Section 259 — Inspector to be a Court for certain purposes
Statute text
(1)
Notwithstanding anything contained in any other law for the time being in force,
the Commission may either on its own motion or on the basis of any information
received, is of the view that any offence has been committed under this Act or any
person is engaged in any fraud, misfeasance, misconduct or any other activity
prejudice to the public interest shall have all the powers as provided under the
Securities and Exchange Commission of Pakistan Act, 1997(XLII of 1997).
(2) A person appointed as inspector under sections 25 6, 257 and 258
shall, for the purposes of his investigation, have the same powers as are vested in a
Court under the Code of Civil Procedure, 1908 (Act V of 1908), while trying a suit,
in respect of the following matters, namely—
(a) enforcing the attendance of persons and examining them on oath or
affirmation;
(b) compelling the discovery and production of books and papers and
any material objects; and
(c) issuing commissions for the examination of witnesses;
and every proceeding before s uch person shall be deemed to be “judicial
proceeding” within the meaning of sections 193 and 228 of the Pakistan Penal
Code, 1860 (Act XLV of 1860).
(3) Any contravention of or non-compliance with any orders, directions
or requirement of the inspector exercising powers of a Court under sub-section (1)
shall, in all respects, entail the same liabilities, consequences and penalties as are
provided for such contravention, non-compliance or default under the Code of Civil
Procedure, 1908 (Act V of 1908) and P akistan Penal Code, 1860 (Act XLV of
1860).