CLAA 10

Section 10 · Evidence

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(1)

Subject to the provisions of this section, for the purpose of any inquiry under this Adhiniyam, including a preliminary inquiry, if any, the Lok Aayog may require any public servant or any other person who in its opinion is able to furnish information or produce documents relevant to the inquiry, to furnish any such information, or to produce any such document.

(2)

For the purpose of any such inquiry including a preliminary inquiry, if any, before such inquiry, the Lok Aayog shall have all the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (Act No. 5 of 1908), in respect of the following matters, namely,-

(a)

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

(b)

requiring the discovery and production of any document;

(c)

receiving evidence on affidavits;

(d)

requisitioning any public record or copy thereof from any Court or office;

(e)

issuing commission for the examination of witnesses and documents;

(f)

such other matters, as may be prescribed.

(3)

Any proceeding before the Lok Aayog shall be deemed to be a judicial proceeding within the meaning of Section 193 and Section 228 of the Indian Penal Code, 1860 (Act No. 45 of i860).

(4)

Subject to the provisions of sub-section (5), no public servant shall be entitled, in relation to any inquiry under this Adhiniyam, to any privilege in respect of the production of documents or the giving of evidence before the Lok Aayog.

(5)

No person shall be required or authorised by virtue of this Adhiniyam, to furnish any such information or to answer any such question or to produce so much of any documents :-

(a)

as might prejudice the security of the State; or

(b)

as might involve the disclosure of proceedings of the Council of Ministers of the State Government.
Explanation. - For the purposes of this sub-section, a certificate issued by a Secretary to the State Government slating that any information, answer or portion of a document is of the nature specified in clause (a) or clause (b) shall be binding and conclusive.

(6)

Subject to the provisions,of sub-section (4), no person shall be compelled for the purpose of inquiry under this Adhiniyam to give any evidence or produce any document, which he could not be compelled to give or produce in proceedings before a Court.

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