NO. 28 OF 2012 (c) National Intelligence Service [Rev. 2012] to make its recommendation thereon to the President or the Cabinet Secretary. (2) Subject to the provisions of subsection (4) and for the purpose of investigating any complaint under this Act, the Board shall have the powers of the High Court— (a) to summon any witness; (b) to administer oaths or affirmations; and (c) to order the production of any records or documents relevant to the investigation. (3) No person shall be compellable under any such summons to produce any document which he or she could not be compelled to produce at the trial of a suit. (4) In the discharge of its functions under this Act, the Board shall have regard to the requirements of national security and for that purpose shall— (a) subject to subsection (1)(b), consult the Director-General and the Council; and (b) take all the necessary precautions to prevent the disclosure of— (i) any information which in its opinion may not be disclosed in the course of, or in relation to any inquiry; and (ii) the source of such information. (5) The Board may hear separately and in private, such evidence as may be tendered by a complainant and the Director-General or any other member of the Service in relation to a complaint. (6) If during the inquiry, the Board receives evidence of a breach of duty or misconduct against any member of the Service, it shall notify the Cabinet Secretary and the Council or the Director-General, as the case may be, and subject to the provisions of this Act, recommend appropriate disciplinary action against such member. (7) At the end of the inquiry, the Board shall inform the complainant, in writing, of its findings and shall make a report of its findings and recommendations to the Cabinet secretary and the Council. (8) The Cabinet Secretary shall make regulations, prescribing the manner in which the Board shall discharge its functions under this Part including the procedure for proceedings of the Board, but subject thereto, the Board shall regulate its own procedure. 68. Proceedings findings, etc. (1) Proceedings shall not lie against any member of the Board in respect of anything done in good faith in the performance of the functions of the Board or the exercise of the powers of the Board under this Act. (2) A member of the Board shall not be called upon to give evidence in any court or in any proceedings of a judicial nature, in respect of anything in his or her knowledge by virtue of the powers or the functions of the Board under this Act. [Issue 1] 34

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