Difference between revisions of "Himachal Pradesh Departmental Enquiries (Powers) Act, 1973"

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Latest revision as of 14:51, 14 August 2019

Himachal Pradesh Departmental Enquiries (Powers) Act, 1973
Total Sections4
Enactment Date12th December, 1973
Act Year1973
Enforcement Date27th December, 1973
State Act or Centralstate
Contributor NameMedha Shukla
ASSN 42313


An Act to provide for the enforcement of attendance of witnesses and production of documents in departmental inquiries and for matters connected therewith, or incidental thereto.

BE it enacted by the Legislative Assembly of Himachal Pradesh in the Twenty-fourth Year of the Republic of India as follows:-

1. Short title, extent and commencement.- (1) This Act may be called the Himachal Pradesh Departmental Enquiries (Powers) Act, 1973.

(2) It shall extend to the whole of Himachal Pradesh.

(3) It shall come into force at once.

2. Definition.- For the purposes of this Act, "departmental inquiry" means an inquiry held under and in accordance with-

(i) any law 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.

3. Summoning of witnesses and production of documents.- For the purposes of a departmental inquiry in Himachal Pradesh, the officer conducting such an enquiry shall be competent to exercise the same powers for the summoning of witnesses and for compelling the production of documents as are exercisable by a Commissioner appointed for an enquiry under the Public Servants (Inquiries) Act, 1850 (37 of 1850), and all persons disobeying any

1. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (Extraordinary), dated the 18th October, 1973, p. 1573. THE HIMACHAL PRADESH DEPARTMENTAL ENQUIRIES (POWERS) ACT, 1973 2

- 2 - process issued by such officer in this behalf shall be liable to the same penalties as if the same had issued from a Court.

4. Repeal and savings.- The Punjab Departmental Enquiries (Powers) Act, 1955, as in force in the areas added to Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966 (31 of 1966), is hereby repealed : Provided that anything done or any action taken under the said Act shall be deemed to have been done or taken under this Act.