11.07.2015 Views

THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

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 or other material objectproducible as evidence;(c) receiving evidence on affidavits;(d) requisitioning any public record or a copy thereof from any court or office;(e) issuing commissions for the examination of witnesses or documents.(2) The State Election Commission shall also have the power to require any person,subject to any privilege which may be claimed by that person under any law for the time beingin force, to furnish information on such points or matters as in the opinion of the Commissionmay be useful for, or relevent to, the subject matter of the inquiry.(3) The State Election Commission shall be deemed to be a civil court and when anysuch offence, as is described in section 175, section 178. MAM ion 179, section 180 or section228 of the Indian Penal Code (Central Act 45 of 1860), is committed in the view or presenceof the Commission, the Commission may after recording the facts constituting the offenceand the statement of the accused as provided for in the Code of Criminal Procedure, 1973(Central Act 2 of 1974), forward the case to a magistrate having jurisdiction to try the sameand the magistrate to whom any such case is forwarded shall proceed to hear the complaintagainst the accused as if the case had been forwarded to him under section 346 of the Codeof Criminal Procedure, 1973 (Central Act 2 of 1974).(4) Any proceeding before the Commission shall be deemed to be a judicial proceedingwithin the meaning of section 193 and section 228 of the Indian Penal Code (Central Act 45of 1860).31 [(5) Notwithstanding anything contained in this Act or in any other law where the StateElection Commission is satisfied, on enquiry that any petition filed before him against any person isfrivolous and his baseless and hot in good faith, the Commission may direct the petitioner to pay suchcosts for conducting such enquiry by the opposite party.]197. Statements made by persons to the State Election Commission.— Nostatement made by a person in course of giving evidence before the State Election Commission shallsubject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving falseevidence by such statement:Provided that the statement-(a) is made in reply to a question which he is required by the State Election Commissionto answer; or(b) is relevent to the subject matter of the inquiry.198. Procedure to be followed by the State Election Commission.— The StateElection Commission shall have the power to regulate its own procedure, including the fixing ofplaces and times of its sittings and deciding whether to sit in public or in private.199. Protection of action taken in good faith.— No suit, prosecution or other legalproceedings shall lie against the State Election Commission or any person acting under thedirection of the Commission in respect of anything which is in good faith done or intended to beJune in pursuance of the forgoing provisions of this Chapter or of any order made thereunder orin respect of the tendering of any opinion by the Commission to the Governor or to the Governmentor in respect of the publication, by or under the authority of the Commission of any such opinion,paper or proceedings.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!