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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