Rule 44: Enquiry

Finin2min analysis — operative rule mechanics

Full notified text — Rule 44

44. Enquiry.– (1) On receipt of a complaint of an offence committed under sub-sections (3), (5), (7), (8), (9), (10), (11)
and (20) of section 86 and sub-section (7) of section 89, the complaint shall be enquired into by an officer not below the
rank of Under Secretary to the Government of India, appointed by the Central Government for such purpose under sub-
section (1) of section 85 (hereinafter referred to as the “enquiry officer”).

(2) On receipt of the complaint, the enquiry officer shall call upon the person or persons through notice to be sent
electronically, or by speed post and upload a copy of the same on the designated portal of the Ministry of Labour and
Employment, to appear before him on a specified date together with all relevant documents and witnesses, if any, and
shall inform the complainant of the date so specified.

(3) Where a party so desires, he may request in writing to the enquiry officer to issue notice in the enquiry only by post
and also in cases where the enquiry officer feels that no electronic means of communication are available to the parties
concerned, he may send such notice by speed post.

(4) In case the person to whom notice has been issued under sub-rule (2), the person or his representative fails to appear
on the specified date, the enquiry officer may proceed to hear and determine the complaint ex-parte.

(5) In case the complainant fails to appear on the specified date without any information to the enquiry officer on two
consecutive dates, the enquiry officer may dismiss the complaint:

        Provided that not more than three adjournments may be given on the joint application by the complainant and
the opposite party:

         Provided further that the enquiry officer shall at his discretion permit hearing the parties or any of the party, as
the case may be, through video conferencing.

(6) The authorisation to appear on behalf of any person under sub-section (2) of section 85 of the Code shall be given
by a certificate or electronic certificate, as the case may be, which shall be presented to the enquiry officer during the
hearing of the complaint and shall form part of the record.

(7) Any person who intends to appear in the proceeding on behalf of the complainant shall present before the enquiry
officer and submit a brief statement in writing explaining the reason for his appearance.

(8) The enquiry officer shall record an order on the statement referred to in sub-rule (7) permitting the person referred
to in that sub-rule to appear in the proceeding on behalf of the complainant, and in the case of refusing such permission,
the enquiry officer shall include reasons for the same and incorporate it in the record.

(9) The complaint or other documents relevant to the complaint may be presented in person to the enquiry officer at
any time during hours fixed by the enquiry officer or may be sent to him electronically or by speed post and the opposite
party shall have the right to reply to the complaint and such other documents.

(10) The enquiry officer shall endorse or cause to be endorsed on each document, the date of its presentation or receipt,
as the case may be, and if the documents are submitted electronically, no such endorsement shall be necessary.

(11)     The enquiry officer may refuse to entertain a complaint, if considers that the complaint is incomplete and may
request the complainant to rectify the defects within the time specified for such purpose:

        Provided that if the enquiry officer observes that it is not possible to rectify the defects in the complaint, he
 may at once return such complaint indicating the defects.

(12) Where the complaint is presented after rectification of the defects, the date of such re-presentation shall be deemed
to be the date of presentation for the purpose of sub-section (1) of section 85 of the code.

(13) The enquiry officer may, after giving the complainant an opportunity of being heard, refuse to entertain a complaint,
if satisfied for reasons to be recorded in writing, that—

         (a) the complainant is not entitled to present the complaint; or

         (b) the complainant has filed the complaint beyond six months from the date on which the offence complained
             is committed;

         (c) the complainant fails to comply with the directions given by the enquiry officer under sub-section (2) of
              section 85 of the Code.

(14) The enquiry officer shall, in all cases mention the particulars at the time of passing of order containing the details,
such as, the date of complaint, name and address of the complainant, name and address of the opposite party or opposite
parties, section-wise details of the offence committed, plea of the opposite party, findings and brief statement of the
evidence taken including cross examination, reasons and penalty imposed with his signature, date and place.

(15) The enquiry officer shall, in respect of the procedure be guided by the provisions of the Code of Civil Procedure,
1908 (5 of 1908), with such alterations as the enquiry officer may deem fit, not affecting their substance, for adapting
them to the matter before him except where they are in conflict with the express provisions of the Code or these rules.

(16) The enquiry officer shall, after the case has been heard, pass an order or give directions on the same day or on a
future date to be fixed for this purpose.

(17) Any person, who is either a complainant or an opposite party or any person permitted under sub-rule (8) shall be
entitled to inspect any complaint or any other document filed with the enquiry officer.

Application and evidence

1. Primary statutory test — (1) On receipt of a complaint of an offence committed under sub-sections (3), (5), (7), (8), (9), (10), (11) and (20) of section 86 and sub-section (7) of section 89, the complaint shall be enquired into by an officer not below the rank of Under Secretary to the Government of India, appointed by the Central Government for such purpose under sub- section (1) of section 85 (hereinafter referred to as the “enquiry…
2. Additional operative limb — (2) On receipt of the complaint, the enquiry officer shall call upon the person or persons through notice to be sent electronically, or by speed post and upload a copy of the same on the designated portal of the Ministry of Labour and Employment, to appear before him on a specified date together with all relevant documents and witnesses, if any, and shall inform the complainant of the date so specified.
3. Qualification / exception to test — Provided that not more than three adjournments may be given on the joint application by the complainant and the opposite party:
4. Numerical or timing control — (9) The complaint or other documents relevant to the complaint may be presented in person to the enquiry officer at any time during hours fixed by the enquiry officer or may be sent to him electronically or by speed post and the opposite party shall have the right to reply to the complaint and such other documents.
5. Code Section mapping — 85, 86, 89. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
6. Evidence file — retain facts and records proving the role/status of: Central Government.

Cross-references & prescribed forms

Worked example

Q&A — Rule 44

Primary sources