Section 270 — Expenses of investigation

Statute text

(1) When an investigation is ordered
to be made under section 256 or 257 or 258, the expenses of and incidental to the
investigation shall in the first instance be defrayed by the Commission; but the
following persons shall, to the extent mentioned below, be liable to reimburse the
Commission in respect of such expenses, namely—

(a) any person who is convicted on a prosecution instituted in pursuance
of section 263 or is ordered to pay damages or restore any property
as a result of proceedings u nder section 2 69 may in the same
proceedings be ordered to pay the said expenses to such extent as

may be specified by the Commission or the Court convicting such
person or ordering him to pay such damages or restore such
property, as the case may be;

(b) any company or body corporate in whose name proceedings are
brought as aforesaid shall be liable, to the extent of the amount or
value of any sums or property recovered by it as a result of the
proceedings;

(c) where the investigation was ordered by the Commission under
clause (c) of sub-section (1) of section 2 56 or 2 57 or 2 58, the
company or body corporate whose affairs are ordered to be
investigated, shall be liable; and

(d) where the investigation was ordered under section 25 6 on an
application of the members, the members making the application
and the company or body corporate dealt with by the report shall be
liable to such extent, if any, as the Commission may direct.

(2) The amount of expenses which any company, body corporate or
person is liable under this section to reimburse to the Commission shall be
recoverable from that company, body corporate or person as provided under section
486.

(3) For the purposes of this section, any costs or expenses inc urred by
the Commission in or in connection with proceeding brought by the Commission
under section 269 shall be treated as expenses of the investigation giving rise to the
proceedings.

(4) Any liability to reimburse the Commission imposed by clauses (a)
and (b) of sub -section (1) shall, subject to satisfaction of the right of the
Commission to re-imbursement, be a liability also to indemnify all persons against
liability under clause (c) of that sub-section.

(5) Any such liability imposed by clause (a ) of sub -section (1) shall,
subject as aforesaid, be a liability also to indemnify all persons against liability
under clause (b) of that sub-section.

(6) Any person liable under clause (a) or clause (b) or clause (c) of sub-
section (1) shall be entitl ed to contribute from any other person liable under the
same clause according to the amount of their respective liabilities thereunder.

(7) In so far as the expenses to be defrayed by the Commission under
this section are not recovered thereunder, they shall be borne by the Commission.

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