Section 52: Power of Executive Director to investigate restrictive business practices

52. Power of Executive Director to investigate restrictive business practices (1) The Executive Director may, for the purposes of any investigation under this Act— (a) order any person to attend at a specified time and place, for the purpose of being examined orally in relation to any matter; (b) order any person to produce before him such book, document, record or article as may be required with respect to any matter relevant to the investigation, which he is not prevented by any other enactment from disclosing; (c) order any person to furnish a statement in writing made on oath or affirmation, setting out all information which may be required under the notice. (2) Every order made under this section shall be in writing and signed by the Executive Director or a member of the staff of the Commission duly authorised in writing by the Executive Director. (3) A person on whom an order under subsection (1) has been served shall— (a) comply with the order; (b) attend before the Executive Director in accordance with the terms of the order; (c) continue to attend on such other days as may be directed until the examination is complete; and (d) answer questions and furnish all information, documents, records or statements, including certified copies thereof, as ordered. (4) The Executive Director may take copies or extracts from any document produced under subsection (1) and may require the person producing it to give any necessary explanation relating to such document. (5) Where material to which an investigation relates consists of information stored in a computer, disc, cassette, or on microfilm, or preserved by any mechanical or electronic device, the request from the Executive Director shall be deemed to require the person named therein to produce or give access to it in a form in which it can be taken away and in which it is visible and legible. (6) Any person who, without lawful or reasonable excuse, fails to attend a hearing or to produce a document or other material when required to do so under subsection (3) shall commit an offence and shall, on conviction, be liable, in the case of— (a) an individual, to a fine not exceeding 50,000 rupees and to imprisonment for a term not exceeding 2 years; or (b) a body corporate, to a fine not exceeding 200,000 rupees. (7) The Executive Director may require evidence at a hearing to be given under oath. (S. 52 came into operation on 25 November 2009.) [Issue 5] C36A – 22 Revised Laws of Mauritius