Cap. 497 чл. 34Powers of investigation and remedy. Cap. 273.

(1) For the purposes of its functions under this Act the Commission may:

(a) carry out such inspections and investigations as it may deem necessary;

(b) summon any person to appear before it and give evidence on oath;

*this article is not yet in force.

(d) enter the premises of any agency or government entity, subject to compliance with any legal requirements placed by any law on the police for the same purposes.

(2) Article 6 of the Inquiries Act shall apply to the investigations undertaken by the Commission and any summons or requests it may make in pursuit thereof.

(3) Without prejudice to subarticles (4) and (5), the Commission’s findings may be used in evidence in any civil cause that may be filed by the injured party but, notwithstanding any other law, the members of the Commission cannot be called to give evidence.

(4) The Commission shall make a report to the Prime Minister following every investigation under this Act, and where it finds that an employment decision has been made otherwise than in conformity with the provisions of this Act it shall:

(a) annul the decision in question;

(b) issue such directives as it may consider necessary to redress the situation; and

(c) recommend the taking of such disciplinary or criminal action as it may consider appropriate in the circumstances.

(5) Without prejudice to any disciplinary or criminal action that may be taken in accordance with subarticle (4)(c), where an employee of a government agency or government entity has made an employment decision that is not in conformity with the provisions of this Act the Commission may remove the employee from his position and/or interdict him from appointment or re-appointment for a maximum period of five years.

(6) Notwithstanding the provisions of any other law, the decisions taken and directives issued by the Commission under subarticles (4)(a) and (b) and (5) shall be binding on the organisation to which they apply, and the board of directors or head of the organisation as applicable shall ensure that the Commission’s decisions and directives are complied with.

(7) The Commission shall, as soon as possible after the conclusion of each year of its activity, make an annual report to the Prime Minister about its workings during the said year, and the Prime Minister shall, as soon as possible after he has received the said report, lay it on the Table of the House of Representatives.

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