29. Signals.
      • 30. Points.
      • 31. Interlocking.
      • 32. Track Circuits.
      • 33. Sidings.
      • 34. Provision of isolation at stations.
      • 35. Emergency communication.
      • 36. General.
      • 37. Design of Electric Installations.
      • 38. Display of caution boards and notices.
      • 39. Protection of private property against corrosion effects of DC traction.
      • 40. Approval of energization of high tension lines.
      • 41. Procedure for energization of traction installations.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Procedure for filing applications.
      • 4. Scrutiny of appellant.
      • 5. Notice to Metro Railway Administration.
      • 6. Filing of an affidavit.
      • 7. Filing of reply and other documents by the respondents.
      • 8. Summary disposal of appellation.
      • 9. Ex-parte hearing and disposal of application.
      • 10. Disposal of application in default.
      • 11. Summoning of witnesses and method of recording evidence.
      • 12. Decision of the Claims Commissioner.
      • 13. Order to be passed and signed.
      • 14. Review of decision.
      • 15. Orders or directions by Claims commissioner.
      • 16. Association of experts.
      • 17. Amount of Compensation.
      • 18. Limit of Compensation.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Committee for Investigation of complaints.
      • 4. Judge to conduct inquiry.
      • 5. Inquiry report.
      • 6. Provisions of Civil Procedure Code not binding.
      • 7. Suspension of Claims Commissioner.
      • 8. Subsistence allowance.
      • 1. Short title and Commencement.
      • 2. Definitions.
      • 3. Particulars to be given in the notices.
      • 4. Mode of sending notices.
      • 5. Facility for reaching the site of accident.
      • 6. Attendance of metro railway employees at place of inquires conducted by Commissioner or a Magistrate.
      • 7. Procedure for inquiry into accident and report thereon under section 43.
      • 8. Inquiry into accidents by metro railway administration under section 40.
      • 9. Procedure for inquiry by metro railway Administration.
      • 10. Notice of joint inquiry or departmental inquiry.
      • 11. Procedure for joint inquiry or departmental, inquiry and action to be taken thereon.
      • 12. Reports of inquiries into accidents covered by section 45 to be forwarded to Commissioner.
      • 13. Return of accidents.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Carriage of goods or luggage.
      • 4. Prohibition against carriage of dangerous and offensive goods.
      • 5.
      • 6. Application of other Acts and rules.
      • 7. Diseases declared to be infectious and contagious.
      • 8. Particulars of ticket.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Notice of accident.
      • 4. Mode of sending notices.
      • 5. Facility for reaching the site of the accident.
      • 6. Procedure for inquiry into accident by the Commissioner of the Metro Railway Safety and report thereon under section 43 of the Act.
      • 7. Attendance of Metro Railway employees at the place of inquiries conducted by Commissioner of the Metro Railway Safety or a Magistrate.
      • 8. Publication of Report by the Chief Commissioner of Railway Safety.
      • 9. Inquiry into accidents by Metro Railway Administration under section 40 of the Act.
      • 10. Inquiries into accidents covered by section 45 of the Act.
      • 11. Procedure for inquiry by the Metro Railway Administration.
      • 12. Notice of Joint Inquiry or Departmental Inquiry.
      • 13. Report of Joint Inquiry or Departmental Inquiry and the action to be taken thereon.
      • 14. Return of accidents.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Committee for investigation of complaints.
      • 4. Judge to conduct inquiry.
      • 5. Inquiry Report.
      • 6. Provisions of Civil Procedure Code not binding.
      • 7. Suspension of Claims Commissioner.
      • 8. Subsistence allowance.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Procedure for filing applications.
      • 4. Scrutiny of application.
      • 5. Notice to Metro Railway Administration.
      • 6. Filing of an Affidavit.
      • 7. Filing of reply and other documents by the respondents.
      • 8. Summary disposal of application.
      • 9. Ex-parte hearing and disposal of application.
      • 10. Disposal of application in default.
      • 11. Summoning of witnesses and method of recording evidence.
      • 12. Decision of the Claims Commissioner.
      • 13. Order to be passed and signed.
      • 14. Review of decision.
      • 15. Orders or directions by the Claims Commissioner.
      • 16. Association of experts.
      • 17. Amount of compensation.
      • 18. Limit of compensation.
      • 1. Short title and Commencement of the Rules.
      • 2. Definitions.
      • 3. Supply of Copies of rules.
      • 4. Upkeep of the copy of the rules.
      • 5. Knowledge of rules and issue of certificate of competency.
      • 6. Assistance in observance of rules.
      • 7. Obedience to rules and orders.
      • 8. Prevention of trespass, damage or loss.
      • 9. Attendance for duty.
      • 10. Absence from duty.
      • 11. Taking alcoholic drink, sedative, narcotic, stimulant drug or preparation.
      • 12. Conduct of Delhi Metro Airport Express Line Employees.
      • 13. Duty for ensuring safety.
      • 14. Standard Time.
      • 15. General.
      • 16. Description of signals.
      • 17. Provisions of Signals.
      • 18. Working of Signals and points.
      • 19. Control of Signaling.
      • 20. Train detained on Line.
      • 21. Absence of cab signalling.
      • 22. Failure of fixed Signals.
      • 23. Failure of route setting.
      • 24. General.
      • 25. Service Regularity.
      • 26. Speed of trains.
      • 27. Caution Order.
      • 28. Train Staffing.
      • 29. Train Defects.
      • 30. Examination of Trains.
      • 31. Duties of a Train operator.
      • 32. Locomotives, works trains and maintenance vehicles.
      • 33. General.
      • 34. Kinds of Platform doors.
      • 35. Normal working of doors.
      • 36. Abnormal working and emergency usages of doors.
      • 37. Indications.
      • 38. Responsibilities of Station Controller.
      • 39. Responsibilities of Platform Supervisor.
      • 40. Responsibilities of Baggage Handling Supervisor.
      • 41. Responsibilities of Booking office staff.
      • 42. Security.
      • 43. Station working orders.
      • 44. Prevention of overcrowding.
      • 45. Emergency evacuation.
      • 46. Supervision of train movements.
      • 47. Class of station.
      • 48. Report of the accident and unusual occurrences.
      • 49. Duties of the station staff.
      • 50. Train stopped between stations.
      • 51. Train divided.
      • 52. Unusual occurrences.
      • 53. Flooding.
      • 54. Other unsafe conditions.
      • 55. Accidents.
      • 56. Continuous Automatic Train Control System.
      • 57. Automatic Mode.
      • 58. Automatic Reversal Mode.
      • 59. Coded Manual mode.
      • 60. Restricted Manual mode.
      • 61. Cut-Out Mode.
      • 62. Objective of single line working.
      • 63. Implementation.
      • 64. Signaling Failures.
      • 65. General.
      • 66. Track work and track side work in non traffic hours.
      • 67. Track work and track side work which extends into traffic hours.
      • 68. Emergency track work or track side work in traffic hours.
      • 69. Engineer's Possession.
      • 70. Works at Stations.
      • 71. Switching on, and off, of traction and power supply distribution.
      • 72. Access.
      • 73. Arcing and Fire.
      • 74. Inspection of electrical way and works.
      • 75. Issue of Caution Order.
      • 76. Protection of the trains in case of overhead equipment failure or breakdown.
      • 77. Permit to work on Electrical equipment.
      • 78. Work on service building and structures in the vicinity of live equipment.
      • 79. Warning to staff and public.
      • 80. Alterations to Track.
      • 81. Tripping of circuit breakers of electrical multiple Units in Neutral sections.
      • 82. Tower Wagon or Catenary inspection Car.
      • 83. Working of ladder trollies.
      • 84. Additional rules for electrified Sections.
      • 85. Sectioning and siding switches.
      • 86. Procedure for preventing admission of electric rolling stock into or over sections of track with dead or earthed overhead lines.
      • 87. Other system of block working.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Constitution of Government metro railway.
      • 4. Appointment of General Manager.
      • 5. Functions of metro railway administration.
      • 6. Powers of metro railway administration.
      • 7. Appointment of Commissioner of Metro Railway Safety.
      • 8. Duties of Commissioner.
      • 9. Powers of Commissioner.
      • 10. Commissioner to be public servant.
      • 11. Facilities to be provided to Commissioner.
      • 12. Annual report of Commissioner.
      • 13. Annual report to be laid before Parliament.
      • 14. Sanction of Central Government to the opening of metro railway.
      • 15. Formalities to be complied with before giving sanction to the opening of metro railway.
      • 16. Sections 14 and 15 to apply to the opening of certain works.
      • 17. Temporary suspension of traffic.
      • 18. Power to close metro railway opened for public carriage of passengers.
      • 19. Re-opening of closed metro railway.
      • 20. Use of rolling stock.
      • 21. Delegation of powers.
      • 22.Power to make rules in respect of matters in this Chapter.
      • 23. Exhibition of fare tables at station and supply of tickets.
      • 24. Exhibition and surrender of pass and ticket.
      • 25. Prohibition against traveling without pass or ticket.
      • 26. Carriage of goods.
      • 27. Prohibition against traveling of person suffering from infectious or contagious diseases and powers to remove them.
      • 28. Communication between passengers and metro railway officials in charge of trains.
      • 29. Right of metro railway administration to display commercial advertisements on metro railway or on the premises occupied by it.
      • 30. Carriage of dangerous or offensive material.
      • 31. Power to remove persons from metro railway and its carriages.
      • 32. Power to make rules.
      • 33. Fixation of fare for carriage of passengers.
      • 34. Constitution of Fare Fixation Committee.
      • 35. Other terms and conditions and procedure to be followed.
      • 36. Period for making recommendations.
      • 37. Recommendations to be binding on metro railway administration.
      • 38. Notice of metro railway accident.
      • 39. Inquiry by Commissioner.
      • 40. Inquiry by metro railway administration.
      • 41. Powers of Commissioner in relation to inquiries.
      • 42. Statement made before Commissioner.
      • 43. Procedure for conducting inquiry.
      • 44. No inquiry, investigation, etc., to be made if the Commission of Inquiry is appointed.
      • 45. Inquiry into accident not covered by section 38.
      • 46. Returns.
      • 47. Power to make rules in respect of matters in this Chapter.
      • 48. Claims Commissioner.
      • 49. Qualifications for appointment as Claims Commissioner.
      • 50. Term of office.
      • 51. Resignation and removal.
      • 52. Salary and allowances and other conditions of Claims Commissioner.
      • 53. Procedure and powers of Claims Commissioner.
      • 54. Decision of Claims Commissioner.
      • 55. Savings as to certain rights.
      • 56. Power to make rules.
      • 57. Extent of liability.
      • 58. Application for compensation.
      • 59. Drunkenness or nuisance on metro railway.
      • 60. Penalty for taking or causing to take offensive material upon metro railway.
      • 61. Penalty for taking or causing to take dangerous material upon metro railway.
      • 62. Prohibition of demonstrations upon metro railway.
      • 63. Penalty for traveling on roof, etc., of a train.
      • 64. Penalty for unlawfully entering or remaining upon metro railway or walking on metro track.
      • 65. Endangering the safety of passengers by metro railway official.
      • 66. Abandoning train, etc., without authority.
      • 67. Obstructing running of train, etc.
      • 68. Obstructing metro railway official in his duties.
      • 69. Travelling without proper pass or ticket or beyond authorized distance.
      • 70. Needlessly interfering with means of communication in a train.
      • 71. Altering or defacing or counterfeiting pass or ticket.
      • 72. Defacing public notices.
      • 73. Any sale of articles on metro railway.
      • 74. Maliciously wrecking a train or causing sabotage.
      • 75. Penalty for unauthorized sale of tickets.
      • 76. Maliciously hurting or attempting to hurt persons traveling by metro railway.
      • 77. Endangering safety of persons traveling by metro railway by rash or negligent act or omission.
      • 78. Damage to or destruction of certain metro railway properties.
      • 79. Endangering the safety of persons traveling by metro railway by willful act or omission.
      • 80. Penalty for making a false claim for compensation.
      • 81. Offences by companies.
      • 82. Power of arrest without warrant.
      • 83. Arrest of person likely to abscond, etc.
      • 84. Magistrate having jurisdiction under the Act.
      • 85. Place of trial.
      • 86. Power of Central Government to issue directions.
      • 87. Prohibition to work as non
      • 88. Protection of action taken in good faith.
      • 89. Restriction on execution against metro railway property.
      • 90. Officials of metro railway administration to be public servants.
      • 91. Procedure for delivery to metro railway administration of property detained by a metro railway official.
      • 92. Proof of entries in records and documents.
      • 93. Service of notice, etc., on metro railway administration.
      • 94. Service of notice, etc., by metro railway administration.
      • 95. Presumption where notice is served by registered post.
      • 96. Representation of metro railway administration.
      • 97. Appointment of security staff.
      • 98. Delegation of powers.
      • 99. Power to remove difficulties.
      • 100. Power of Central Government to make rules.
      • 101. Power of metro railway administration to make regulations.
      • 102. Rules and regulations to be laid before Parliament.
      • 103. Effect of Act inconsistent with other enactments.
      • 104. Application of other Acts.
      • 105. Repeal and savings.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Committee for Investigation of complaints.
      • 4. Judge to conduct inquiry.
      • 5. Inquiry Report.
      • 6. Provisions of Civil Procedure Code not binding.
      • 7. Suspension of Claims Commissioner.
      • 8. Subsistence allowance.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Procedure for filing applications.
      • 4. Scrutiny of application.
      • 5. Notice to Metro Railway Administration.
      • 6. Filing of an Affidavit.
      • 7. Filing of reply and other document by the respondents.
      • 8. Summary disposal of application.
      • 9. Ex-parte bearing and disposal of application.
      • 10. Disposal of application in default.
      • 11. Powers of Claims Com missioner.
      • 12. Summoning of witnesses and method of recording evidence.
      • 13. Decision of the Claims Commissioner.
      • 14. Order to be passed and signed.
      • 15. Review of decision.
      • 16. Orders or directions by the Claims Commissioner.
      • 17. Inherent powers of the Claims Commissioner.
      • 18. Association of experts.
      • 19. Amount of compensation.
      • 20. Limit of compensation.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Salary and allowances.
      • 4. Accommodation.
      • 5. Facilities for medical treatment.
      • 6. Conditions of service, etc.
      • 7. Office accommodation and other facilities.
      • 8. Residual provision.
      • 9. Power to relax.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Carriage of goods or luggage.
      • 4. Prohibition against carriage of dangerous and offensive material.
      • 5. Persons who may carry weapons, arms, etc.
      • 6. Diseases declared to be infectious and contagious.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Notice of accident.
      • 4. Facility for reaching the site of the accident.
      • 5. Inquiry of accidents by the Commissioner.
      • 6. Notice of Inquiry and attendance.
      • 7. Procedure for inquiry into accident by the Commissioner.
      • 8. Publication of report by the Chief Commissioner of Railway Safety.
      • 9. Inquiry into accidents by the Metro Railway Administration.
      • 10. Procedure for inquiry by the Metro Railway Administration.
      • 11. Annual Return of accidents.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Committee for investigation of complaints.
      • 4. Judge to conduct inquiry.
      • 5. Inquiry report.
      • 6. Provisions of Civil Procedure Code not binding.
      • 7. Suspension of Claims Commissioner.
      • 8. Subsistence allowance.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Procedure for filing applications.
      • 4. Scrutiny of application.
      • 5. Notice to Metro Railway Administration.
      • 6. Filing of an Affidavit.
      • 7. Filing of reply and other documents by the respondents.
      • 8. Summary disposal of application.
      • 9. Exparte hearing and disposal of application.
      • 10. Disposal of application in default.
      • 11. Summoning of witnesses and method of recording evidence.
      • 12. Decision of the Claims Commissioner.
      • 13. Order to be passed and signed.
      • 14. Review of decision.
      • 15. Orders or directions by the Claims Commissioner.
      • 16. Association of experts.
      • 17. Amount of compensation.
      • 18. Limit of compensation.

The Metro Railways (Procedure for Investigation of Misbehaviour or Incapacity of the Claims Commissioner) Rules, 2017

Published vide Notification No. G.S.R. 354(E), dated 11th April, 2017

act1979

G.S.R. 354(E). - In exercise of the powers conferred by clause (i) of sub-section (2) of section 56 of the Metro Railways (Operation and Maintenance) Act, 2002 (60 of 2002), and in supersession of (i) the Delhi Metro Rail (Procedure for Investigation of Misbehaviour or incapacity of Claims Commissioner) Rules, 2007,

(ii) the Bangalore Metro Rail (Procedure for investigation of Misbehaviour or Incapacity of Claims Commissioner) Rules, 2011 and

(iii) The Chennai Metro Rail (Procedure for Investigation of Misbehaviour or Incapacity of Claims Commissioner) Rules, 2014, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely:-

1. Short title and commencement. - (1) These rules may be called the Metro Railways (Procedure for Investigation of Misbehaviour or Incapacity of the Claims Commissioner) Rules, 2017.

(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 Metro Railways (Operation and Maintenance) Act,2002 (60 of 2002);

(b) "section" means a section of the Act;

(c) "Judge" means the Judge of the Supreme Court appointed for conducting the inquiry under sub-rule (3) of rule 3.

(2) Words and expressions used in these rules and not defined, but defined in the Act, shall have the meanings, respectively assigned to them in the Act.

3. Committee for investigation of complaints. - (1) The Central Government, on receipt of a complaint alleging any definite charges of misbehavior in respect of or incapacity to perform the functions of the office in respect of the Claims Commissioner, shall make a preliminary scrutiny of such complaint.

(2) If, on preliminary scrutiny, the Central Government, considers it necessary to investigate into the allegation, it shall place the complaint together with supporting material, as may be available, before a Committee consisting of the following persons to investigate the charges of allegations made in the complaint, namely:-

(i)

Secretary (Co-ordination and Public Grievances) Cabinet Secretariat

- Chairman.

(ii)

Secretary, Ministry of Urban Development

- Member

(iii)

Secretary, Department of Legal Affairs, Ministry of Law and Justice

- Member

(3) The Committee shall devise its own procedure and method of investigation which may include recording of evidence of the complainant and collection of material relevant to the inquiry which may be conducted by a Judge of the Supreme Court of India under these rules.

(4) The Committee shall submit is findings to the Central Government as early as possible within a period as may be specified by the Central Government in this behalf.

4. Judge to conduct inquiry. - (1) If the Central Government is of the opinion that there are reasonable grounds for making an inquiry into the truth of any imputation of misbehaviour or incapacity of Claims Commissioner, it shall make reference to the Chief Justice of India requesting him to nominate a Judge of the Supreme Court to conduct the inquiry.

(2) The Central Government shall, by order, appoint the Judge of the Supreme Court nominated by the Chief Justice of India (hereinafter referred to as Judge) for the purpose of conducting the inquiry.

(3) Notice of appointment of a Judge under sub-rule (2) shall be given to the Claims Commissioner.

(4) The Central Government shall forward to the Judge a copy of

(a) the articles of charges against the Claims Commissioner concerned and the statement of imputation;

(b) the statement of witnesses, if any; and

(c) material documents relevant to the inquiry.

(5) The Judge shall complete the inquiry within such time or further time as may be specified by the Central Government.

(6) The Claims Commissioner concerned shall be given a reasonable opportunity of presenting a written statement of defence within such time as may be specified in this behalf by the Judge.

(7) Where it is alleged that the Claims Commissioner is unable to discharge the duties of his office efficiently due to any physical or mental incapacity and the allegation is denied, the judge may arrange for the medical examination of the Claims Commissioner by such Medical Board as may be appointed for the purpose by the Central Government and the Claims Commissioner concerned shall submit himself to such Medical Examination within the time specified in this behalf by the Judge.

(8) The Medical Board shall undertake such medical examination of the Claims Commissioner as may be considered necessary and submit a report to the Judge stating therein whether the incapacity is such as to render the Claims Commissioner unfit to continue in office.

(9) If the Claims Commissioner refuses to undergo such medical examination as considered necessary by the Medical Board, the Board shall submit a report to the Judge stating therein the examination which the Claims Commissioner has refused to undergo and the Judge may on receipt of such report presume that the Claims Commissioner suffers from such physical or mental incapacity as is alleged in the complaint.

(10) The Judge may, after considering the written statement of the Claims Commissioner and the Medical Report, if any, amend the charges referred to in clause (a)of sub-rule (4) and in such a case the Claims Commissioner shall be given a reasonable opportunity of presenting a fresh written statement of defence.

(11) The Central Government shall appoint an officer of that Government or any Advocate to present the case against the Claims Commissioner.

(12) Where the Central Government has appointed an Advocate to present its case before the Judge, the Claims Commissioner shall also be allowed to present his case by an Advocate chosen by him.

5. Inquiry report. - After the conclusion of the investigation, the Judge shall submit his report to the Central Government stating therein his findings and the reasons thereof on each of the articles of charge separately with such observations on the whole case as he thinks fit.

6. Provisions of Civil Procedure Code not binding. - The Judge, while conducting an inquiry under rule 4, shall not be bound by the procedure laid down by the Civil Procedure Code, 1908 (5 of 1908) , but shall be guided by the principles of natural justice and shall have power to regulate his own procedure including the fixing of places and times of his inquiry.

7. Suspension of Claims Commissioner. - Notwithstanding anything contained in rule 4 and without prejudice to any action being taken in accordance with the said rule, the Central Government, keeping in view the gravity of charges, may suspend the Claims Commissioner against whom a complaint is under investigation or inquiry.

8. Subsistence allowance. - The payment of subsistence allowance to Claims Commissioner under suspension shall be regulated in accordance with the rules and orders for the time being applicable to an officer of the Government of India drawing an equivalent pay.

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Biggest Law Library in Mobile
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Headlines with Full Text of Cases!
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Searchable Back Volumes from 1950 !
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With Searchable Back Volumes from 1950 !
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