The Telangana Civil Services (Disciplinary Proceedings Tribunal) Act, 1960.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA CIVIL SERVICES (DISCIPLINARY
PROCEEDINGS TRIBUNAL) ACT, 1960.
(ACT NO. II OF 1960.)
ARRANGEMENT OF SECTIONS
Sections
1. Short title and commencement.
2. Definitions.
3. Constitution and composition of Tribunal.
4. Cases to be referred to Tribunal.
4A. Government’s power to withdraw cases.
5. Power of the Tribunal to summon and examine
witnesses to direct production of documents and
to appoint an assessor.
6. Procedure of Tribunal.
7. Tribunal to report to Government.
8. Orders of the Government.
9. Protection of action taken under this Act.
10. Power to make rules.
11. Repeals and savings.
THE TELANGANA CIVIL SERVICES (DISCIPLINARY
PROCEEDINGS TRIBUNAL) ACT, 1960.1
ACT No. II OF 1960.
1. (1) This Act may be called the 2Telangana Civil Services
(Disciplinary Proceedings Tribunal) Act, 1960.
(2) It shall come in to force on such 3date as the State
Government may, by notification in the 2Telangana Gazette,
appoint.
2. In this Act, unless the context otherwise requires,–
(a) ‘Government’ means the State Government;
4[(b) ‘Government Servant ’ means a person appointed
to public services or to a post in connection with the affair s
of the state of 2Telangana;]
(c) ‘prescribed’ means prescribed by rules made under
this Act;
(d) ‘Tribunal’ means the Tribunal constituted under
section 3.
1. The Andhra Pradesh Civil Services (Disciplinary P roceedings
Tribunal) Act, 1960 in force in the combined State, as on 02.06.2014,
has been adapted to the State of Telangana, under section 101 of the
Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide.
the Telangana Adaptation of Laws Order, 2016 issued in G.O.Ms.No.45,
Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
3. Came into force on 01.07.1961.
4. Substituted by Act No.6 of 1993.
Short title and
commencement.
Definitions.
2 [Act No. II of 1960]
3. (1) The Government shall constitute a Tribunal for
disciplinary proceedings consisting of one or more
members.
(2) The Government may, at any time, by order, appo int
one or more additional members to the Tri bunal for such
period as they may think fit or reduce the number of
members of the Tribunal.
(3) Every member of the Tribuna l shall be a Judicial
Officer of the status of a District Judge and his appointment
shall be made by the Government 5[out of a panel of names
forwarded by the High Court].
(4) If the Tribunal consists of more than one member,
one of the members shall be designated by the Government
as the Chairman of the Tribunal.
4. 6[The Government may refer to the Tribunal] for inquiry
and report, such cases as may be prescribed, of allegations
of misconduct on the part of Government servants.
7[4A. The Government may in appropriate cases and for
reasons to be recorded in writing, withdraw any case
referred to the Tribunal at any time before the Tribunal
concludes its inquiry.]
5. (1) The Tribunal shall, for the purpose of conducting an
inquiry under this Act, have the powers of a civil court while
trying a suit, under the Code of Civil Procedure , 1908
(Central Act 5 of 1908), in respect of the following matters,
namely:-
5. Added by Act No.6 of 1993.
6. Substituted by Act No.6 of 1993.
7. Inserted with marginal heading by Act No.6 of 1993.
* Substituted by Act No.10 of 1968.
Constitution and
composition of
Tribunal.
Cases to be
referred to
Tribunal.
*[Power of the
Tribunal to
summon and
examine
witnesses to
direct production
of documents and
to appoint an
assessor.]
Government’s
power to withdraw
cases.
[Act No.II of 1960] 3
(i) summoning an d enforcing the attend ance of any
person;
(ii) requiring the discovery and production of any
document; and
(iii) issuing commissions for the examination of
witnesses or documents.
(2) The Tribunal may examine on oath any person
supposed to be acquainted with the matter under inquiry or
any fact relevant thereto, and may record his evidence.
(3) Every person who is examined under sub-section (1)
shall be bound to answer truly all questions relating to the
matter put to him by the Tribunal.
(4) Any person who wilfully or without r easonable
excuse disobeys any su mmons or order issued under the
foregoing sub -sections shall be liable to t he penalties laid
down for the disobedience of the summons or order issued
by a civil court.
8[(5) The Tribunal may, if it so thinks fit, appoint any
person as assessor to assist it in conducting an enquiry into
any case or cases referred to it.]
6. (1) If the Tribunal consists of more than one member, an
inquiry into a case ref erred to the TribunaI under sec tion 4
shall be held by all the members sitting together or by a
single member, as the Chairman may direct, and where all
the members sit together the evidence shall be recorded by
such member or members as the Chairman may direct.
8. Inserted by Act No.10 of 1968.
Procedure of
Tribunal.
4 [Act No. II of 1960]
(2) Unless the Chairman otherwise directs all
proceedings at, any such inquiry shall be held in camera.
(3) The procedure to be followed by the Tribunal at any
such inquiry shall, subject to the provisions of sub -sections
(1) and (2), be such as may be prescribed.
7. On the conclusion of an inquiry, the Tribunal shall report
its findings to the Government 9[xxx].
10[Provided that where a single member of the Tribunal
holds an inquiry into a case as provided in sub-section (1) of
section 6, he alone shall report his findings 9[xxx] and his
report to the Government in this regard shall be deemed to
be the report of the Tribunal for the purposes of this Act:]
11[Provided further that where such single member does
not examine any witness and record evidence but only
hears arguments in such an inquiry and reports his findings,
the hearing of arguments alone by him shall be deemed to
be an inquiry under sub-section (1) of section 6.]
8. The Government shall consider the report of the
Tribunal in the prescribed manner and pass such orders
thereon as they think fit.
9. No suit, prosecution or other legal proceeding shall lie
against any person for anything which is in good faith done
or intended to be done in pursuance of this Act or o f any
rules made thereunder.
9. Omitted by Act No.6 of 1993.
10. Added by Act No.27 of 1965.
11. Added by Act No.4 of 1976.
Tribunal to report
to Government.
Orders of the
Government.
Protection of
action taken
under this Act.
[Act No.II of 1960] 5
10. (1) The Government may, by notification in the
12Telangana Gazette, make rules for the purpose of giving
effect to the provisions of this Act.
13[(2) Any rule made under this Act may be made with
retrospective effect from any date not earlier than the date of
commencement of this Act and when such a rule is made,
the reasons for so making the rule shall be specified in a
statement to be laid before the Legislature of the state.
(3) Every rule made under this Act, shall immediately
after it is made, be laid before the Legislature of the State, if
it is in session, and if it is not in session, in th e session
immediately following, for a total period of fourteen days
which may be co mprised in one session or in two
successive sessions, and if before the expiration of the
session in which it is so laid or the session immediately
following the Legislature agrees in making any modification
in the rule or in the annulment of the rule, the rule shall, from
the date on which the modification or annulment is notified,
have effect only in such modified form or shall stand
annuled as the case may be, so however that any such
modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.]
11. (1) The Hyderabad Public Servants (Tribunal of Inquiry)
Act, 1950 (Hyderabad Act XXIII of 1950), the Andhra Civil
Services (Disciplinary Proceedings Tribunal) Rules, 1953,
and the Andhra Tribunal for Disciplinary Pro ceedings
(Summoning and Examinat ion of Witnesses and
Documents) Act, 1956 (Andhra Act XXVII I of 1956), are
hereby repealed:
12. Substituted by G.O.Ms.No.45, Law (F ) Department, dated
01.06.2016.
13. Substituted by Act No.6 of 1993.
Power to make
rules.
Repeals and
savings.
6 [Act No. II of 1960]
Provided that such repeal shall not affect the previous
operation of the repealed laws.
(2) From the date on which this Act comes into force,
the Tribunal constituted under the repealed laws shall be
deemed to have been abolished a nd all cases pending
before the said Tribunal on the said date shall be deemed to
have been referred to the Tribunal and shall be disposed of
by it under the provisions of the repealed laws as if it was a
Tribunal constituted under those laws an d such cases were
referred to it:
14[Provided that where a single member of the Tribunal
holds an inquiry into a case as provided in any of the
repealed laws, he alone shall report his findings and
recommend the penalties and his report to the Government
in this regard shall be deemed to be the report of the
Tribunal for the purposes of that repealed law.]
* * *
14. Added by Act No.27 of 1965.
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