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Section 10: Powers of' the Col?z?nisvion

The Non-Resident Indians' (Keralites) Commission Act, 2015State Act of Kerala · Act 3 of 2016

( 1) The Commission shall, while perfonriing its functions under section 9, have all the pOvers as are vested in a Civil court while trying a suit tinder the Code of Civil Procedure, 1908 (Central Act 5 of 1908). in respect of the following matters, namely:— summoning and enforcing the attendance Of any witness and examining him on oath;

requiring the discovery and prodution of any document;

receiving evidence on affidavits:

requisitioning any public records or copy thereof from any public office;

20 appointing commisSionS for the examination of witnesses and documents: and any other matter which may be prescribed.

Any proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian Penal Code. 1 860 (Central Act 45 of 1860) and the Commission shall be deemed to be a court for the purpose of section 195 of the Code of Criminal Procedure. 173 (Central Act 2 of 1974).

The Commission halI, while conducting enquiry under section 9. shall afford opportunity to all parties to present their views by themselves or by their authorized representativcS The lindings of, the Commission on any enquiry conducted under this Act shall be communicated to the Government with its recommendations for appropriate action or relic!' to the parties to the dispute.

11. inquiry mb u ,iifiir pr wlices.--- (1) The Commission shall inquire into any unfair l)ractice against Non-Resident indians' (Keralites),—

(a) on receiving a written complaint from a recognized Non-resident organization or any Non-Resident Indians' (Keralites) alleging that he has been subjected to unfair practices: or

(h) on its own knowledge or information: or

(c) on a request from the Government.

(2) Where a complaint has been made under sub-section (1), the Commission may, before initiating any process against the respondent, cause a preliminary investigation in such a manner as it may deem fit, for the purpose of satisfying itself that the complaint requires to be inquired into.

21 where the person against whom the complaint has been made, appears and show cause or fails to appear on the day appointed for that Purpose, the Commission may proceed further to inquire into the matter and take a decision thereon and if the Commission finds that there is unfair practice, it shall recommend to Government the action to be taken thereon or initiate prosecution.

a Government shall, within two months from the date of receipt of the recommendation of the Commission under sub-section (3) take a decision thereon and intimate the same to the Commission.

Where this provision sits

ActThe Non-Resident Indians' (Keralites) Commission Act, 2015
Section10
Marginal notePowers of' the Col?z?nisvion
JurisdictionState of Kerala
StatusIn force as published by the source

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