section 12
Powers of the Commission.
The Kerala State Commission for Minorities Act, 2014General201423 sections5 chapters
Chapter III POWERS AND FUNCTIONS OF THE COMMISSION
Statutory text
- (1) The Commission, while performing its functions under section 9, shall have all the powers of a Civil Court trying a suit and in particular, in respect of the following matters, namely: —
- (a) summoning and enforcing the attendance of any person from any part of the State and examining him on oath;
- (b) requiring the discovery and production of any document;
- (c) receiving evidence on affidavits;
- (d) demanding any public record or copy there of from any court, office or other institutions;
- (e) the examination of witnesses and inspection of records; and
- (f) any other matter as may be prescribed.
- (2) Subject to the claim that may be raised by any person that he has special powers under any existing law, the Commission shall have the power to require any person to furnish information relating to any matter or subject which in the opinion of the Commission are the basis of, or relevant to, the subject of inquiry and the person so required shall be included within the meaning of sections 176 and 177 of the Indian Penal code, 1860 (Central Act 45 of 1860) and be deemed to be liable as per law to furnish such information.
- (3) If the Commission or any officer not below the rank of Gazetted Officer, who is specially authorised by the Commission in this behalf, has sufficient reason to believe that records connected with the subject under enquiry are likely to be traced, may enter into any building or place at the time as may be prescribed and subject to the provisions of section 100 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), to the extent they are applicable, seize any such record or take its extracts or copies.
- (4) The Commission shall be deemed to be a civil court and where an offence as defined in sections 175, 178, 180 and 228 of the Indian Penal Code, 1860 (Central Act 45 of 1860) is committed in the presence of the Commission, the Commission shall, after recording the statement of the accused and the facts pertaining to the offence as provided in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), the same shall be transferred to the Magistrate having jurisdiction to try it and the Magistrate shall proceed to hear the complaint against the accused as if it has been transferred to him under section 346 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
- (5) All the proceedings before the Commission under section 9 shall, for the purposes of section 196 of the Indian Penal Code, 1860 (Central Act 45 of 1860), be deemed to be the judicial proceedings within the meaning of sections 193 and 228 and for all the purposes of Chapter XXVI and section 195 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), the Commission shall be deemed to be a civil court.
- (6) The Commission may, for the purpose of taking evidence in connection with enquiries, utilise the services of any officer of the State Government or investigation agency.
- (7) The officer or investigation agency whose services have been utilised under sub-section (6), shall take evidence after making enquiry relating to it and the report thereon shall be submitted to the Commission within the period fixed by the Commission in this behalf.
- (8) The Commission shall satisfy itself regarding the correctness of any inferences arrived at in the report or facts in the report submitted under sub-section (7) and for this purpose it may conduct enquiry as it deems fit, including the examination of the person who had taken the evidence or assisted for the same.
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