(1) For the purpose of any investigation including the preliminary enquiry if any under this Act, the Panchayat Ombudsman may require any person, 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 inquiry), Panchayat Ombudsman shall have the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matter, namely:-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
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(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or officer;
(e) issuing commissions for the examination of witnesses or documents;
(f) such other matters as may be prescribed.
(3) Any proceeding before the Panchayat Ombudsman shall be deemed to be a judicial proceeding within the meaning of section 193 of the Indian Penal Code.
(4) 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 affairs of the State of Karnataka or the security or defence or international relations of India (including India’s relations with the Government of any other country or with any international organisation); and
(b) as might involve the disclosure of proceedings of the Cabinet of the State Government or any Committee of that Cabinet,
Explanation ,- For the purpose of this sub-section, a certificate issued by the Chief Secretary 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.
(5) For the purpose of investigation under this Act, no person shall be compelled to give any evidence or produce any document which he could not be compelled to give or produce in proceedings before a Court.
296-E. Matters not subject to investigation.- The Panchayat Ombudsman shall not investigate any matter,-
(i) which the Lokayukta or the uplokayukta is investigating under the provisions of the Karnataka Lokayukta Act, 1984 (Karnataka Act 4 of 1985); or
(ii) which is being investigated by a competent authority under any provisions of the Central Act or State enactments.
296-F. Reports of Panchayat Ombudsman.- (1) If, after investigation of any action or allegation involving a grievance has been made, the Panchayat Ombudsman is satisfied that such action has resulted in injustice or undue hardship to the complainant or to any other person, he may by a report in writing, recommend to the Government that such injustice or hardship shall be remedied or redressed in such manner and within such time as may be specified in the report.
(2) If, after investigation of any action involving an allegation has been made, the Panchayat Ombudsman is satisfied that such action or allegation is substantiated either wholly or partly, he shall make specific report in writing to the Government communicating his findings and recommendations along with the relevant documents, materials and other evidence in support of his findings and recommendations.” H.R.BHARDWAJ GOVERNOR OF KARNATAKA By Order and in the name of the Governor of Karnataka, G.K. BOREGOWDA Secretary to Government Department of Parliamentary Affairs and Legislation ¸ÀPÁðj ªÀÄÄzÀæuÁ®AiÀÄ, «PÁ¸À ¸ËzsÀ WÀlPÀ, ¨ÉAUÀ¼ÀÆgÀÄ. (¦3) (1000 ¥ÀæwUÀ¼ÀÄ) THE KARNATAKA PANCHAYAT RAJ (AMENDMENT) ORDINANCE, 2010.
THE KARNATAKA PANCHAYAT RAJ (AMENDMENT) ORDINANCE, 2010.