The Pension Fund Regulatory and Development Authority Act, 2013

16. Power of investigation.

1.   Where the Authority has a reasonable ground to believe that-

a.   the activities of the pension fund are being conducted in a manner detrimental to the interest of the subscriber; or

b.   any intermediary or any person associated with the schemes of the pension fund has violated any of the provisions of this Act or the rules or the regulations made or directions issued by the Authority there under, it may, at any time, by order in writing, direct any person (hereafter in this section referred to as the Investigating Authority) specified in the order to investigate the affairs of such intermediary or persons associated with the pension fund and to report thereon to the Authority.

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2.  Without prejudice to the provisions contained in sections 235 to 241 of the Companies Act, 1956, it shall be the duty of every manager, managing director, officer and other employee of the company, in case of a company and every intermediary or persons or entity referred to in section 27 or every person associated with the pension fund to preserve and to produce to the Investigating Authority or any person authorised by him in this behalf, all the books, registers, other documents and record of, or relating to, the company or, as the case may be, of or relating to, the intermediary or such person, which are in their custody or power.

3.  The Investigating Authority may require any intermediary or any person or entity associated with the pension fund in any manner to furnish such information to, or produce such books, or other documents, or record before him or any person authorised by him in this behalf as he may consider necessary if the furnishing of such information or the production of such books, or register, or other documents, or record is relevant or necessary for the purposes of its investigation.

4.   The Investigating Authority may keep in its custody any books, registers, other documents and record produced under sub-section ( 2) or sub-section (3) for six months and thereafter shall return the same to any intermediary or any person associated or entity with the pension fund by whom or on whose behalf the books, registers, other documents and record are produced:

Provided that the Investigating Authority may call for any book, register, other documents and record if they are required again:

Provided further that if the person on whose behalf the books, registers, other documents and record are produced requires certified copies of the books, registers, other documents or record produced before the Investigating Authority, it shall give certified copies of such books, registers, other documents or, as the case may be, record to such person or on whose behalf the books, registers, other documents and record were produced.

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5.   Any person, directed to make an investigation under sub-section ( 1 ), may examine on oath any intermediary or any person associated with the pension fund in any manner, in relation to the affairs of his business and may administer an oath accordingly and for that purpose may require any of those persons to appear before him personally.

6.   Notes of any examination under sub-section ( 5 ) shall be taken down in writing and shall be read over to, or by, and signed by, the person examined, and may thereafter be used in evidence against him.

7.   If any person fails without reasonable cause or refuses-

a.   to produce to an Investigating Authority or any person authorised by him in this behalf any book, register, other document or record which it is his duty under subsection ( 2 ) or sub-section ( 3 ) to furnish; or

b.   to furnish any information which it is his duty under sub-section ( 3 ) to furnish; or

c.   to appear before the Investigating Authority personally when required to do so under sub-section ( 5 ) or to answer any question which is put to him by the Investigating Authority in pursuance of that sub-section; or

d.   to sign the notes of any examination referred to in sub-section ( 6 ), he shall be punishable with imprisonment for a term which may extend to one year, or with fine, which may extend to twenty-five crore rupees, or with both, and also with a further fine which may extend to ten lakh rupees for every day after the first day during which the failure or refusal continues.

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