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The Ombudsman Act, 1980

( ACT NO. XV Of 1980 )

Evidence
 
 
 
 
8. (1) Subject to the provisions of this section, for the purposes of an investigation under this Act, the Ombudsman may require any public officer or any other person who, in his opinion, is able to furnish information or produce documents relevant to the investigation to furnish any such information or produce any such document.
 
 
 
 
(2) For the purposes of any such investigation the Ombudsman shall have all the powers of a civil Court, while trying a suit under the Code of Civil Procedure, 1908 (V 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) requiring evidence on affidavit;
 
 
 
 
(d) requisitioning any public record or a copy thereof from any Court or office;
 
 
 
 
(e) issuing commissions for the examination of witnesses or documents;
 
 
 
 
(f) such other matters as may be prescribed.
 
 
 
 
(3) Any proceeding before the Ombudsman shall be deemed to be a judicial proceeding within the meaning of section 193 of the Penal Code (XLV of 1860).
 
 
 
 
(4) Subject to the provisions of sub-section (5), no obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to Government or persons in Government service, imposed by any law, shall apply to the disclosure of information for the purposes of any investigation under this Act.
 
 
 
 
(5) No person shall be required or authorised by virtue of this Act to furnish any such information or answer any such question or produce so much of any document-
 
 
 
 
(a) as might prejudice the security or defence or international relations of Bangladesh, or the investigation or detection of crime; or
 
 
 
 
(b) as might involve the disclosure of proceedings of the Council of Ministers or any committee thereof;
 
 
 
 
and for the purposes of this sub-section a certificate issued by a Secretary to the Government certifying that any information, answer or portion of a document is of the nature specified in clause (a) or clause (b) shall be conclusive and binding.
 
 
 
 
(6) Without prejudice to the provisions of sub-section (4), no person shall be compelled for the purposes of an investigation under this Act to give any evidence or produce any document which he could not be compelled to give or produce in any proceedings before a Court.

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