7. (1) Without prejudice to the powers conferred upon the Competent Authority under
any other law for the time being in force, the Competent Authority, may require, for the
purpose of any inquiry any public servant or any other person who in its opinion shall be
able to furnish information or produce documents relevant to the inquiry or assist in the
inquiry, to furnish any such information or produce any such document as may be necessary
for the said purpose.
(2) For the purpose of any such inquiry (including the preliminary inquiry), the
Competent Authority shall have all the powers of a Civil Court while trying a suit under the
Code of Civil Procedure, 1908, in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him
on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses or documents;
(f) such other matters as may be prescribed.
(3) The Competent Authority shall be deemed to be a Civil Court for the purpose of
section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973, and every
proceeding before the Competent Authority shall be deemed to be a judicial proceeding
within the meaning of sections 193 and 228 and for the purposes of section 196 of the Indian
Penal Code.
(4) Subject to the provisions of section 8, 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 the Official Secrets Act, 1923 or any other law for
the time being in force, shall be claimed by any public servant in the proceedings before the
Competent Authority or any person or agency authorised by it in writing and the Government
Matters not
to be inquired
by Competent
Authority.
37 of 1850.
60 of 1952.
Powers of
Competent
Authority.
5 of 1908.
2 of 1974.
45 of 1860.
19 of 1923.
8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
or any public servant shall not be entitled in relation to any such inquiry, to any such
privilege in respect of the production of documents or the giving of evidence as is allowed
by any enactment or by any rules made thereunder:
Provided that the Competent Authority, while exercising such powers of the Civil
Court, shall take steps as necessary to ensure that the identity of the person making complaint
has not been revealed or compromised.
8. (1) No person shall be required or be authorised by virtue of provisions contained in
this Act to furnish any such information or answer any such question or produce any document
or information or render any other assistance in the inquiry under this Act if such question or
document or information is likely to prejudicially affect the interest of the sovereignty and
integrity of India, the security of the State, friendly relations with foreign State, public order,
decency or morality or in relation to contempt of court, defamation or incitement to an offence,—
(a) as might involve the disclosure of proceedings of the Cabinet of the Union
Government or any Committee of the Cabinet;
(b) as might involve the disclosure of proceedings of the Cabinet of the State
Government or any Committee of that Cabinet,
and for the purpose of this sub-section, a certificate issued by the Secretary to the
Government of India or the Secretary to the State Government, as the case may be, or,
any authority so authorised by the Central or State 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.
(2) Subject to the provisions of sub-section (1), no person shall be compelled for the
purposes of inquiry under this Act to give any evidence or produce any document which he
could not be compelled to give or produce in proceedings before a court.
9. (1) Every public authority shall, for the purposes of dealing or inquiry into the
disclosures sent to it under sub-section (3) of section 5, create an appropriate machinery for
the said purpose.
(2) The Competent Authority shall exercise superintendence over the working of
machinery created under sub-section (1) for the purposes of dealing or inquiry into the
disclosures and give such directions for its proper functioning, from time to time, as it may
consider necessary.
10. For the purpose of making discreet inquiry or obtaining information from the
organisation concerned, the Competent Authority shall be authorised to take assistance of
the Delhi Special Police Establishment or the police authorities, or any other authority as
may be considered necessary, to render all assistance to complete the inquiry within the
prescribed time pursuant to the disclosure received by the Competent Authority