The Assam Committees of the Legislature (Evidence) Act, 1947 (Single Document)

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 Gazette of the 22nd October, 1947] 
 
An 
 
 
       Act to invest Committees appointed by or in pursuance of 
Resolutions passed in either Chamber of the Assam 
Legislature wit h 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 documents before such 
Committees, on being duly required to do so. 
 
Preamble.        Whereas by section 71(2) of the Government of India 
Act, 19 35, 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 witn esses 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 b efore a Court, of 
persons who refuse to give evidence or produce documents 
before a Committee of a Chamber on being duly required to 
26 Geo. V, 
Chapter 2. 
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. 
 
Commencement. 2. It shall come into force at once.  
Definitions. 3. In this Act, 
(a) “document” includes any book, book of accounts, 
record, map, plan, photograph or written paper, and 
 
(b) “prescribed” means prescribed by rules made by the 
Provincial Government under section 13. 
 
Summoning of 
witnesses. 
 
 
 
 
 
 
 
 
 
 
Issue of 
summons. 
 
 
 
Service of 
summons.  
 
 
 
 
Travelling and 
daily allowance 
of witnesses.  
 
 
4. (1) Any Select Committee 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 served with summons shall 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 r eceive 
from the Secretary to the c hamber such travelling and 
daily allowance as may be prescribed. 
 
Oath or solemn 
affirmation. 
 
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 pro visions 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 
 
Act X of 
1873. 
oath or solemn affirmation to such witness, who shall be 
bound to take such oath or solemn affirmation. 
 
Issue of 
commission. 
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 
commission for the examination of any person whose 
attendance before such Committee cannot be secured 
conveniently 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 the 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 aff irmation to such person, who shall 
be bound to take the oath or solemn affirmation. 
 
(2) Such Commissioner, at his discretion, may either 
proceed to the place of residence of the person to be 
examined according to the writ and examine him there, 
or he may issu e 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 Commissioner may fix in this behalf. The 
Commissioner may, by such summons, also require that 
such person shall, while so attending, produce himself 
any document, in his possession 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 manner. 
 
(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. 
 
 
 
 
 
 
 
 
 
 
Act X of 
1873. 
Refusal or 
failure to 
appear. 
 
 
7. (1) Subject to the proviso to section 71(4) of the 
Government of India Act, 1935, if any person duly 
summoned 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 ap peared, 
26 Geo. V, 
Chapter 2. 
 
 
 
 
 
 
 
 
 
Refusal to take 
oath or solemn 
affirmation. 
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 simp le 
imprisonment which may extend to three months or with 
fine which may extend to one thousand rupees or with 
both. 
 
(2) Any witness who refuses to take an oath or solemn 
affirmation in contravention of the provisions of section 
5 or sub -section (1) of section  6 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. 
 
Punishment for 
false evidence 
and refusing to 
give evidence. 
8. (1) Every person giving evidence on any matter before any 
Select Committee appointed by either Chamber, or 
before any Committee appointed by or in pursuance of a 
Resolution passed by a Chamber of the said Legislature, 
or before a Commissioner appointed under sub -section 
(1) of section 6, shall be bound to state the truth on such 
matter. Any such person intentionally making any false 
statement on any matter or intentionally producing or 
causing to be produced any false or fabricated document 
before such Committee or Commissioner, a s 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 
Commissioner, as the case may be, shall be punished 
with imprisonment of either description which may 
extend to one year or with fine which may extend to one 
thousand rupees or with both. 
 
 
Restriction on 
taking of 
cognisance  of 
Offence 
9. (1) No Court shall take cognisance of any offence 
punishable under section 7 or section 8 except on the 
complaint in writing of the Chairman of the Committee 
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 Commissioner 
making such complaint shall be deemed to be a public 
servant acting or purporting to act in the discharge of his 
official duties with in the meaning of proviso (aa) to 
section 200 of the Code of Criminal Procedure, 1898. 
 
 
 
 
 
 
Act V of 
1898. 
Immunities and 
privileges of 
witnesses. 
10. Every person giving evidence before any Committee to 
which this Act applies shall enjoy the same immunities and 
privileges as if he were giving evidence before a Court. 
 
 
Arrangement to 
preserve secret 
character of 
evidence. 
11. Any person who is required to give evidence on any matter 
or produce any document may object that such evidence or 
document will disclose information which is likely to expose 
him or his employer to unfair competition, 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 Chairman shall make 
arrangements to preserve the secret character of such 
evidence. 
 
 
Procedure when 
a person’s 
conduct is under 
investigation. 
12. If a Committee, appointed by or in pursuance of a Resolution 
of a Chamber of the Legislature, consider it necessary during 
the course of the inquiry to investigate the conduct of any 
person, the Chairman shall give such person 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 appoi nted 
representative, as the Chairman considers fair to the person 
concerned and relevant to the investigation. 
 
 
Power to make 
rules. 
13. (1) The Provincial Government may, subject to the condition 
of previous publication, make rules-  
(a) for prescribing the form of summons for the 
purposes of section 4, the manner of service of such 
summons, and of service of a summons under sub -
section (3) of section 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, a s soon as 
possible after they are made, and shall be subject to such 
modifications or amendments as may be agreed on by 
both the Chambers. 
 
 

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