section 13
Secrecy of information
The Gujarat Lokayukta Act, 1986General198620 sections
Statutory text
Secrecy of information.
- (1) Any information obtained by the Lokayukta or the Upa-Lokayukta or members of their staff in the course of, or for the purposes of, any investigation under this Act and any evidence recorded or collected in connection with such information, shall be treated as confidential and, notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872), no Court shall be entitled to compel the Lokayukta or the Upa-Lokayukta or any public servant to give evidence relating to such information or produce the evidence so recorded or collected.
- (2) Nothing in sub-section
- (1) shall apply to the disclosure of any information or particulars referred to therein—
- (a) for the purposes of the investigation or in any report to be made thereon or for any action or proceedings to be taken on such report;
- (b) for purposes of any proceedings for an offence under the Official Secrets Act, 1923 (19 of 1923), or for an offence of giving or fabricating false evidence under the Indian Penal Code (45 of 1860) or for purposes of any trial of an offence under section 14 or any proceedings of inquiry under this Act;
- (c) for such other purposes as may be prescribed.
- (3) An officer or other authority prescribed in this behalf may give notice in writing to the Lokayukta or, as the case may be, the Upa-Lokayukta with respect to any information or particulars or any class of information or particulars, that in the opinion of the State Government, it would be prejudicial to the public interests to disclose the same and where such notice is given nothing in this Act shall be construed as requiring the Lokayukta or the Upa-Lokayukta or any public servant to disclose the same.
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