Section 5 in M.P. Vibhagiya Janch (Sakshiyon Ka Hazir Karaya Jana Tatha Dastavejon Ka Pesh Karaya Jana) Adhiniyam, 1979
5. Power of [x x x] [Omitted by M.P Act 16 of 1997 (w.e.f. 5-4-1997).] inquiring authority to enforce attendance of witnesses and production of documents.
(1)[Every inquiring authority] [Substituted by M.P. Act No. 16 of 1997 (w.e.f. 5-4-1997).] shall have the same powers as are vested in Civil Court under the Code of Civil Procedure, 1908 (No. 5 of 1908), while trying a suit, in respect of the following matters, namely,-(a)the summoning and enforcing the attendance of any witness and examining him on oath;(b)requiring the discovery and production of any document or other material which is producible as evidence;(c)the requisitioning of any public record from any Court of office;(d)issuing commissions for the examination of witnesses or documents.(2)Notwithstanding anything contained in sub-section (1), the [x x x] [Omitted by M.P. Act 16 of 1997 (w.e.f. 5-4-1997).] inquiring authority shall not compel the Reserve Bank of India, the State Bank of India, any subsidiary bank as defined in clause (k) of Section 2 of the State Bank of India (Subsidiary Banks) Act, 1959 (No. 38 of 1959), or any corresponding new bank constituted under Section 5 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1670 (No. 5 of 1970), a banking company as defined in the Banking Regulation Act, 1949 (No. 10 of 1949), a Regional Rural Bank constituted under the Regional Rural Banks Act, 1976 (No. 21 of 1976), Agricultural Refinance and Development Corporation constituted under the Agricultural Refinance and Development Corporation Act, 1963 (No. 10 of 1963), and any banking institution notified by the Central Government under Section 51 of the Banking Regulation Act, 1949 (No. 10 of 1949),-(a)to produce any books of account or other documents which the Reserve Bank of India, the State Bank of India, the subsidiary bank, the corresponding new bank, the banking company, the Regional Rural Bank, the Agricultural Refinance and Development Corporation or any notified banking institution claims to be of a confidential nature; or(b)to make any such books or documents a part of the record of the proceedings of the departmental inquiry; or(c)to give inspection of any such books or documents, if produced, to any party before it or to any other person.(3)Every process issued by an [x x x] [Omitted by M.P. Act 16 of 1997 (w.e.f. 5-4-1997).] inquiring authority for the attendance of any witness or for the production of any document may be served on the person named therein either by post or as if it were summons issued by a Court under the Code of Civil Procedure, 1908 (No. 5 of 1908).(4)Every [x x x] [Omitted by M.P. Act 16 of 1997 (w.e.f. 5-4-1997).] inquiring authority making any departmental inquiry under this Act shall be deemed to be a Civil Court for the purposes of Sections 345 and 346 of the Code of Criminal Procedure, 1973 (No. 2 of 1974).
