The ASSAM COMMITTEES OF THE LEGISLATURE (EVIDENCE) ACT, 1947
### 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 _Ga;:.ette_ of the 22nd October, 1947.]

_An_
_Act_ _to_ _invest_ _Committees_ _appointed_ _by_ _or_ _in_ _pursuance_
##### of Resolutions passed in either Chamber of the Assam Legis-

_lature_ _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_ _dfJcu-_

_ments_ _before_ _1uch_ _Committees,_ _on_ _being duly_ _required_ _to_ _do_ _so._

Preamble. Whereas by section 71(2) of the Government of India 26 Geo,

Act, 1935, the privileges of members of a Chamber of a V, Chap-
Provincial Legislature shall be such as may from time to ter 2.
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, atld to examine witnesses on oath or affirma-
tion, 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 docu-
ments before a Committee of a Chamber on being duly
required to 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.

Commence- 2. It shall come into force at once.

ment.

Definitions. 3. In this Act,

_(a)_ "document" includes any book, book of accounts,
record, map, plan, photograph or written paper, and
_(b)_ "presct:ibed" means prescribed by rules made by
the Provincial Government ur,der section 13.

Summoning 4. (l) Any Select dommittee appointed by either
of witnesses. 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

            - o 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

[ _Price_ _annas_ _2 or_ _2d.]_


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any person to attend before such_ Committee or to produce
himself or by any other person any document in the posses-
sion or under the control of such person.

Issue of (2) Any or.ier to attend or to produce a document shall

summons. 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.

Service of (3) Such summons shall be served in the prescribed
summons. h d       - h 1 11
manner. T e person so serve Wit summons s 1a 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.

## Tr:tcill\ng (4) Any person producing a document or attending

~Uowaa~!e of in obedience to such summons shall be entitled to. receive

witn~~ses. from the Secretary to the Chamber such travellmg and
daily allowance as may be prescribed.

Oath or 5. Any such Committee may require any such
sole.mn witness appearing before them to be examined upon an
affirmation. oath or solemn affirmation in accordance with the provisions

of the Indian Oaths Act ; and it shall thereupon be lawful Act x of
for the Secretary to the Committee or any person authorised 1873.
by the Chaurnan of the Committee in this behalf to
administer an oath or solemn affirmation to such witness,
who shall be bound to take such oath or s~emn affirmation.
6. (1) Any such Committee may, at its discretion,

Issue of
commis- if circumstances so require, instead of issuing a summons

sion. under · sub-section (1) of section 4, or even if such

summons has been issued, at any time issue a commis-
sion for the examination of any person whose
attendance before such Committee cannot be secured con-
veniently 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 i;he
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
Act X of
person, who shall be bound to take the oath or solemn 1873
affirmation.
(2) Such Commissioner, at his discretion, may either

proceed to the place of residence of the person to be exa- 0
mined 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 Com-
missioner may fix in this behalf. The Commissioner may,
by such summons, also require that such person shall, while


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-so attending, produce himself any document, in his posses-

sion or under his control, which may, in the Commissioner's
opinion, be necessary for, or in connection with, the
examination of such person.
(3) Such summons shall. be served in the prescribed

rnanner.
(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.

Refusal or 7. (1) Subject to the proviso to section 71(4) of the 26 Geo. v
failure to Government of India Act, 1935, if any person duly sum- Chapter 2.'
appear. moned 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,
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.
Refusal to (2) Any witness who refuses to take an oath or solemn

take oathffir affirmation in contravention of the provisions of section 5

sol~~~ 1 a .r- or sub-section (1) of section 6 shall be punished with simple
ma       - imprisonment which may extend to three months or with

fine which may extend to one thousand rupees or with
both.

Punishment 8. (1) Every person giving evidence on any matter
for false evi- before any Select Committee appointed by either Chamber,

de!lc~ and or before any Committee appointed by or in pursuance of

r~lusmg _vt?_ a Resolution passed by a Chamber of the said Legislature,
give e I• b _r_ C . . . d d b .
dence. or ewre a omm1sswner appomte un er su -sectwn
(1) of section 6, shall be bound to state the truth on
such matter. Any such person intentionally making
any false statement on any marter 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 Commis-
sioner, as the case may be, shall be punishd with imprison-
ment of either description which may extend to one year or
with fine which may extend to one thoiJsand rupees or with
both.

Restrict!on 9. (1) No Court shall take cognisance of any offence

_0 [_ takm~ punishable under section 7 or section 8 except on the com-

~ancecogn~f plaint in writing of the Chairman of the Committee

offence. 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.


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(3) The Chairman of such Committee or a Commis.

sioner making such complaint shall be deemed to be a
public servant acting or purporting to aCt in the discharge A 1 y of
of his official duties within the meaning of proviso (aa) to ~·B9H.

section 200 of the Code of Criminal Procedure, 1898.

Immunit!e~ 10. Every person giving evidence before any Committee
### tnd . prlVIf 0 to which this Act applies shall enjoy the same immunities

:ft~~sses. and privileges as if he were' giving evidence before a

Court.

Arrange- 11. Any person who is required to give evidence on
ment to anv matter or produce any document may object that such
preserve .'d d "II d" I         - _c_ . h" h .
secret cha- ev1 ence or ocument WI ISC ose Inwrmatlon w IC IS

racter of likely to expose him or his employer to unfair competition,
evidence. 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 Chair-
man shall make arrangements to preserve the secret
character of such evidence.

Procedure 12. If a Committee, appointed by or in pursuance of a

wh~n a per- Resolution of a Chamber of the Legislature, consider it
sdonts. codn- necessary during the course of the inquiry to investigate the
uc 1s un er . .
investiga- conduct of any person, the Chairman shall give such person

tioD. 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 investiga-
tion.

Power to 13. ( 1) The Provincial Government may, subject to
make rules, the condition of previous publication, make rules-

_(a)_ for prescribing the form of summons for the purpo-

ses of section 4, the manner of service of such summons,
and of service of a summons under sub-section ( 3) of sec-
tion 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 possi11le after they are made, and shall be subject

to such modifications or amendments as may be agreed on
by both the Chambers.

A.G.P. (Leg.) No.27-7S0+25-3-2-1948.

_I_


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