Section 237: Procedure and powers of inspector

237. Procedure and powers of inspector (1) Every person concerned shall, if required to do so, produce to an inspector every book in his custody, control or possession and give to the inspector all assistance in connection with the investigation which he is reasonably able to give. (2) An inspector may by written notice require any person concerned to appear for examination on oath in relation to the business of a corporation and the notice may require the production of every book in the custody, control or possession of the person concerned. (3) Where an inspector requires the production of a book in the custody, control or possession of a person concerned, he— (a) may take possession of the book; (b) may retain the book for such time as he considers necessary for the purpose of the investigation; and (c) shall, where the book is in his possession, permit the corporation to have access, at all reasonable times to the book. (4) An inspector, on giving 72 hours notice to the corporation concerned, may exercise the same powers of inspection as are conferred on the Registrar under section 14. (5) (a) No person concerned shall refuse to answer a question which is relevant or material to the investigation on the ground that his answer might tend to incriminate him. (b) Where the person concerned claims that the answer to a question might incriminate him and, but for this subsection, he would have been entitled to refuse to answer the question, the answer to the question shall not be used in any subsequent criminal proceedings, except in the case of a charge against him for making a false statement in answer to that question. (6) An inspector may cause notes of any examination under this Part to be recorded and reduced to writing and to be read to or by and signed by the person examined and the notes may, subject to subsection (5) (b), thereafter be used in evidence in any legal proceedings against that person. C35 – 143 [Issue 1] Companies Act (7) Any person who fails to comply with subsection (1) or (2) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 100,000 rupees. [S. 237 amended by s. 4 (g) of Act 20 of 2002 w.e.f. 10 August 2002.]