Evidence

(1) Subject to the provisions of this section for the purpose of any investigations including the preliminary inquiry, under this Act, the Lokayukta or Upa-Lokayukta may require any public functionary or any person or authority who, in his opinion, is able to furnish information or produce documents relevant to the investigation or inquiry, to furnish any such information or produce any such document and such public functionary, person or authority so required shall be deemed to be legally bound to furnish such information within the meaning of Section 176 and 177 of the Indian Penal Code. (2) For the purpose of any such investigation, including preliminary inquiry, the Lokayukta or Upa-Lokayukta shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely: (a) Summoning and enforcing the attendance of any person and examine 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 commissions for the examination of witnesses or documents or local inspection; (f) Such other matter as may be prescribed. (3) Any proceeding before the Lokayukta or Upa-Lokayukta shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 of the Indian Penal Code, 1860. (4) No person shall be required or authorized by virtue of this Act to furnish any such information or answer any such question or produce document: (a) As might prejudice public interest or security of the State or the security or defence or international relations of India. (b) As might involve the disclosure of proceedings of the Cabinet of the State Government or any Committee of that Cabinet. Provided that a certificate to this effect is issued by the Chief Secretary. Provided further that the Lokayukta or Upa-Lokayukta, as the case may be, require any information or answer or portion of a document in respect of which a certificate is issued under this sub-section to the effect that it is of the nature specified in clause (a) or clause (b) to be disclosed to him in private for scrutiny and if on such scrutiny the Lokayukta or Upa-Lokayukta, as the case may be, is satisfied that such certificate ought not to have been issued he shall declare the certificate to be of no effect.