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State of Tripura - Section

Section 12 in Tripura Lokayukta Act, 2008

12. Evidence.

(1)Subject to other provisions of this section, for the purposes of any investigation (including preliminary enquiry, if any, before such investigation) under this Act, the Lokayukta may require any public servant or any other person, who, in his opinion, is able to furnish information or produce documents, relevant to the investigation, to furnish such information or produce such document.
(2)For the purposes of any such investigation (including the preliminary enquiry), the 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 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.
(3)Any proceeding before the Lokayukta shall be deemed to be a judicial proceeding within the meaning of section 193 of the Indian Penal Code, 1860.
(4)No person shall be required or authorized, by virtue of this Act, to furnish such class or category of information, answer or question, or produce so much of such class or category of document,-
(a)as might prejudice the security or defence or international relations of India (including the relations of India with the Government of any other country or with any international organization), or
(b)as might involve the disclosure of proceedings of the Council of Ministers of the State Government or any Committee of that Council of Ministers, and
(c)to give any evidence or produce any document which he could not be compelled to give or produce in any proceedings before a Court.
(5)For the purpose of sub-section (4), a certificate issued by the Chief Secretary to the Government of Tripura, certifying that any information or answer or any portion of a document is of the class or category specified in clause (a) or clause (b), shall be conclusive and binding.