Section 42:
Power of Commissioner and other authorities to take evidence on oath, etc.
(1) The
Commissioner or any person appointed under sub-section (2) of section 9 to assist him shall, for the
purposes of this Act, have the same powers as are vested in a court under the Code of Civil
Procedure, 1908 (5 of 1908), when trying a suit, in respect of the following matters, namely:--
(a) enforcing the attendance of any person and examining him on oath or affirmation;
(b) compelling the production of accounts and documents; and
(c) issuing commissions for the examination of witnesses,
and any proceeding under this Act before the Commissioner or any person appointed
under sub-section (2) of section 9 to assist him shall be deemed to be a judicial proceeding within
the meaning of sections 193 and 228 and for the purposes of section 196 of the Indian
Penal Code (45 of 1860).
(2) Subject to any rule made in this behalf, any authority referred to in sub-section (1) may impound
and retain in its custody for such period as it thinks fit, any books of accounts or other documents
produced before it in any proceedings under this Act:
Provided that a person appointed under sub-section (2) of section 9 to assist the Commissioner shall
not--
(a) impound any books of accounts or other documents without recording his reasons for so
doing; or
(b) retain in his custody any such books or documents for a period exceeding thirty days,
without obtaining the approval of the Commissioner therefor.