Section 6: Investigation of complaints
as enacted (not consolidated). juris shows this Act from a copy that is not the official consolidation, so it may not carry every amendment; the amendments juris holds are listed. It does not confirm that this is the law in force today.
6. Investigation of complaints
(1) Where a complaint is made to the Commissioner that this Act
or any regulations made under it, has or have been, is or are being, or is or
are about to be, contravened, the Commissioner shall –
(a) investigate into the complaint or cause it to be investigated
by an authorised officer, unless he is of the opinion that
the complaint is frivolous or vexatious; and
(b) where he is unable to arrange, within a reasonable time,
for the amicable resolution by the parties concerned of
the complaint, notify, in writing, the individual who
made the complaint of his decision in relation to it so
that the individual may, where he considers that he
is aggrieved by the decision, appeal against it under
section 51.
(2) (a) The Commissioner may, for the purpose of the
investigation of a complaint, order any person to –
(i) attend at a specified time and place for the
purpose of being examined orally in relation to
the complaint;
(ii) produce 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; or
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(iii) furnish a statement in writing made under oath or
on affirmation setting out all information which
may be required under the notice.
(b) Every order made under paragraph (a) shall be in writing
and signed by the Commissioner or an authorised officer.
(3) A person on whom an order under subsection (2) has been
served shall –
(a) comply with the order;
(b) attend before the Commissioner in accordance with the
terms of the order or on such other days as he may be
directed to attend; and
(c) answer questions and furnish all information,
documents, records or statements, including certified
copies thereof, as ordered.
(4) (a) The Commissioner may take copies or extracts from
any document produced under subsection (2) and may require the person
producing it to give any necessary explanation relating to such document.
(b) Where material to which an investigation relates
consists of information stored in a computer, disc or cassette, or on
microfilm, or preserved by any mechanical or electronic device, the request
from the Commissioner may 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.
(5) 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 (4) shall commit an offence and shall,
on conviction, be liable to a fine not exceeding 50, 000 rupees and to
imprisonment for a term not exceeding 2 years.
(6) Subject to this section, the Commissioner shall regulate the
handling of complaints, investigations and conduct of hearings in such
manner as he may determine.
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(7) No person shall be required under this section to answer any
question or to give any evidence tending to incriminate him.