( I) The Conumsswn may, m case the alle,eation is found to be w1thout substance or triVIal m nature \'>r 1s not substantiated, order the pet1t10ncr, to pay such amoun~ of costs as may be specified in the order to the pubJ1c man agam~t whom the allegatiOn has been made or to any other person 1eferred to m sub-section (7) of section 11.
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(2) The ComnliSs on may order any p<~rt of the costs ordered to be paid under sub-section (I) to be pa1d out of any amount depo~1ted under sec·t!On 8 and Issue a Lertlficate of recovery m respect of the !l"cmamder, 1f any
(3) Any person m who)e fa-vour a certificate IS issued under sub sectiOn (2) may app!y to the prmc1pal CIVJII court of ongmaf JunsdJctton with Ill the local Im11t) of whose JUn~dJctJnn any person agams.t whom a certificate IS 1ssued ha~ a place of res,de.nce or busmess i,)f recovery of !Jhe amount specified m the certificate and such court shall ~hereupon execut~ the cert1ficatc, 01 cause the same to be executed, in the manner and by the ~a me procedure as 1t 1t were a decree. for the payment of money pas~cd by Itself 1n a su1t 15 Powe1s of Comm1sswn and Officers -(1) The Comn11ssion and any officer authonsed by the Comnuss10n shall have all the powers of a CIVIl court wl11le trymg a suit under the Code of CIYII Pro.edure, 1908 (Central Act 5 of 1908), m "respect of the followmg matter<>. namely:-
(a) summonmg and enforcmg the attendance of any person and exammmg hm1 on oath;
(b) requmng the d1scovery and produ'ction of any document:
(c) receivmg ev1dence on affidavits;
(d) requlSltionmg any public record or copy !Jhereof from any court or office;
(e) Issuing CommiSSions for the examinatiOn of v .. itnesses or documents, •
(f) such other matters as may be prescribed 'y
(2) Earh Comm•ss10ner 01 any officer authorised by the Commission in this behalf may en·ter and search any bu•ildmg or place where the ComrniS£Jon has reason to believe that anv books \'>f account or otther document::. relevant to the subject mcitJter of the enquuy may be found, ..
53 and may seize any such books of account or documents or take extracts or copies t•herefrom.
(3) The provisiOns of section 100 of the Code of Cr,mmal Pro cedure, 1973 (Central A.ct 2 of 1974), shall, so far as may be, apply to searches under sub--section (2)
(4) Any proceedmgs befote the Commbsion shaJI be dl!cmed to be a judJCidl proceedmg w1thm the mcanmg of sections 193 and 228 of tJhe Indian Penal Code (Cent I dl Act 45 of 1860) 16 Power of Comm1sston to call for specwl p10pe11y Marements. The Commis~Ion shall have power to call for a ~pectal property state ment in the presc11bed form any public man, an allegatiOn agam~t whom is under mvestigation under this Act. - 17 Statement.\ made lo rlw Commts~wn -(1) Subject to the pro VblMS of sub-sectiOn (2), no obhgat1on tu mamtam set..rcry or other rcstnct11on ilpon the dJsclo<>ure of mformatwn ob:::~•ned by or furmshed .
....i to tlhe Government or any public servant, wheth~r unpo:,.:J by any :'\.enactment or by any ruue of bw, shall apply to the ·dtsclosu1 t: of mfor- • mllltwn for tJhe purpose of any mvestlgdtJon under th1s Al.t and the Government or any public servant shall not be entitled, m relatiOn to any such mvesftgation, to any !>uch pnv1Iege m respect of produotion of documents or g1vmg evidence as IS allowed by any e.nactment or by any 1 uUe of law m legal proceedmgs •
(2) No person shall be required or authoriSed by v11 tue of this Act Ito furnish any such informatiOn or answer any such question or produce so much of any document, as m1ght prejudice· the secunty or defence or mternatlonal relations of India (mcludmg India's relat10n with tl!he Government of any other country or wtth any mternat10nal orgamsatwn), and for the purpose of this sub-section a certificate issued by a Secretary to the Government of India cert•Jfymg that any mformation, answer or JX>fltion of a document is of the nature specLfied In thiS sub section sha]l] be bmdmg and conclusive.
(3) Subject to •tl1e provistons of sub-sectiOn (1 ), no person shall be compelled for the purpose of mvestJgat.on under th1s Act to gtve any evidence or produce any document whi::h he could not be compelled ~, to give or produce m proceedings before a court .....
(4) No statement made by a per~on m the course of giving evidem.e before the Commission ~hahl sub,teet htm to, or be used agamc;t htm m any civil or cnminal proceedmg except a prosecutiOn for giving false evidence by such statement:
54
Provided that the sta.tement-
(a) is made m reply to a question he is required by the Com- , mission to answer; or -,r
(b) is relevant to the subject matter of the {nvestigation.
18. Secrecy of information- <\n)l informatiOn obtained by the Comm;sc;ion or member<> of its staff or aoy inve<>tigation agency in the cour::.e of. or for the purpose of any investigation under th:<; Act and any evidence recorded or collected in connectiOn with ::.uch Investigation shall be trea·ted as confidential. and notwithstanding anvthin~ contained in the JnC11an E,· dence Act, 1872 (Central Act I of 1872), no court shall be entitled to compd the Commission or any Commissionet or any member of its• staff or any investigat·on agency to g1ve evidence relatmg to such mformat'on or prcduce the evJdcnce so recorded or collocted oro
(2) Nothing in sub:scction (1) shall apply to the· disclosure of any information or partJculars-
(a) for .the purpose of the inve<>tigation or in any ICJ>O'T't too be made thereon or for any action or proceedmgs to be taken on such report; or ..J':·
(b) for the purposes of any proceedm~ for· an offrnce under the Official Secrets Act', 1923 (Ce"·tral Act 19 of 1923) or any offence of givmg or fabrica.ting false evi.lence under the Indian Penal Code (Cen.tral Act 45 of 1860) or for purpo<>es of any proceeding under <>ectoin 25; or
(c) for such other purposes ~s may be prescribed fX: 3 ;::;: ,......
(3) No person shall publish any proceedmg relatmg to a preli minary invest•gation undrr section. 10 wh10h is pending be for~ the Com mission nor ~hall any person publish such proceeding after ~uch investi gdltion is completed
(4) Whoever contravenes the provisions of be punished with c;tmpk Imprisonment for a term two years, or. w~th fine. or _v-:ith both sub-section (3) sh'<lll which mav extend to
(5) Nothmp: m sub-~ect1ons (3) and (4) shafll apply to the publi- · cllltion of any report laid before the Legislative Assembly 19 Protection ·of action taken under the Act --(1) No <>uit, pro secution or other legal prcceedmg o:;hall lie against the Crnnmission or a Commis<>ioner or against any officer: emplovee, agency or person referred to in srction 7 in respect o~ anything which is in good faith done or intended to be done under this Act .
• 55
(2) No proceeding of the CommissiOn shatll be held mvaild for want of foi m and, except on. the g1 ou"nd of JUriSdictiOn, no proceedmg or q_ecJsmn of the Comm1sswn shall be hable to be challenged, revtew or -called m questiOn m any court.
' 20 Power of Commts\ton 10 I• y cei tam offences swn'1wnly -{1) If, at any stage ol a proceedmg beiore the CommJ~SIOn, 1t appears to them that any person appeanng m such proceedmg had knowmgily or wilfully giVen talse evidence or had tabncated iabe evidence Wirth the mtentiOn t<h3!t such evidence ~Jwuld be used m such proccedmg, the CommissiOr. may, If sat1sf:Ied that 1t b necessary and exped;ent m • the mterests of JUStice that the per~on shQuld be tned ~ummat1ty tor gtvmg or fabnca:tmg, as the case may be, J alse evidence, tdke cogmzance ot the offence and may, attcr giVlng the offender a reasonablle upporti.mtty of s-howmg cause why h'c shoulu 'not b'e pumshed tor such ul!ence, try such offender summClll'dy, so far a~ may be m accordance wtth the pro cedure pre~cJtbed for summary tnals under the Code of Cnmmal l'ro-.
cedure, 1973 (Central Act 2 ot 1~74), and sentence htm ~o 1mpnsonment for a term which ~hall n<>t be lc~s than three month~ but wnich may extend to one year, and w1th fine . wn 11ch -shall not oe less than two thousand rupees but whtch may extend to five thousand rupees.
~~-,.. \..._ (2) In cvc1 y case It ned under thJ'> ~ect10n, the Comm1~S1on shall record 'the fads comututmg the offence With the statement (If any) maae by the offendet a~ 'weU as the findmg and the sentence.
(3) Any person convtcted on a tnal held under thts scctton may appeal to the High Count and the ptovisions of Chapter XXIX of · the Code of Cummal Procedure, 1973 (Cen~ra1! Act 2 of 1974), !.hall, so far as may be, apply to appeals undeT th1~ sectiOn and the H1gh Court may alter or reverse the findmg or reduce or reverse the sentence appealed agamst.
. )
(4) The provJSions ofrthis i>Cction shall have elfed not\\ithstanding anythmg contamed ill the Code of Cnmmal Procedure, 1973 (central Act 2 of 1974).
, (5) Words and expressiOns use::! w thiS sectiOn and not defined in this Act shaill have the same meamng as ill the Code of Cnmmal Procedure, 1973 (Central Aot 2 of 1974)
21. Powe.r to delegate -The .Coffiffil~tOn may, by general or special order ill wnting, du:ect that any powers conferred or . duti<:S 1mposed on 1t: by or under thJ<> Act (except the power to make mves~l gatwn or to report to the Government) may also be exercised or dlS ~harged by such of the offi,cers, employees or agenc1es referred to in seetion 7, as may be specified m the order.
56 22 Bar to inquiries -No formal or open inquiry into any alleged ccmmis~Jon ot co.r.rupt1on by any publllc man 111 respect of whtch a petition has been p1 esented under sectiOn 8 shall be made at the mstance of the Government e1ther under the Comn11ss10ns of lnqu1ry Act, 1952 "'W (Central Act 60 of 1952) or by any other order or re~olut10n of the Govern- ,.
ment, but nothmg herem contamed shall be construed as aftecting any nght or power ot any other petson or o.uthonty under the Code of Cnmmal Procedure, 1973 (Central Ad .. 2. of 1974) or under any other law for the •time bemg 111 force, or us affectmg the constitutiOn of or , .
the contmuance of the functiOning of or exerctse of powers by, any committee or CommJSSion of lnquu y appomted before the commence ment of th;s Act 23 Di~posal of deposit- The Commission shall at the end of the invest1gat.on make such order~ 111 rc<;pect of the sum deposJted by any pettt10ne1 under ~~ot10n 8 mcludmg order~ for the fo: feiture of the whole or any portiOn of 'iuch sum as havmg regard to the circumstances of' .. the cJse It thmks fit.
\ 24 Pendency of case not to bar proceedings under this Act -The pendency of any civil or crimmal case m the H1gh Count or any court subordmate thereto m respect of any allegatiOn of corruptwn shall not' bar the scrutmy, mvest1gatwn or mqmry of or rnto ~hat alllegahon under ~ , .this Act, and no such scrutmy, mvesligation or mqUiry shall be deemed_, • to amount to contempt of such court.
25, lmentu:hwl insult, etc., to the Commissron.--{I) Whoever intentwnatly offers any msult, or causes any mterruptton, to the Com miS~Ion whde they are conducting any mvestigation under this Act, sh8Jll be punishable with ~1mple unpnsonment for a ·term which may extend to two years, or with fine, or With both,
(2) Whoever, by words 'ipoken or mtended to be read, makes or publishes any statement or does any other act, wh1ch 1s calculated to bring the Comm1ss1on mto d1srepute, ~hall be punishable w1th stmple lmpnson ment for a term which may extend to two years, or w1~h fine, or wlltb both.
(3) The provisions of sub-section (2) of section 199 of the Code of Cnmmal Procedure, 1973 (Central A.ct 2 of 1974), shall apply in .relation to an offence under sub-sectiOn (1) or sub-section (2) as they apply m Telat10n to an offence referred to tn sub-sectiOn (2) ot the satd sectiOn 199, subJect to the modtficatwn that no complamt m respect of such offence shall be anadc by the Public Prosecutor except w1th the prev1ous sanctiOn of the CommissiOn. '\,~