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Section 116

Power to examine person acquainted with case

of Minerals Ordinance, 2004

State OrdinanceIn forceProvision 116 of 166
Section 116

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(1)

An authorized officer making an investigation under this Ordinance may examine orally any person supposed to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined.

(2)

Such person shall be legally bound to answer all question relating to the case put to him by the authorized officer:

Provided that such person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.

(3)

A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to questions.

(4)

The authorized officer examining a person under subsection (1) shall first inform the person of the provisions of subsections (2) and (3).

(5)

A statement made by any person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb print, as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any correction he may wish, and where the person examined refuses to sign or affix his thumb print on the statement, the authorized officer shall endorse thereon under his hand the fact of such refusal and the reason therefor, if any, stated by the person examined.