The Assam Committees of the Legislature (Evidence) Act, 1947 (Single Document)
# ASSAM ACT XIV OF 1947.


# THE ASSAM COMMITTEES OF THE LEGISLATURE (EVIDENCE) ACT,
 1947.

 [Passed by the Assembly]

 [Received the assent of the Governor on the 11th October, 1947.]

 [Published in the Assam Gazette of the 22[nd] October, 1947]


# An


_Act to invest Committees appointed by or in pursuance of_
_Resolutions passed in either Chamber of the Assam_
_Legislature with powers to enforce attendance of and to_
_examine witnesses on oath or affirmation and to compel_
_production of documents that are necessary for their inquiry_
_and also to make provisions for punishment of persons who_
_refuse to give evidence or produce documents before such_
_Committees, on being duly required to do so._

**Preamble.** Whereas by section 71(2) of the Government of India
Act, 1935, the privileges of members of a Chamber of a
Provincial Legislature shall be such as may from time to time
be defined by an Act of the Provincial Legislature;

And whereas it is expedient to invest Committees
appointed by or in pursuance of Resolutions passed in either
Chamber of the Legislature to inquire into definite matters
described in the Resolutions with powers to enforce
attendance of, and to examine witnesses on oath or
affirmation, as also to compel production of documents
relevant for their inquiry ;

And whereas by section 71 (4) of the said Act, the
Provincial Legislature has been empowered to provide, by
Act, for the punishment, on conviction before a Court, of
persons who refuse to give evidence or produce documents
before a Committee of a Chamber on being duly required to


26 Geo. V,
Chapter 2.


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do so ;


It is hereby enacted as follows:

**Short title.** **1.** This Act may be called the Assam Committees of the
Legislature (Evidence) Act, 1947.

**Commencement.** **2.** It shall come into force at once.

**Definitions.** **3.** In this Act,

(a) “document” includes any book, book of accounts,

record, map, plan, photograph or written paper, and

(b) “prescribed” means prescribed by rules made by the

Provincial Government under section 13.


**Summoning of**
**witnesses.**

**Issue of**
**summons.**

**Service of**
**summons.**

**Travelling and**
**daily allowance**
**of witnesses.**

**Oath or solemn**
**affirmation.**


**4.** (1) Any Select Committee appointed by either Chamber of

the Assam Legislature to consider a Bill under
consideration by that Chamber, or any Committee
appointed by or in pursuance of a Resolution passed by a
Chamber to inquire into definite matters described in
such Resolution, whether such Committee includes or
does not include any person who is not a member of such
Chamber, may order any person to attend before such
Committee or to produce himself or by any other person
any document in the possession or under the control of
such person.

(2) Any order to attend or to produce a document shall be

notified to such person by a summons in the prescribed
form issued by the Secretary to the Committee under the
orders of the Chairman of the Committee.

(3) Such summons shall be served in the prescribed manner.

The person so served with summons shall be bound to
attend in person or to produce the document, as the case
may be, at such time, on such date and at such place as
may be specified in the summons served upon him.

(4) Any person producing a document or attending in

obedience to such summons shall be entitled to receive
from the Secretary to the chamber such travelling and
daily allowance as may be prescribed.

**5.** Any such Committee may require any such witness
appearing before them to be examined upon an oath or
solemn affirmation in accordance with the provisions of the
Indian Oaths Act ; and it shall thereupon be lawful for the
Secretary to the Committee or any person authorised by the
Chairman of the Committee in this behalf to administer an


Act X of
1873.


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**Issue of**
**commission.**

**Refusal or**
**failure to**
**appear.**


oath or solemn affirmation to such witness, who shall be
bound to take such oath or solemn affirmation.

**6.** (1) Any such Committee may, at its discretion, if

circumstances so require, instead of issuing a summons
under sub-section (1) of section 4, or even if such
summons has been issued, at any time issue a
commission for the examination of any person whose
attendance before such Committee cannot be secured
conveniently or without unreasonable delay or expense.
Such commission may be issued to any person
(hereinafter called the Commissioner) by a formal writ
under the hand of the Secretary to the Committee, and
such writ shall direct the Commissioner so appointed to
examine the person concerned on oath or solemn
affirmation and to return the writ of commission with the
record of his proceedings to such Secretary within a date
to be specified in such writ, or within such later date as
may be subsequently fixed by the Committee. It shall be
lawful for such Commissioner to administer, in
accordance with the provisions of the Indian Oaths Act,
an oath or solemn affirmation to such person, who shall
be bound to take the oath or solemn affirmation.

(2) Such Commissioner, at his discretion, may either

proceed to the place of residence of the person to be
examined according to the writ and examine him there,
or he may issue a summons on such person requiring
him to attend in person before the Commissioner at such
time, on such date and at such place within a distance of
one mile from the place of residence of such person as
the Commissioner may fix in this behalf. The
Commissioner may, by such summons, also require that
such person shall, while so attending, produce himself
any document, in his possession or under his control,
which may, in the Commissioner's opinion, be necessary
for, or in connection with, the examination of such
person.


(4) The person so served with summons shall be bound to

attend in person, and to produce the document, at such
time, on such date and at such place as may be specified
in the summons served upon him.

**7.** (1) Subject to the proviso to section 71(4) of the

Government of India Act, 1935, if any person duly
summoned under the provisions of this Act to appear or
to produce any document omits, refuses or fails, without
reasonable cause, to appear (or, having duly appeared,


(3) Such summons shall be served in the prescribed manner.


Act X of
1873.

26 Geo. V,
Chapter 2.


-----

Act V of
1898.


**Refusal to take**
**oath or solemn**
**affirmation.**

**Punishment for**
**false evidence**
**and refusing to**
**give evidence.**

**Restriction on**
**taking of**
**cognisance of**
**Offence**


departs from the place where he is bound to attend
without the permission of the Chairman or the
Commissioner as the case may be) or to produce such
document in accordance with the directions given under
such summons, he shall be punished with simple
imprisonment which may extend to three months or with
fine which may extend to one thousand rupees or with
both.

(2) Any witness who refuses to take an oath or solemn

affirmation in contravention of the provisions of section
5 or sub-section (1) of section 6 shall be punished with
simple imprisonment which may extend to three months
or with fine which may extend to one thousand rupees or
with both.

**8.** (1) Every person giving evidence on any matter before any

Select Committee appointed by either Chamber, or
before any Committee appointed by or in pursuance of a
Resolution passed by a Chamber of the said Legislature,
or before a Commissioner appointed under sub-section
(1) of section 6, shall be bound to state the truth on such
matter. Any such person intentionally making any false
statement on any matter or intentionally producing or
causing to be produced any false or fabricated document
before such Committee or Commissioner, as the case
may be, shall be punished with imprisonment of either
description which may extend to three years and shall
also be liable to fine.

(2) Any person refusing to give evidence, after having taken

oath or affirmation, before such Committee or
Commissioner, as the case may be, shall be punished
with imprisonment of either description which may
extend to one year or with fine which may extend to one
thousand rupees or with both.

**9.** (1) No Court shall take cognisance of any offence

punishable under section 7 or section 8 except on the
complaint in writing of the Chairman of the Committee
or the Commissioner, as the case may be.

(2) The Commissioner shall make a complaint only when

authorised in writing to do so by the Chairman of the
Committee which appointed him.

(3) The Chairman of such Committee or a Commissioner

making such complaint shall be deemed to be a public
servant acting or purporting to act in the discharge of his
official duties within the meaning of proviso (aa) to
section 200 of the Code of Criminal Procedure, 1898.


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**Immunities and**
**privileges of**
**witnesses.**

**Arrangement to**
**preserve secret**
**character of**
**evidence.**

**Procedure when**
**a person’s**
**conduct is under**
**investigation.**

**Power to make**
**rules.**


**10.** Every person giving evidence before any Committee to
which this Act applies shall enjoy the same immunities and
privileges as if he were giving evidence before a Court.

**11.** Any person who is required to give evidence on any matter
or produce any document may object that such evidence or
document will disclose information which is likely to expose
him or his employer to unfair competition, and, on such
objection being made, the Chairman of a Select Committee
shall consider whether such objection is valid and if such
objection is accepted as valid, the Chairman shall make
arrangements to preserve the secret character of such
evidence.

**12.** If a Committee, appointed by or in pursuance of a Resolution
of a Chamber of the Legislature, consider it necessary during
the course of the inquiry to investigate the conduct of any
person, the Chairman shall give such person a reasonable
opportunity to be present at the inquiry, and allow him to
take such part in it, either in person or by his duly appointed
representative, as the Chairman considers fair to the person
concerned and relevant to the investigation.

**13.** (1) The Provincial Government may, subject to the condition

of previous publication, make rules
(a) for prescribing the form of summons for the

purposes of section 4, the manner of service of such
summons, and of service of a summons under subsection (3) of section 6,

(b) for determining the travelling and daily allowance to

be paid under sub-section (4) of section 4,

(c) for safeguarding confidential and privileged matters,

other than official matters, from disclosure, and


(d) generally, for carrying out the purposes of this Act.


(2) All rules made under sub-section (1) shall be laid before

both Chambers of the Provincial Legislature, as soon as
possible after they are made, and shall be subject to such
modifications or amendments as may be agreed on by
both the Chambers.


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