LexThe Telangana Departmental Inquiries (Enforcement of Attendance of Witnesses and Production of Documents) Act, 1993.
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THE TELANGANA DEPARTMENTAL INQUIRIES (ENFORCEMENT
OF ATTENDANCE OF WITNESS AND PRODUCTION OF
DOCUMENTS) ACT, 1993.
(ACT NO. 7 OF 1993)
ARRANGEMENT OF SECTIONS
Sections
1. Short title and extent.
2. Departmental inquiries to which the Act shall apply.
3. Definitions.
4. Authorisation of Inquiring authority to exercise the
powers specified in section 5.
5. Power to authorise inquiring authority to enforce
attendance of witnesses and production of documents.
6. Territorial limits in which powers specified in section 5
may be exercised.
7. Power to make Rules.
THE TELANGANA DEPARTMENTAL INQUIRIES
(ENFORCEMENT OF ATTENDANCE OF WITNESS AND
PRODUCTION OF DOCUMENTS) ACT, 1993.1
ACT No.7 OF 1993.
1. (1) This Act may be called the 2Telangana
Departmental Inquiries (Enforcement of Attendance of
Witnesses and Production of Documents) Act, 1993.
(2) It extends to the whole of the State of 2Telangana.
2. The provisions of this Act, shall apply to every
Departmental inquiry made in relation to,-
(a) officers and servants of High Court and Court s
subordinate to the High Court in the State;
(b) persons appointed to the judicial service of the
State;
(c) persons appointed to public services or posts in
connection with the affairs of the State;
(d) persons, who having been appointed to any public
service or post in connection with the affairs of the State are
on deputation to,-
(i) any local authority in the State;
1. The Andhra Pradesh Departmental Inquiries (Enforcement of
Attendance of Witnesses and Production of Documents) Act, 1993
received the assent of the Governor on the 1 st February, 1993. The said
Act 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 Orde r, 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.
Short title and
extent.
Departmental
inquiries to which
the Act shall
apply.
2 [Act No.7 of 1993]
(ii) any corporation (other than a local authority)
established by or under any law for the time being in force
and owned or controlled by the State Government;
(iii) any Government Company, within the meaning of
section 617 of the 3Companies Act, 1956 in which not less
than fifty one per cent of the paid -up share capital is held by
the State Government or any company which is a subsidiary
to such Government Company;
(iv) any society registered under the 4Societies
Registration Act, 1860 or 4the Telangana Public Societies
Registration Act, 1350F in its application to the State of
5Telangana which is subject to the control of the State,
Government.
3. In this Act, unless the context otherwise requires-
(a) “Competent Authority ” means the authority
competent to appoint the Inquiring Authority;
(b) “Departmental Inquiry” means an inquiry under and
in accordance with–
(i) any law made by the State Legislature or any rule
made thereunder; or
(ii) any rule made under articles 229, 234 or the
proviso to article 309 or continued under article 313 of the
Constitution of India;
3. Now see the relevant provisions of the Companies Act, 2013 (Central
Act No.18 of 2013).
4. Now see the provisions of the Telangana Societies Registra tion Act,
2001 (Act 35 of 2001).
5. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Definitions.
Central Act 1of 1956.
Central Act 21 of 1860.
Act I of 1350F.
[Act No.7 of 1993] 3
held into any allegation of lack of integrity against any
person to whom this Act applies;
(c) “Government” means the State Government of
6Telangana;
(d) “Inquiring Authority ” means an offic er or authority
appointed by the competent authority 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;
(e) “lack of integrity” includes bribery or corruption and
any mala-fide act of omission or commission;
(f) “Notification” means notification published in the
6Telangana Gazette and the word “notified” shall be
construed accordingly;
(g) “Prescribed” means prescribe d by rules made
under this Act;
(h) “State” means the State of 6Telangana.
4. Where in any departmental inquiry it is necessary to
summon as witness or call for any document from, any
person or a class or category of persons, the Inquiring
Authority may exercise the power specified in section 5 in
relation to any such person or a pe rson within such class or
category, at any stage of the departmental inquiry if he is
authorised by order in writing in this behalf by such officer
not below the rank of Secretary to Government as the State
Government may , by notification in the Official G azette
designate, and different officers of such rank may be
6. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Authorisation of
Inquiring authority
to exercise the
powers specified
in section 5.
4 [Act No.7 of 1993]
designated for different class or classes of departmental
inquiries or for different local areas of the State.
5. (1) Every Inquiring Authority authorised under section
4, (hereinafter referred to as “the authorised inquiry
authority”) shall have the same powers as are vested in a
Civil Court under the Code of Civil Procedure, 1908, while
trying a suit in respect of the following matters, namely:-
(a) the summoning and enforcing the a ttendance of
any witness and examining him on oath;
(b) requiring the discovery and production of any
document or other material which is producible as evidence;
(c) receiving evidence on affidavits;
(d) requisitioning of any public record or copy thereof
from any court or office;
(e) issuing commission for the examination of
witnesses or documents;
(f) any such other matters as may be prescribed.
(2) Notwithstanding anything contained in sub -section
(1), the authorised inquiring authority shall not compel,
(i) the Lokayukta or Upa-Lokayukta or any member of
their staff to appear before him to give any evidence relating
to any information obtained by them in the course of, or for
the purposes of, any investi gation under the 7Telangana
Lokayukta Act, 1983 or to produce evidence re corded or
collected by them in connection with such information;
7. Adapted in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Power to
authorise
inquiring authority
to enforce
attendance of
witnesses and
production of
documents.
Central Act V of 1908.
Act 11 of 1983.
[Act No.7 of 1993] 5
(ii) The Reserve Bank of India, the State Bank of India
and subsidiary banks as defined in clause (k) of section 2 of
the State Bank of India (Subsidiary Banks) Act, 1959, any
corresponding new bank constituted under section 3 of the
Banking Companies (Acquisition and Transfer of
Undertakings) Act, 1970 or the Banking Companies
(Acquisition and Transfer of Undertakings) Act, 1980 or a
Regional Rural Bank established under section 3 of the
Regional Rural Banks Act, 1976, the Industrial Development
Bank of India established under section 3 of the Industrial
Development Bank of India Act, 1964, the Export -Import
Bank of India established under section 3 of the Export -
Import Bank Act, 1981, the National Bank for Agriculture and
Rural Development established under sec tion 3 of the
National Bank for Agriculture and Rural Development Act,
1981, the Industrial Reconstruction Bank of India
established under section 3 of the Industrial Reconstruction
Bank of India Act, 1984, the Industrial Credit and Investment
Corporation of India established under the Indian
Companies Act, 1913 the Industrial Finance Corpo ration
established under section 3 of th e Indu strial Finance
Corporation of India Act, 1948, State Financial Corporations
established under the State F inancial Corporations Act,
1951, National Housing Bank established under section 3 of
the National Housing Bank, 1987, or any company or co -
operative society carrying on the busi ness of banking as
defined in clause (b) of section 5 of the Banking Regulation
Act, 1949 or any other public financial institution so not ified
by the Central Government,-
(a) to produce any books of accounts or other
documents which Reserve Bank of India, the State Bank of
India, the Subsidiary Bank of State Bank of India, any
corresponding new bank, the Regional Rural Bank, the
Industrial Development Bank of India, the Export -Import
Bank of India, the National Bank for Agriculture and Rural
Development, the Industrial Reconstruction Bank of India,
Central Act 38 of 1959.
Central Act 5 of 1970.
Central Act 40 of 1980.
Central Act 21 of 1976.
Central Act 18 of 1964.
Central Act 28 of 1981.
Central Act 61 of 1981.
Central Act 62 of 1984.
Central Act 15 of 1948.
Central Act 63 of 1951.
Central Act 53 of 1987.
Central Act 10 of 1949.
6 [Act No.7 of 1993]
the Industrial Credit and Investment Corporation of India, the
Industrial Finance Corporation of India, the State Financial
Corporations, the National Housing Bank, or any comp any
of Co-operative Society carrying on the business of banking
as defined in clause (b) of section 5 of the Banking
Regulation Act, 1949, claims to be of a confidential nature or
any other public financial institution so notifie d by the
Central Government; or
(b) to make any such books or documents, a part of
the record of the proceedings of the departmental inquiry; or
(c) to give inspection of any such books or
documents, if produced to any party before it or to any other
person.
(3) Every process issued by an authorised inquiring
authority for 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 proces s is to be
served or executed, voluntarily resides or carries on
business or personally works for gain and for the purpose 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.
(4) Every authorised inquiring authority making any
departmental inquiry under this Act shall be deemed to be a
Civil Court for the purposes of sections 345 and 346 of the
Code of Criminal Procedure, 1973.
6. For the purpose of exercising the powers specified in
section 5 , the territorial jurisdiction of every authorised
Territorial limits in
which powers
specified in
section 5 may be
exercised.
Central Act 10 of 1949.
Central Act 2 of 1974.
[Act No.7 of 1993] 7
inquiring authority shall extend to the whole of the State of
8Telangana.
7. (1) The Government may, by notification, make rules to
carry out all or any of the purposes of this Act.
(2) 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 the session
immediately following for a total period of fourteen days
which may be comprised 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
annulled, as the case may be; so however, that any such
modification or a nnulment shall be without prejudice to the
validity of anything previously done under that rule.
* * *
8. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Power to make
Rules.