(1) Subject to the provisions of this Act, the Commission may initiate a suo-motu inquiry on matters relating to its mandate and for the purpose of the inquiry, the Commission shall have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908 (Act No. 5 of 1908) in respect of the following matters, namely:-
(i) summoning and enforcing the attendance of any person and examining him on oath, PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 29, 2017 251 (PAUSA 8, 1939 SAKA)
(ii) requiring the discovery and production of documents;
(iii) receiving evidence on affidavits;
(iv) requisitioning any public record or copy thereof from any court or office;
(v) issuing summons for the examination of witnesses; and
(vi) such other matters, as may be prescribed.
(2) Notwithstanding anything contained in any other law for the time being in force, the Commission may during inquiry of any complaint under this Act, examine any record to which this Act applies which is under the control of public authority or private entity, and no such record shall be withheld from it on any ground.
(3) In case of non-compliance of directions of the Commission by the public authority, it may recommend to the higher public authority to initiate disciplinary proceedings against the defaulting officer, and in case of noncompliance by a private entity, it may ask the respective legal Authority to proceed against it as per law.
17, (1) The Member-Secretary shall assist the Commission in carrying out the purposes of this Act. He shall,-
(i) administer day to day affairs of the Commission and supervise and manage the day to day functioning of the Commission and issue directions, orders or instructions to the employees of the Commission in consultation with the Chairperson;
(ii) make arrangements for proper maintenance and custody of all records, securities, cash and the properties of the Commission;
(iii) endorse and transfer promissory notes, Government and other securities and endorse, sign, encash, cheques and other negotiable instruments on behalf of the Commission;
(iv) sign all deposit receipts and operate the accounts of the Commission with bank(s) and the financing agencies;
(v) institute, conduct, defend, compromise, refer to arbitration, legal proceedings in favour of or against the Commission or its officers or employees through any officer or employee of the Commission or otherwise through legal practitioners or any other person authorized by him in this behalf;
Functions of the Member- Secretary.
Appointment of officers and other employees, Funds of the Commission.
252 PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 29, 2017 (PAUSA 8, 1939 SAKA)
(vi) determine, powers, duties and responsibilities of the employees of the Commission in consultation with the Chairperson;
(vii) enter into negotiations and contracts and rescind and make such notes, deeds and instruments as may be necessary on behalf of the Commission in relation to any of the object of the Commission or otherwise in the interest of the Commission;
(viii) take necessary steps as may be necessary to avoid any loss or prevent damage or loss to the assets, properties and interests of the Commission;
(ix) appoint custodians of books and records and other properties of the Commission; and
(x) exercise all such powers as may be delegated to him by the Commission or by the Chairperson.
(2) The Member-Secretary may, in consultation with the Chairperson, delegate any of his powers to an officer of the Commission for effective and efficient functioning of the Commission.