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Report No. 258

J. Clause 9

Analysis and comment:

5.10.1 The Commission has recommended that the definition of the term "contracting State" be deleted from clause 2(1)(c) (see clause 2). For the purpose of this provision, therefore, the term "contracting State" should be replaced with "concerned State", which will be interpreted appropriately as required by the circumstances. The provision will also be renumbered, in accordance with the revised draft.

5.10.2 Suggested draft:

11. Assistance to a concerned State in certain cases.

Where a letter of request is received by the Central Government from a court or an authority in a concerned State requesting for investigation into an offence or proceedings under this Act and forwarding to such court or authority any evidence connected therewith, the Central Government may forward such letter of request to the Special Judge or to any authority under the Act, as it thinks fit, for execution of such request in accordance with the provisions of this Act or, as the case may be, any other law for the time being in force.

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