section 11
Evidence
The Himachal Pradesh Lokayukta Act, 1983General198320 sections
Statutory text
Evidence. —
- (1) Subject to the provisions of this section, for the purpose of any inquiry, the Lokayukta, —
- (a) may require any public servant or any other person, who, in his opinion, is able to furnish information or produce documents relevant to such inquiry, to furnish any such information or produce any such document;
- (b) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely :—
- (i) summoning and enforcing the attendance of any person and examining him on oath,
- (ii) requiring the discovery and production of any document,
- (iii) receiving evidence on affidavits,
- (iv) requisitioning any public record or copy thereof from any court or office, and
- (v) issuing commissions, for the examination of witnesses or documents : Provided that no person, without the prior permission of the appropriate Government shall be required or authorised by virtue of the provisions contained in this Act to furnish any such information or answer any such question or produce so much of any document as might involve the disclosure or any information or production of any document which is punishable under the provisions of the Official Secrets Act, 1923 (19 of 1923).
- (2) Any proceeding before the Lokayukta shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code, 1860 (45 of 1860).
- (3) The Lokayukta shall be deemed to be a court within the meaning of the Contempt of Courts Act, 1971 (70 of 1971).
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