Section 79D: On-site inspection
This section is inserted by The Finance Act 2025, section 10.
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
79D. On-site inspection
(1) (a) The Registrar may, at any time, cause to be carried out
at the registered office or on the business premises of a credit union an
inspection and an audit of its books and records to verify whether the credit
union is complying or has complied with this Act or the United Nations
(Financial Prohibitions, Arms Embargo and Travel Ban) Sanctions Act, or any
regulations made or guidelines issued under those Acts.
(b) The Registrar may, in the exercise of his powers under
paragraph (a), request such assistance as may be necessary from the FIU or
any supervisory authorities.
(2) For the purpose of subsection (1), the Registrar may –
(a) direct, orally or in writing –
(i) the credit union to produce such document as he
may specify; or
(ii) any other person whom the Registrar reasonably
believes has in his possession or control a
document or thing that may be relevant to the
inspection, to produce the document or thing
specified by him;
(b) examine, and make copies of or take extracts from, any
document or thing that he considers relevant;
(c) retain any document or thing he deems necessary; and
(d) direct a person who is or apparently is an employee of
the credit union to give information about any document
or thing that he deems necessary to be relevant to the
inspection.
(3) A credit union referred to in subsection (1) or, where applicable,
its employees shall give the Registrar full and free access to the records and
other documents of the credit union as it deems necessary to be relevant for
the inspection.
(4) Any person who –
(a) intentionally obstructs the Registrar in the exercise of his
powers or performance of his duties and functions under
this section; or
(b) fails, without reasonable excuse, to comply with any
direction of the Registrar in the performance of his duties
and functions under this section,
shall commit an offence and shall, on conviction, be liable to a fine not
exceeding one million rupees and to imprisonment for a term not exceeding 5
years.
(5) Any person who destroys, falsifies, conceals or disposes of, or
causes or permits the destruction, falsification, concealment or disposal of, any
document or information stored on a computer, device or other thing that the
person knows or ought reasonably to have known to be relevant to an on-site
inspection or investigation, shall commit an offence and shall, on conviction, be
liable to a fine not exceeding 5 million rupees and to imprisonment for a term
not exceeding 10 years.
Ask juris about this section Official source
Questions this section answers
- Can the Registrar inspect my credit union's premises and records at any time?
- What happens if I obstruct the Registrar during an on-site inspection of my credit union?