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 
Short title. 
Commence-
ment. 
Definitions. 
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, 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:-
1. This Act may be called the Assam Committees of 
the Legislature (Evidence) Act, 1947. 
2. It shall come into force at once. 
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 
·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 
[ Price annas 2 or 2d.] 
26 Geo, 
V, Chap­
ter 2. 
\~ 
2 
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 
sole.mn 
affirmation. 
Issue of 
commis­
sion. 
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 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, 
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 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
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 
0 
Refusal 
failure 
appear. 
3 
-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. 
or 7. (1) Subject to the proviso to section 71(4) of the 26 Geo. v 
to Government of India Act, 1935, if any person duly sum- Chapter 2.' 
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~~~ a .r- or sub-section (1) of section 6 shall be punished with simp le 
ma 
1 
• 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. 
... 
(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 to which this Act applies shall enjoy the same immunities 
:ft~~sses. 
0 
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 
Power to 
make rules, 
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. 
13. ( 1) The Provincial Government may, subject to 
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. 
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