Departmental Inquiries (Enforcement of Attendance of Witnesses and Production of Documents) Act, 1972
No: 18 Dated: May, 31 1972
THE DEPARTMENTAL INQUIRIES (ENFORCEMENT OF ATTENDANCE OF WITNESSES AND PRODUCTION OF DOCUMENTS) ACT, 1972
ACT NO. 18 OF 1972
An Act to provide for the enforcement of attendance of witnesses and production of documents in certain departmental inquiries and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Twenty-third Year of the Republic of India as follows:—
1. Short title and extent.—(1) This Act may be called the Departmental Inquiries (Enforcement of Attendance of Witnesses and Production of Documents) Act, 1972.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
2. Departmental inquiries to which the Act shall apply.—The provisions of this Act shall apply to every departmental inquiry made in relation to—
(a) persons appointed to public services or posts in connection with the affairs of the Union;
(b) persons who, having been appointed to any public service or post in connection with the affairs of the Union, are in service or pay of,—
(i) any local authority in any Union territory,
(ii) any corporation established by or under a Central Act and owned or controlled by the Central Government,
(iii) any Government company within the meaning of section 617 of the Companies Act, 1956 (1 of 1956), in which not less than fifty-one per cent. of the paid-up share capital is held by the Central Government or any company which is a subsidiary of such Government company,
(iv) any society registered under the Societies Registration Act, 1860 (21 of 1860), which is subject to the control of the Central Government.
3. Definitions.—For the purposes of this Act,—
(a) “departmental inquiry” means an inquiry held under and in accordance with—
(i) any law made by Parliament or any rule made thereunder, or
(ii) any rule made under the proviso to article 309, or continued under article 313, of the Constitution of India, into any allegation of lack of integrity against any person to whom this Act applies;
(b) “inquiring authority” means an officer or authority appointed by the Central Government or by any officer or authority subordinate to that Government to hold a departmental inquiry and includes any officer or authority who is empowered by or under any law or rule for the time being in force to hold such inquiry;
(c) “lack of integrity” includes bribery or corruption
4. Power of Central Government to authorise the exercise of powers specified in section 5.—(1) Where the Central Government is of opinion that for the purposes of any departmental inquiry it is necessary to summon as witnesses, or call for any document from, any class or category of persons, it may, by notification in the Official Gazette, authorise the inquiring authority to exercise the power specified in section 5 in relation to any person within such class or category and thereupon the inquiring authority may exercise such power at any stage of the departmental inquiry.
(2) The power conferred on the Central Government by sub-section (1) may also be exercised by such authority, not being an authority inferior to the appointing authority in relation to the person against whom the departmental inquiry is being held, as the Central Government may, by notification in the Official Gazette, specify in this behalf.