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The Himachal Pradesh Departmental Enquiries (Powers) Act, 1973

Himachal Pradesh · state statute
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THE HIMACHAL PRADESH DEPARTMENTAL ENQUIRIES 
(POWERS) ACT, 1973 
ARRANGEMENT OF SECTIONS 
Sections : 
1.  Short title, extent and commencement. 
2.  Definition. 
3.  Summoning of witnesses and production of documents. 
4.  Repeal and savings. 
__________ 
THE HIMACHAL PRADESH DEPARTMENTAL ENQUIRIES 
(POWERS) ACT, 1973 
(ACT NO. 25 OF 1973) 1 
(Received the assent of  the Governor on the 12 th  December, 1973 and 
was published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated the 27 th  
December, 1973, pp. 1865-1867). 
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. 
B
E 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 30 9, or continued 
under Article 313, of the Constitution of India. 
3. Summoning of witnesses and production of documen ts.- 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 enqu iry under the Public 
Servants (Inquiries) Act, 1850 (37 of 1850), and al l persons disobeying any 
                                                 
1. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-
ordinary), dated the 18 th  October, 1973, p. 1573.  
THE HIMACHAL PRADESH DEPARTMENTAL ENQUIRIES (POWERS) ACT, 1973 
 
 
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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. 
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