(1) For the purpose of carrying out his duties under these regulations, an Ombudsman may require the intermediary or any entity under the National Pension System or any other pension scheme regulated by the Authority named in the complaint or any other person, institution or body to provide any information or furnish certified copy of any document relating to the subject- matter of the complaint which is or is alleged to be in its or his possession:
Provided that in the event of failure of the intermediary or entity under National Pension System or any other pension scheme regulated by the Authority to comply with the requisition made under sub-regulation (1) without any sufficient cause, the Ombudsman may, if he deems fit, draw the inference that the information, if provided or copies if furnished, would be unfavourable to the intermediary or entity under the National Pension System or any other pension scheme regulated by the Authority:
Provided further that the Ombudsman shall report about such non-compliance to the Authority.
(2) The Ombudsman shall maintain confidentiality of any information or document coming to his knowledge or possession in the course of discharging his duties and shall not disclose such information or document to any person except and as otherwise required by law or with the consent of the person furnishing such information or document:
Provided that nothing in this sub-regulation shall prevent the Ombudsman from disclosing information or document furnished by a party in a complaint to the other party or parties, to the extent considered by him to be reasonably required to comply with the principles of natural justice and fair play in the proceedings:
Provided further that provisions of this sub-regulation shall not apply in relation to the disclosures made or information furnished by the Ombudsman to the Authority or to the publication of Ombudsman’s award in any journal or newspaper or filing thereof before any court, forum or authority.