(1) Any such Committee may, at its discretion, if circumstances so require, instead of issuing a summons under sub-section (1) of section 4, or even if such summons has been issued, at any time issue a commission for the examination of any person whose attendance before such Committee cannot be secured conveniently or without unreasonable delay or expense.
Such commission may be issued to any person (hereinafter called the Commissioner) by a formal writ under the hand of the Secretary to the Committee, and such writ shall direct the Commissioner so appointed to examine the person concerned on oath or solemn affirmation and to return the writ of commission with the record of his proceedings to such Secretary within a date to be specified in such writ, or within such later date as may be subsequently fixed by the Committee. It shall be lawful for such Commissioner to administer, in accordance with the provisions of the Indian Oaths Act, an oath or solemn affirmation to such person, who shall be bound to take the oath or solemn affirmation.
(2) Such Commissioner, at his discretion, may either proceed to the place of residence of the person to be examined according to the writ and examine him there, or he may issue a summons on such person requiring him to attend in person before the Commissioner at such time, on such date and at such place within a distance of one mile from the place of residence of such person as the Commissioner may fix in this behalf. The Commissioner may, by such summons, also require that such person shall, while so attending, produce himself any document, in his possession or under his control, which may, in the Commissioner's opinion, be necessary for, or in connection with, the examination of such person.
(3) Such summons shall be served in the prescribed manner.
(4) The person so served with summons shall be bound to attend in person, and to produce the document, at such time, on such date and at such place as may be specified in the summons served upon him.
Act X of
1873.
Refusal or failure to appear.