Kerala act 010 of 1962 : Kerala Enquiries and Summonses (Amendment) Act, 1962

Section 1. Short title

1. Short title.- This Act may be called the Kerala Enquiries and Summonses (Amendment) Act, 1962.

Section 2. Amendment of Section 9, Act 24 of 1960

2. Amendment of Section 9, Act 24 of 1960.- Section 9 of the Kerala Enquiries and Summonses Act, 1960 (Act 24 of 1960), shall be renumbered as sub-section (1) of that section and-

(i) in sub-section (1) as so renumbered, the words "or into the conduct of any public servant as such" shall be omitted;

(ii) after sub-section (1) as so renumbered the following sub-section shall be added, namely:-

"(2) The Government may, by notification in the Gazette, invest any officer deputed by them to make an enquiry into the conduct of any public servant with the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of the following matters, namely:-

(a) Summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from any court or office;

(e) issuing commissions for the examination of witnesses or documents;

(f) any other matter which may be specified in the notification."

Section 3. Repeal

3. Repeal.- (1) The Kerala Enquiries and Summonses (Amendment) Ordinance, 1962 (Ordinance No. 4 of 1962), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken in the exercise of any powers conferred by or under the said Ordinance shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this Act were in force on the day on which such thing was done or action was taken.