The Himachal Pradesh Departmental Enquiries (Powers) Act, 1973
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE 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.
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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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