(1) Subject to the provisions of this section for the purpose of any enquiry including the verification under section 12, the 28[Lokpal or the Up-Lokpal, as the case may be,] - 1Substituted for words “Lokpal” by Punjab Act No. 22 of 2013, Section 8 2Substituted by Punjab Act No. 1 of 1998, Section 13 Procedure in respect of inquiries.
Evidence.
(a) may require any public servant or any other person, who, in his opinion is able to furnish information or produce documents relevant to such inquiry, to furnish any such information or produce any such document;
(b) shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908, only in respect of the following matters, namely:-
(i) summoning and enforcing the attendance of any person and examining him on oath;
(ii) requiring the discovery and production of any document;
(iii) receiving evidence on affidavits;
(iv) requisitioning any public record or copy thereof from any court or office;
(v) issuing commissions for the examination of witnesses; and
(vi) such other matters as may be prescribed.
(2) A proceeding before the 1[Lokpal or the Up-Lokpal, as the case may be,] shall be deemed to be a judicial proceeding under the meaning of Section 193 of the Indian Penal Code, 1860.
(3) Subject to the provisions of sub-section (4) -
(a) no obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to the Government or any public servant whether imposed by any enactment or by any provision of law whatever, shall apply to disclosure of information for the purposes of any inquiry (including the verification under Section 12) under this Act;
and
(b) the Government or any public servant shall not be entitled, in relation to any verification or inquiry, to any such privilege in respect of the production of documents or the giving of 1Substituted for words “Lokpal” by Punjab Act No. 22 of 2013, Section 8 evidence as is allowed by any enactment or by any provision whatsoever in legal proceedings.
(4) No person shall be required or authorised by virtue of this Act to furnish any information or answer any such questioner produce so much of any document -
(a) as might prejudice the security of the State or the defence or international relations of India (including India's relations with the Government of any other country or with any international organisation), or the investigation or detection of crime; or
(b) as might involve the disclosure of proceedings of the Council of Ministers or of any Committee thereof and for the purpose of this sub-section, a certificate issued by a 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:
Provided that the 1[Lokpal or the Up-Lokpal, as the case may be,] may require any information or answer or portion of document in respect of which a certificate is issued under this subsection to the effect that it is of the nature as specified in clause (b) to be disclosed to him in private for scrutiny and if on such scrutiny the 2[Lokpal or the Up-Lokpal, as the case may be,] is satisfied that such certificate ought not to have been issued, he shall declare the certificate to be of no effect.