Bare ActsThe Kerala Public Men (Prevention of Corruption) Act, 1983(Act 6 of 1984)

Section 14

Costs

Amendment status not verified — confirm the current text below against the official source.

Costs.-( 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. . (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.

Section 14 – The Kerala Public Men (Prevention of Corruption) Act, 1983(Act 6 of 1984) | DailyLaw.ai