(1)Subject to the provisions of this section, for the purpose of investigation (including the preliminary inquiry, before such investigation) under this Act, the Lokayukta Aayog may require any public servant or any other person who in its opinion is able to furnish information or produce documents relevant to the investigation, to furnish any such information or produce any such document.(2)For the purpose of any such investigation (including the preliminary inquiry), the Lokayukta Aayog 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:-(a)summoning and enforcing the attendance of any person by issuing summons or warrants 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 matters as may be prescribed:Provided that a warrant issued under sub-section (1) shall for all purposes, be deemed to be a warrant issued by a court under section 93 of the Code of Criminal Procedure, 1973,(2 of 1974.).(3)The Lokayukta Aayog shall have power to require any person subject to the provisions of sub-section (8) to furnish information on such points or matters as in the opinion of the Lokayukta Aayog may be useful for or relevant to, the subject matter of the inquiry and any person so required shall be deemed to be legally bound to furnish such information within the meaning of section 176 and section 177 of the Indian Penal Code.(4)The Lokayukta or the Up-Lokayukta or any Gazetted Officer specially authorized in this behalf by the Lokayukta Aayog may enter any building or place where it has reason to believe that any books of account or other documents relating to the subject matter of the inquiry may be found, and may seize any such books of account or documents or take extracts or copies there from, subject to the provisions of section 100 of the Code of Criminal Procedure, 1973 in so far as they may be applicable.(5)The Lokayukta Aayog shall be deemed to be a Civil Court and when any offence as is described in section 175, section 178, section 179 or section 180 of the Indian Penal Code is committed in the view or presence of the Lokayukta Aayog, the Lokayukta may, after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1973 forward the case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under section 346 of the Code of the Criminal Procedure, 1973.(6)Any proceeding before the Lokayukta Aayog shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code.(7)Subject to the provisions of sub-section (8), no obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to the State Government or any public servant, whether imposed by any enactment or by any rule under the enactment shall apply to the disclosure of information for the purpose of any investigation under this Act and the State Government or any public servant shall not be entitled in relation to any such investigation to any such privilege in respect of the production of documents or the giving of evidence as is allowed by any enactment or by any rule under the enactment in legal proceedings.(8)(i)No person shall be required or authorized by virtue of this Act to furnish any such information or answer any such question or produce an document,-(a)as might prejudice the security or defense or international relations of India (including India's relations with the Government of any other country or with any international organization), or the investigation or detection of crime; or(b)as might involve the disclosure of proceedings, other than the decision, of the Cabinet or Council of Ministers of the State Government or any committee thereof, if any;and for the purpose of this sub-section, a certificate issued by the Chief Secretary certifying that any information, answer or portion of a document is of the nature specified in clause (a) or clause (b), shall be binding and conclusive.(ii)For the purpose of investigation under this Act, no person shall be compelled to give any evidence or produce any document, which he could not be compelled to give or produce in proceedings before a court.
