Himachal Pradesh Co-operative Agriculture and Rural Development Banks Act, 1979 43अध्याय VIII · Miscellaneous

धारा 43 · Power to summon witnesses and requisition documents

(1)

Subject to such restrictions, limitations and conditions as may be prescribed, the Registrar and persons subordinate to the Registrar, who are authorised by him in this behalf by general or special order in writing, or officers of [Agriculture and Rural Development Banks] [Substituted for 'Land Development Bank' vide Act No. 16 of 1987 w.e.f. 16-11-1987.] which are registered or deemed to be registered under the Himachal Pradesh Co-operative Societies Act, 1968 (3 of 1969), as the State Government may, by notification in the Official Gazette, authorise in this behalf, shall have the same powers as are vested in a court under the I Code of Civil Procedure, 1908 (5 of 1908), when trying a suit, in respect of the following matters, namely:-

(a)

enforcing the attendance of any person and examining him on oath or affirmation;

(b)

compelling the production of documents; and

(c)

issuing commissions for the examination of witnesses.

(2)

Any of the officers or persons authorised by or under sub-section (1) may require any person (s) present before him, to furnish any information or to produce any document then and there in his (or their) possession or power.

(3)

Any officer or person before whom any document is produced under .sub-section (1) or sub-section (2) shall have power to take , or to authorise, the taking of, such copies of documents of any entries therein as such officer or person may consider necessary. Copies so taken shall, when certified in such manner as may be prescribed, be admissible in evidence for any purpose in the same manner and to the same extent as the original document or entries therein, as the case may be.

(4)

(a)

Any person who wilfully or without reasonable excuse disobeys any summons, requisition or order issued under sub-section (1) or sub-section (2) shall be punishable with fine which may extend to fifty rupees and in the pase of a continuing disobedience with an additional fine which may extend to five rupees, for every day during which such disobedience continues after.conviction for the last such disobedience.

(b)

No court inferior to that of a Magistrate of the First Class shall try any offence punishable under clause (a).

(c)

Every offence under clause (a) shall, for the purpose of Code of Criminal Procedure, 1973 (2 of 1974), be deemed to be non-cognizable.

(d)

No prosecution shall be instituted under clause (a) without the previous sanction of the Registrar, who will accord such sanction, only after giving the party concerned an opportunity to be heard.

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