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Report No. 175

7-U. Authorities and officers to have certain powers of civil court.

(1) The Immigration Tribunal, the Chief Immigration Officer and the Immigration Officer shall, for the purpose of discharging their functions under this Act, have the same powers as are vested in a court under the Code of Civil Procedure, 1908 while trying a suit, in respect of the following matters, namely:-

(a) summoning and enforcing the attendance of witnesses;

(b) requiring the discovery and production of any document;

(c) requisitioning any public record or copy thereof from any court or office;

(d) receiving evidence on affidavits; and

(e) issuing commissions for the examination of witnesses or documents.

(2) Every proceeding before the Immigration Tribunal ,the Chief Immigration Officer or an Immigration Officer shall be a judicial proceeding within the meaning of sections 193 and 228 o the Indian Penal Code and the Immigration Tribunal, the Chief Immigration Officer and every Immigration Officer shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973."

The Foreigners (Amendment) Bill, 2000 Back

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