(1) The general principles of powers conferred by Evidence Act, 1872, (No. 1 of 1872), and Criminal Procedure Code, 1973 (No.2 of 1974) shall as nearly as may apply to the procedure of enquiry before Lokayukt or Up-Lokayukt in the matter of –
(a) Summoning and enforcing the attendance of any person and his examination on oath.
(b) requiring the discovery and production of documents and proof there of.
(c) receiving evidence on affidavits :
(d) requisitioning any public record or copy thereof from any court or office :
(e) issuing commission for examination of witness or documents, and such other matters as may be prescribed :
Provided that no proceeding before the Lokayukt or Up-Lokayukt shall be invalidated only on account of want of formal proof if the principles of natural justice are satisfied.
3Provided further that where it is necessary to summon any Government servant in his official capacity, his statement on affidavit shall be deemed to be sufficient as evidence.
(2) Any proceeding before the Lokayukt or Up-Lokayukt shall be deemed to be a judicial proceeding within the meaning of section 1934 and section 228 of the Indian Penal Code, 1860 (No. 45 of 1860).
(3) The Lokayukt or the Up-Lokayukt shall be deemed to be court within the meaning of Contempt of Court Act, 1971 (No. LXX of 1971).
1 Inserted by Amendment Act No. 7 of 1982, published in “Madhya Pradesh Rajpatra” (Asadharan) dated 27.3.82 ( pp. 426-428) 2 Substituted ibid. The substitution was only to the extent that the words” and in so doing ensure “ were substituted for the word “provided”.
3 Inserted by Amendment Act No.24 of 2003.
4. Words “and section 228” inserted vide Amendment Act No. 7 0f 1982.