Rule 268: Powers of the prescribed authority and Inquiry Officer in practitioner inquiries
Rule 268 gives the prescribed authority and the Inquiry Officer, for proceedings under Rules 261 to 267, the same powers as a court under the Code of Civil Procedure, 1908 when trying a suit, for four matters: discovery and inspection; enforcing attendance and examining on oath (including bank officers); compelling production of books of account and documents; and issuing commissions. Rules 261 to 268 set out the inquiry procedure before a practitioner can be disqualified under section 515(5)(b) for misconduct.
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Rule 268 - Powers of prescribed authority and Inquiry Officer
For the purposes of any proceedings under rules 261 to 267, the prescribed authority and the Inquiry Officer shall have the same powers as are vested in a Court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit in respect of the following matters: -
(a) discovery and inspection;
(b) enforcing the attendance of any person including any officer of a banking company and examining him on oath;
(c) compelling the production of books of account and other documents; and
(d) issuing commissions.
Rule breakdown
The four powers
Discovery and inspection.
Enforcing attendance of any person, including an officer of a banking company, and examining on oath.
Compelling production of books of account and other documents.
Issuing commissions.
Scope
Applies to proceedings under Rules 261 to 267.
Powers are those of a court under the Code of Civil Procedure, 1908.
Key takeaways
Civil court powers
Same as a court under the CPC, 1908 for listed matters.
Bank officers
Attendance of bank officers can be enforced.
Documents
Production of books and documents can be compelled.
Practical checklist
- Produce documents when called for.
Avoid
- Do not ignore a summons issued in the inquiry.
FAQs
Can the Inquiry Officer summon a bank officer?
Yes. Rule 268(b) covers enforcing attendance of any person, including an officer of a banking company.
Which law are the powers based on?
The Code of Civil Procedure, 1908.
Do these powers apply to valuers?
Rule 268 applies to Rules 261 to 267. Valuer inquiries have their own powers in Rule 249(4).
Glossary
- Discovery and inspection
- Disclosure and examination of documents relevant to the inquiry.
- Commission
- A court-style direction to another person to examine a witness or carry out a task.