Procedure in inquiries.

§29

Summary

(1) In holding of any inquiry under this section, the Council shall have the powers as vested in Civil Courts under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit in respect of the following matters, namely:- (a) enforcing the attendance of any person and examining him on oath; (b) compelling the production of documents; (c) issuing of commissions for the examination of witnesses. (2) All inquiries under this section shall be deemed to be the judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code, 1860 (45 of 1860). (3) For the purpose of advising the Council on any question of law arising in any inquiry under this section, there may in all such inquiries be an assessor, who has been for not less than ten years,- (i) an Advocate enrolled under the Advocates Act, 1961 (25 of 1961); or (ii) an Attorney of a High Court. Explanation.— For the purposes of this clause, in computing the period during which a person has been enrolled as an Advocate, there shall be included any period during which he has been enrolled as an Advocate under the Indian Bar Councils Act, 1926 (38 of 1926). (4) Where an assessor advises the Council on any question of law as to evidence, procedure or any other matter, he shall do so in the presence of every party or person representing the party, to the inquiry who appears thereat or, if the evidence is tendered after the Council has begun to deliberate as to its findings, every such party or person as aforesaid shall be informed what advice the assessor has tendered. Such party or person shall also be informed if in any case the Council does not accept the advice of the assessor on any such question, as aforesaid. (5) Any assessor under this section may be appointed either generally, or for any particular inquiry or class of inquiries, and shall be paid such remuneration as may be determined by regulations.

(1) In holding of any inquiry under this section, the Council shall have the powers as vested in Civil Courts under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit in respect of the following matters, namely:- (a) enforcing the attendance of any person and examining him on oath; (b) compelling the production of documents; (c) issuing of commissions for the examination of witnesses. (2) All inquiries under this section shall be deemed to be the judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code, 1860 (45 of 1860). (3) For the purpose of advising the Council on any question of law arising in any inquiry under this section, there may in all such inquiries be an assessor, who has been for not less than ten years,- (i) an Advocate enrolled under the Advocates Act, 1961 (25 of 1961); or (ii) an Attorney of a High Court. Explanation.— For the purposes of this clause, in computing the period during which a person has been enrolled as an Advocate, there shall be included any period during which he has been enrolled as an Advocate under the Indian Bar Councils Act, 1926 (38 of 1926). (4) Where an assessor advises the Council on any question of law as to evidence, procedure or any other matter, he shall do so in the presence of every party or person representing the party, to the inquiry who appears thereat or, if the evidence is tendered after the Council has begun to deliberate as to its findings, every such party or person as aforesaid shall be informed what advice the assessor has tendered. Such party or person shall also be informed if in any case the Council does not accept the advice of the assessor on any such question, as aforesaid. (5) Any assessor under this section may be appointed either generally, or for any particular inquiry or class of inquiries, and shall be paid such remuneration as may be determined by regulations.

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