The KARNATAKA DEPARTMENTAL INQUIRIES (ENFORCEMENT OF ATTENDANCE OF WITNESSES, PRODUCTION OF DOCUMENTS AND MISCELLANEOUS PROVISIONS) ACT, 1981

THE KARNATAKA DEPARTMENTAL INQUIRIES (ENFORCEMENT OF ATTENDANCE OF 
WITNESSES, PRODUCTION OF DOCUMENTS AND MISCELLANEOUS PROVISIONS) ACT, 
1981. 
ARRANGEMENT OF SECTIONS 
Sections: 
 1. Short  title and commencement. 
 2. Departmental inquiries to which the Act shall apply. 
 3. Definitions. 
 4. Power of State Government to authoris e the exercise of powers specified in  
  section 5. 
 5. Power of authorised inquiring authority to  enforce attendance of witnesses  and   
production of documents.  
 6.  Territorial limits in which powers  specified in section 5 may be exercised. 
 6A. Issue of search warrant etc. 
 7. Power to make rules. 
 8. Repeal and savings. 
***** 
STATEMENT OF OBJECTS AND REASONS 
I 
 Act  29 of 1981.- The State Vigilance Commission, and other inquiring authorities conducting 
departmental inquires have no powers to compel  the attendance of witness and production of 
documents for the purpose of such inquiries. It is considered necessary to provide for the 
enforcement of attendance of witnesses and pr oduction of documents in certain departmental 
inquires conducted by the State Vigilance Commission and other authorities and for matters 
connected therewith or incidental thereto. 
 In view of the urgency, an Ordinance was prom ulgated. This Bill seeks to replace the said 
Ordinance. 
 (Obtained from L.A. Bill No. 27 of 1981) 
II 
 Amending Act 43 of 1981.- The  Karnataka Departmental E nquires (Enforcement of 
Attendance of witnesses and production of Docu ments) Act, 1981 was enacted to provide for 
enforcement of attendance of witness and pr oduction of documents etc., in departmental 
enquiries. The Act however, did not provide for i ssue of warrant to search premises and seize 
documents, properties, etc., In order to enable the Karnataka State Vigilance Commission to 
function effectively, it is considered necessary to empower the Commissioner to issue warrants to 
search premises and seize documents properties, articles etc., under certain situations in 
departmental inquiry cases. 
 2. It is accordingly proposed to introduce nec essary provisions in this behalf by amending 
the Act referred to above, In the proposed amendm ent it is intended to confer power on the 
Vigilance Commissioner to authorise by a search warrant any officer of the Commission not 
below the rank of Inspector of Investigation (General) and Inspector of police to search premises, 
seize documents, properties etc., The additional power proposed to be conferred on the Vigilance 
Commissioner would strengthen his hand in    effectively pursuing the departmental inquiry cases 
and bring about the needed results. 
 Hence the Bill. 
 (Obtained from L.A. Bill No. 53 of 1981) 
III 
 Amending Act 28 of 1986.- After the coming into force the Karnataka Lokayukta Act, 1984 
(Karnataka Act 4 of 1985) with effect from 6t h January, 1986, the former Vigilance Commission 
has ceased to exist. It has, ther efore, become necessary to confer the powers which were 
available to the Vigilance Commissioner and O fficers of the Vigilance Commission under the 
Karnataka Departmental Enquires (Enforcement  of Attendance of Witnesses and Production of 
Documents and Miscellaneous Provisions) Ac t, 1981 on the Lokayukta, Upalokayukta and 
officers on the Staff of the Lokayukta. 
 Accordingly, the Karnataka Departmental Enqui res Enforcement of Attendance of Witnesses, 
Production of Documents and Miscellaneous Provisions (Amendment) Ordinance, 1986 
(Karnataka Ordinance No. 3 of 1986) was promulgated. 
 This Bill seeks to replace the said ordinance. 
 (Obtained from L.A. Bill No. 38 of 1986.) 
***** 
KARNATAKA ACT NO. 29 of 1981. 
(First published in the Karnataka Gazette Extraordinary on the Fifteenth day 
of April, 1981) 
THE KARNATAKA DEPARTMENTAL INQUIRIES (ENFORCEMENT OF 
ATTENDANCE OF WITNESSES, PRODUCTION OF DOCUMENTS AND 
MISCELLANEOUS PROVISIONS) ACT, 1981 
(Received the assent of the Governor on  the Tenth day of April, 1981) 
(As amended by  Acts 43 of 1981 and 28 of 1986) 
 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. 
 W HEREAS it is expedient 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 in the State of Karnataka; 
 B E it enacted by the Karnataka State Legislature in the Thirty-second Year of the 
Republic of India as follows:- 
 1. Short title and commencement.- (1) This Act may be called the Karnataka 
Departmental Inquiries (Enforcement of Attendance of Witnesses 
1[Production of Documents and Miscellaneous Provisions]1) Act, 1981. 
 1. Substituted by Act 43 of 1981 w.e.f. 05.05.1981 
 (2) It shall be deemed to have come into force on the First day of March, 1981. 
 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 
State of Karnataka; 
 (b) persons who, having been appointed to any public service or post in connection 
with the affairs of the State of Karnataka, are in the service or pay of,- 
  (i) any local authority in the State of Karnataka; 
  (ii) any corporation established by or under a Central Act and owned or 
controlled by the Central Government; 
  (iii) any corporation established by or under a Central Act or Karnataka  Act and 
owned or controlled by the Government of Karnataka;  
  (iv) any Government company within the meaning of section 617 of the 
Companies Act, 1956 (Central Act 1 of 1956) in which not less than fifty-one percent of 
the paid up share capital is held by the State Government or any company which is a 
subsidiary of such Government company; 
  (v) any society registered under the Karnataka Societies Registration Act, 1960 
(Karnataka Act 17 of 1960) which is subject to the control of the State Government. 
  (vi) any society registered under the Karnataka Co-operative Societies Act, 1959 
(Karnataka  Act 11 of 1959). 
 3. Definitions.-  In this Act unless the context otherwise requires,- 
 (a) "departmental inquiry" means an inquiry held under and in accordance with,- 
  (i) any law made by the Karnataka State Legislature 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 misconduct against any person to whom this Act applies; 
 (b) "inquiring authority" means an officer or authority appointed by the State 
Government or by the High Court of Karnataka or by the Chief Justice of Karnataka or 
by the 1[Lokayukta or an Upalokayukta] 1 or by any officer or authority subordinate to the 
State 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; 
 1[(c) 'Lokayukta' and 'Upalokayukta' m eans the Lokayukta and Upalokayukta 
appointed under the Karnataka Lokayukta Act, 1984 (Karnataka Act 4 of 1985)]1 
 2[(d) xxx] 2 
 1. Substituted by Act 28 of 1986 w.e.f. 06.06.1986 
 2. Omitted by Act 28 of 1986 w.e.f. 06.06.1986 
 4. Power of State Government to authorise the exercise of powers specified in 
section 5.- (1) Where the State Government is of opinion that for the purposes of any 
departmental inquiry it is necessary to su mmon as witness any person belonging to, or 
call for any document from, any class or cat egory of persons, it may, by order authorise 
the enquiring authority to exercise the powers 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: 
 1[Provided that where an  officer on the staff of the Lokayukta is the inquiring 
authority, he may exercise the powers specified in section 5, without any such 
authorisation.]1 
 1. Inserted by Act 28 of 1986 w.e.f. 06.06.1986 
 (2) The power conferred on the State Government by sub-section (1) may also be 
exercised by,- 
      1[(a) xxx] 1 
 1. Omitted by Act 28 of 1986 w.e.f. 06.06.1986 
  (b) the High Court of Karnataka, if the person against whom the departmental 
inquiry is being held is subject to the control of the High Court of Karnataka under Article 
235 of the Constitution; 
  (c) the Chief Justice of Karnataka if the person against whom the departmental 
inquiry is being held is an officer or servant of the High Court of Karnataka; 
  (d) 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 State 
Government may, by notification in the official Gazette, specify in this behalf. 
 5. Power of authorised inquiring authority  to enforce attendance of witnesses 
and production of documents.- (1) Every inquiring authority authorised under section 
4 (hereinafter referred to as the "authorised inquiring authority") shall have the same 
powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central 
Act 5 of 1908) while trying a suit in  respect of the following matters, namely:- 
  (a) the summoning and enforcing the attendance of any witness from any part of 
the State and examining him on oath; 
  (b) requiring the discovery and production of any document or other material 
which is producible as evidence; 
  (c) the requisitioning of any public record form any court or office. 
 (2) Notwithstanding anything contained in sub-section (1), the authorised inquiring 
authority shall not compel the Reserve Bank of India, the State Bank of India, any 
subsidiary bank as defined in clause (k) of section 2 of the State Bank of India 
(Subsidiary Banks) Act, 1959 (Central Act 38 of 1959) or any corresponding new bank 
constituted under section 3 of the Banking Companies (Acquisition and Transfer of 
Undertakings) Act 1970 (Central Act 5 of 1970) or any corresponding new bank 
constituted under section 3 of the Banking Companies (Acquisition and Transfer of 
Undertakings) Act, 1980 (Central Act 40 of 1980),- 
  (a) to produce any book of account or other documents which the Reserve Bank 
of India, the State Bank of India, the subsidiary bank or  the corresponding new bank 
claims to be of a confidential nature , or 
  (b) to make any such book or document a part of the record of the proceedings 
of the departmental inquiry , or 
  (c) to give inspection of any such book or document, if produced, to any party 
before it or to any other person. 
 (3) Every process issued by an authorised inquiring authority for the attendance of 
any witness  or for the production of any document shall be served and executed 
through the District Judge within the local limits of whose jurisdiction the witness or other 
person, on whom the process is to be served or  executed, voluntarily resides or carries 
on business or personally works for gain, and, for the purposes of taking any action for 
the disobedience of any such process, every such process shall be deemed to be a 
process, issued by the District Judge: 
 1[Provided that where an officer on the staff of the Lokayukta is  the inquiring 
authority, the power conferred by this sub-section may be exercised by such inquiring 
authority and for the purpose of taking action for the disobedience of any such process, 
every such process, shall be deemed to be a process issued by a District Judge.]
1 
 1. Substituted by Act 28 of 1986 w.e.f. 06.06.1986 
 (4) Every authorised inquiring authority making any departmental inquiry under this 
Act, shall be deemed to be a civil court for the purpose of sections 345 and 346 of the 
Code of Criminal Procedure, 1973(Central Act 2 of 1974). 
 6. Territorial limits in which powers specified in section 5 may be exercised.-  
For the purpose of exercising the powers specified in section 5, the territorial jurisdiction 
of every authorised inquiring authority shall extend to the limits of the territory to which 
this Act extends. 
  1[6A. Issue of search warrant etc.- (1) Where, in consequence of information in his 
possession, the 2[Lokayukta or Upalokayukta]2,- 
 (A) has reason to believe that any person,- 
  (a) to whom a summons or notice under this  Act has been or might be        
issued, will not or would not , produce or cause to be produced any property, 
document or thing which will be necessary or useful for, or relevant to any 
inquiry or other proceeding to be conducted 2[by an inquiring authority 
appointed by him;]2 
  (b) is in possession of any money, bullion, jewellery or other valuable article or 
thing and such money, bullion, jewellery or other valuable article or thing 
represents either wholly or partly income or property which has not been 
disclosed to the authorities for the purpose of any law or rules in force which 
requires such disclosure to be made; or 
 1. Inserted by Act 43 of 1981 w.e.f. 05.05.1981 
 2. Substituted by Act 28 of 1986 w.e.f. 06.06.1986 
 (B) considers that the purposes of any inquiry or other proceeding to be conducted 
1[by an inquiring authority]1 will be served by a general search or inspection, 
he may by a search warrant authorise 2[any police officer] 2 not below the rank of an 
1[Inspector of Police to conduct a search or to carry out an inspection in accordance 
therewith and in particular to]1,- 
 1. Substituted by Act 28 of 1986 w.e.f. 06.06.1986 
  (i) enter and search any building or place where he has reason to suspect that 
such property, documents, money, bullion, jewellry or other valuable article or thing is 
kept: 
  (ii) break open the lock of any door, box, locker, safe, almirah or other 
receptacle for exercising the powers conferred by sub-clause (i), where the keys thereof 
are not available: 
    1[(iia) search any person who is reasonably suspected of concealing about his 
person any article for which search should be made;]1 
 1. Inserted by Act 28 of 1986 w.e.f. 06.06.1986 
  (iii) seize any such property, document s, money, bullion, jewellery or other 
valuable article or thing found as a result of such search; 
  (iv) place marks of identification on any property or documents or make or cause 
to be made extracts  or copies therefrom; or 
  (v) make a note or an inventory of  any such property, documents, money, 
bullion, jewellery or other valuable article or thing . 
 (2) The provisions of the Code of Criminal Procedure, 1973 relating  to search and 
seizure shall apply, so far as may be, to searches and seizures under sub-section (1). 
 (3) A warrant issued under sub-section (1) shall, for all purposes, be deemed to be a 
warrant issued by a court under section 93 of the Code of Criminal Procedure, 1973.]
1 
 7. Power to make rules.- (1) The State Government may, by notification in the 
official Gazette, make rules for the purposes of giving effect to the provisions of this Act. 
 (2) Every rule made by the State Government under this section shall be laid, as 
soon as may be after it is made, before each Houses of the State legislature while it is in 
session for a total period of thirty days which may be comprised in one session or in two 
or more successive sessions, and if, before the expiry of the session immediately 
following the session or the successive sessions aforesaid, both Houses agree in 
making any modification in the rule or both Houses agree that the rule should not be 
made, the rule shall from the date on which the modification or annulment is notified by 
the State Government in the official Gazette have effect only in such modified form or be 
of no effect, as the case may be : so, however , that the modification or annulment shall 
be without prejudice to the validity of anything previously done under that rule. 
 8. Repeal and savings.- (1) The Karnataka Departmental Inquiries (Enforcement of 
Attendance of Witnesses and Production of Documents) Ordinance, 1981 (Karnataka 
Ordinance 4 of 1981) is hereby repealed.  
 (2) Notwithstanding such repeal, anything done or any  action taken under the said 
Ordinance shall be deemed to have been done or taken under this Act.  
***** 

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