(1)Subject to other provisions of this section, for the purpose of any investigation (including the preliminary verification, if any, before such investigation) made under this Act, the Lokayukta or Upa-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 any such information or produce any such document.(2)For the purpose of any such investigation (including the preliminary verification) the Lokayukta or Upa-Lokayukta shall have all the powers of a civil court of 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 matters as may be prescribed.(3)Any proceedings before the Lokayukta or Upa- Lokayukta shall be deemed to be a judicial proceeding within the meaning of section 193 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 Government or any public servants, whether imposed by or under any law or by any instrument having the force of law, shall apply to the disclosure of information for the purpose of any investigation made under this Act and the 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 law or instrument as aforesaid in legal proceedings:Provided that no person shall be compelled for the purpose of any investigation under this Act 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)No person shall be required or authorised 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 security or defence or international relations of India (including India's relations 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 Government or any Committee of that Council;and for the purpose of this sub-section a certificate issued by the Chief Secretary to the Government 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.
