Assam Committees of the Legislature (Evidence) Act, 1947

No: 14 Dated: Oct, 22 1947

ASSAM COMMITTEES OF THE LEGISLATURE (EVIDENCE) ACT, 1947

ASSAM ACT XIV OF 1947

    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 dfJcuments before 1uch 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 do so ;

    It is hereby enacted as follows:-

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

2.Commencement:- It shall come into force at once.

3. Definitions:- 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.

4. Summoning of witnesses:- (l) Any Select dommittee 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 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.

(4) Any person producing a document or attending 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.

5. Oath or solemn affirmation:- 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 oath or solemn affirmation to such witness, who shall be bound to take such oath or solemn affirmation.