Chapter IV POWERS AND PROCEEDINGS

Powers to make reference to Commission.—(1) The Government shall have the power to make a reference to the Commission with regard to any matter of policy or in respect of any act done by the Commission in contravention of the provisions of this Act or the rules made thereunder.

1. (2) The Commission shall report to the Government about the action, if any, it proposes to take or has taken upon the reference made under this section and shall furnish an explanation, if it fails to take action.
2. (3) If the Commission fails within a reasonable time to take action on such reference to the satisfaction of the Government, it may after considering explanation submitted by the Commission, issue such directions consistent with this Act, as may be considered necessary and the Commission shall comply with such directions.
3. (4) The Government may, at any time, arrange for an inspection of or inquiry into the affairs of the Commission by such authority or person, as it may specify, to satisfy about the proper and effective functioning of the Commission and also upon any matter connected with the administration and finances of the Commission.
4. (5) The Commission may authorise any person to represent it at the inspection or inquiry referred to in sub-section (4).
5. (6) On receipt of the report of inspection or inquiry referred in sub- section (4), the Government may examine the same and give such directions, as it may consider necessary to the Commission.
6. (7) The Chairperson shall within a period of thirty days from the date of receipt of the directions given under sub-section (6), send an intimation to the Government about the action taken by the Commission in pursuance of the said directions.
7. (8) On the expiry of the period specified in sub-section (7), the Government may after considering the intimation, if any, received from the Chairperson, issue such directions to the Commission, as it may consider necessary and the Commission shall comply with such directions.

Inquiry by Commission.—(1) Subject to the provisions of this Act, the Commission may initiate a suo-moto 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 (5 of 1908) in respect of the following matters, namely:—

1. (i) summoning and enforcing the attendance of any person and examining him on oath;
2. (ii) requiring the discovery and production of documents;
3. (iii) receiving evidence on affidavits;
4. (iv) requisitioning any public record or copy thereof from any court or office;
5. (v) issuing summons for the examination of witnesses; and
6. (vi) such other matters, as may be prescribed.

1. (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.
2. (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 non- compliance by a private entity, it may recommend the respective legal Authority to proceed against it as per law.

Power to make regulations.—The Commission may make regulations, not inconsistent with this Act and rules made thereunder for the administration of the affairs of the Commission.