Section 9 in Bihar State Minorities Commission Act, 1991
9. Procedure for investigation.
(1)If the Commission proposes to conduct an investigation under this Act, it may-(a)forward a copy of a complaint or substance thereof to the concerned authority, department or public servant and call for a report or comments about the statements made in the complaint, within a specified time;(b)shall fix and organise meeting of the Commission or its Members at the concerned place, with the aggrieved persons or institutions or with persons concerned to discuss the issue complained.(2)Excepting the above the procedure for conducting any investigation of any particular matter shall be such as may be prescribed by Rules under this Act.(3)The initiation of an investigation under this Act shall not prevent any public servant from taking any further action in the matter under investigation.(4)For the purposes of conducting any investigation under this Act, the Commission may require any public servant or any other person, who in the opinion of the Commission, is able to furnish information or produce document, relevant to the investigation, to furnish any such information or produce copy of such document:Provided that copy of such document shall not be furnished, the supply of which is detrimental to the interest of the State and in Public interest.(5)The Commission shall have powers in respect of the following matters namely:-(a)Summon any person and examine him on oath. Non-compliance of direction of the Commission by such person, in matters of production of documents and in appearance in person, shall make him liable for disciplinary action by the Government on the recommendation of the Commission;(b)Requisition any public record or copy thereof from any office;(c)issues commission for the examination of witnesses or documents;(d)such other matters as may be specified.(6)If the Government is of opinion that the nature of the investigation to be made and other special circumstances of the case, all or any of the provisions of sub-section (2) or (3) or (4) or (5) of Section 5 of the Commission of Enquiry Act, 1952 be made applicable to the Commission, the Government may, by Notification in the Official Gazette, direct that all or any of the said provisions, as may be specified in the notification, shall apply to the Commission and on the issue of such notification said provisions shall apply accordingly.
