Investigations, injunctions and prosecution of offenses.
Section 45
SEC. 45. Investigations, injunctions and prosecution of offenses.— (a) The Commission may, in its discretion, make such investigations as it deems necessary to determine whether any person has violated or is about to violate any provision of this Act or any rule or regulation thereunder, and may require or permit any person to file with it a statement in writing, under oath or otherwise, as the Commission shall determine, as to all facts and circumstances concerning the matter to be investigated. The Commission is authorized, in its discretion, to publish information concerning any such violations, and to investigate any fact, condition, practice or matter which it may deem necessary or proper to aid in the enforcement of the provisions of this Act, in the prescribing: of rules and regulations thereunder, or in securing information to serve as a basis for recommending further legislation concerning the matters to which this Act relates: Provided, however, That no such investigation shall be conducted unless the person investigated is furnished with a copy of any complaint which may have been the cause of the initiation of the investigation or is notified in writing of the purpose of such investigation: Provided, further, That all criminal complaints for violations of this Act, and the implementing rules and regulations enforced or administered by the Commission shall be referred to the National Prosecution Service of the Ministry of Justice for preliminary investigation and prosecution before the proper court: and, Provided, finally, That the investigation, prosecution, and trial of such cases shall be given priority. (b) For the purpose of any such investigation, or any other proceeding under this Act, the Commission or any officer designated by it is empowered to administer oaths and affirmations, subpoena witnesses, compel attendance, take evidence, require the production of any book, paper, correspondence, memorandum, or other record which the Commission deems relevant or material to the inquiry, and to perform such other acts necessary in the conduct of such investigation or proceedings. (c) Any person who, without just cause, fails or refuses to comply with any order, decision or subpoena issued by the Commission, in the proper exercise of its authority and jurisdiction under subparagraph (b) or subparagraph (c) of this Section or Section 47 of this Act, if in the power of such person to do so, shall after due notice and hearing, be guilty of contempt of the Commission and shall be subject to discipline by the Commission as in the case of contempt of court, either by a fine in such reasonable amount as the Commission may determine, or when such failure or refusal is a clear and open defiance of the Commission’s order, decision or subpoena, by detention under an arrest order, as may be issued by the Commission, at the discretion of the Commission, until such order, decision or subpoena is complied with. (d) The powers of the Commission under this Section shall be in addition to any other powers granted under existing laws. (31a)