(1)Subject to the provisions of this section, for the purpose of any investigation, including the preliminary inquiry under this Act, the Lokayukta or Upa-Lokayukta may require any public functionary or any other person 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.(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 (Central Act 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 commissions for the examination of witnesses or documents;(f)such other matter as may be prescribed.(3)Any proceeding before the Lokayukta or Upa-Lokayukta shall be deemed to be judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code, 1860 (Central Act 45 of 1860).(4)Subject to the provisions of sub-section (5), no obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to the State Government or any public functionary, whether imposed by any enactment or by rule of law, shall apply to the disclosure of information for the purpose of any investigation or inquiry, to any such privilege in respect of the production of the documents or the giving of evidence as is allowed by any rule of law in legal proceedings.(5)No person shall be required or authorized by virtue of this Act, to furnish any such information or answer any such question or produce so much of any document:-(a)as might prejudice the interests of the State of Goa or Union of India or the Security or Defence or International Relations of India (including India's relations with the Government of any other country or with any other international organization);(b)as might involve the disclosure of proceedings of the cabinet of the State Government or any Committee of that Cabinet.And for the purpose of this sub-section, certificate issued by the Chief Secretary certifying that any other information, answer or portion of a document is of the nature specified in clause (a) or clause (b), shall be binding and conclusive:Provided that the Lokayukta or Upa-Lokayukta, as the case may be, may 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 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 that certificate to be of no effect.(6)Subject to the provisions of sub-section (4), no person shall be compelled for the purpose of investigation and inquiry under this Act, to give any evidence or produce any document, which he could not be compelled to give or produce in proceedings before a Court.(7)For prosecution for an offence of giving or fabricating false evidence under section 193 of the Indian Penal Code, 1860 (Central Act 45 of 1860), when such an offence is alleged to have been committed in, or in relation to any proceeding before the Lokayukta or the Upa-Lokayukta, as the case may be, the provisions of section 195 and 340 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), shall apply to the Lokayukta or Upa-Lokayukta as they apply in relation to the same offence, when such offence is alleged to have been committed in, or relation to any proceeding in any Court subject to the modification that a complaint under section 340 shall be signed by the Lokayukta or Upa-Lokayukta or such officer of the Lokayukta as the Lokayukta or Upa-Lokayukta may appoint and for the purpose of the said sections 195 and 340 the Lokayukta is declared to be Court.
