(1) The investigating authority may, while conducting investigations and inquiries into offenses of corruption under this Chapter, exercise the following powers: –
(a) To order a government body, public institution, public servant or any other person to send or submit within a certain time any relevant document, documentary evidences or any other things before it;
(b) To conduct inquiry with, or to record the statement of, the public servant or any other person accused of corruption or the person to whom the investigating authority deems to having information on the relevant facts;
(c) The investigating authority may, upon having taken explanation from or upon completing inquiry or recording
the statement of a public servant or any other person accused of corruption, release such person having executed a bond from him/her to appear as and when required, or having required him/her to appear on the prescribed date or, in case there is a reasonable cause to believe that such public servant or person may abscond or there has been a loss of an amount, the investigating authority may ask from him/her to submit a deposit or guarantee and require
him/her to appear in the prescribed date or in case no deposit or guarantee is produced, keep him/her in custody.
(2) In case the investigating authority has sent a letter having fixed a time limit to the concerned body, public servant or other person requiring to submit any document or any other material or to provide information on any matter or requiring a public servant or any other person to appear before it, it shall be done accordingly and in case not done,
it shall be as follows:-
(a) In case the concerned government body or public institution does not submit such document or material or does not provide information within the time prescribed, the investigating authority may send a letter to the concerned
government body or a public institution to take departmental action against the chief officer of the concerned government body or a public institution and in case such a letter is received, the concerned government body or a public institution shall take actions immediately.
(b) In case the concerned public servant or any other person does not submit the document or material or does not provide information or does not appear within the prescribed period, the investigating authority may impose a fine not exceeding one thousand rupees on such person.
(c) In case any government body, public institution, public servant or any other person does not do as required to do in writing by the investigating authority even after the departmental action or imposition of a fine pursuant to Clauses
(a) or (b), the investigating authority may issue arrest warrant to get the chief officer of such body or institute or
such public servant or other person appeared and get such document or material produced or acquired necessary
information from him/her. In case the chief officer of a body or institution, public servant or any other person so arrested does not submit such document or material or does not give information relating thereto, the investigating authority may order for keeping him/her in custody for a period of up to
seven days.
(3) After the investigating authority’s order for departmental
action or payment of the fine pursuant to Sub-section (2), in case the chief
officer of the concerned body or the concerned public servant or any other
person submits an application along with reasonable causes for being
unable to do as required, and if the causes are satisfactory, such order or
order of fine may be cancelled.
(4) The investigating authority may conduct or cause to
conduct a search at any place and seize any necessary materials or
document or Photostat copy thereof while conducting the search. A
receipt of the material or document so seized shall be given to the
concerned person.