The Tripura Departmental Inquiries (Enforcement of Attendance of Witnesses and Production of Documents) Act, 1974

 Tripura Act No. 3 of 1974.
THE TRIPURA
DEPARTMENTAL INQUIRIES
(ENFORCEMENT OF
ATTENDANCE OF WITNESSES
AND PRODUCTION OF
DOCUMENTS)   ACT, 1974.
        Tripura Act No. 3 of 1974.
THE TRIPURA DEPARTMENTAL INQUIRIES (ENFORCEMENT
OF ATTENDANCE OF WITNESSES AND PRODUCTION OF
DOCUMENTS)  ACT, 1974.
An
Act      [30. 3. 74]
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.
Be it enacted by the Legislative Assembly of  Tripura in the Twenty-
fifth Year of the Republic of India as follows :-
1. (1) This  Act  may  be called the Tripura Departmental Inquiries
(Enforcement of Attendance of Witnesses and Production of Documents)
Act, 1974.
(2) It extends to the whole of the Tripura.
2. The provisions of this Act shall apply to every departmental inquiry
made in relation to---
(1) persons appointed to public services or posts in connection with
the affairs of the State of  Tripura ;
(2) persons who, having been appointed to any public service or post
in connection with the affairs of the State of Tripura, are in
service or pay of,---
(a) any local authority in the State of Tripura,
(b) any  corporation established  by  or  under a State Act and
owned or controlled by the State Government,
(c) any  Government  company  within the meaning of section
617 of  the Companies Act, 1956, in which  not  less  than
fiftyone per cent. of the paid-up share capital is held by the
State Government or any company which is a subsidiary of
such Government company,
Short  title
and extent.
Departmen-
tal  inquiries
to which the
Act       shall
apply.
2
(d) any society registered under the Societies Registration Act,
1860, which is subject to  the control of the State
Government.
3. For the purposes of this Act,---
(1) "departmental inquiry" means an inquiry held under and in
accordance with---
(a) any  law  made by the Tripura Legislative Assembly or any
rule made thereunder, or
(b) any rule made under the proviso to article 309 of the
Constitution of India or continued to be in force in Tripura
with  effect  from the  appointed day notified under clause
(b) of  section 2 of the North  Eastern Areas  ( Re-organisa-
tion) Act, 1971.
(2) "inquiring authority" means an officer or authority appointed by
the State Government or by any officer or authority subordinate to that
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 ;
(3) "lack of integrity" includes bribery or corruption.
4. (1) Where the State Government is of opinion that for the purposes
of any departmental inquiry it is necessary to summon as witnesses, or call
for any document from any class or category of persons, it may, by notifica-
tion in the  Official Gazette, authorise the inquiring authority to exercise the
power 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.
(2) The power conferred on the State Government by sub-section
(1) may also be exercised by such authority, not being an authority inferior to
the appointing authority in relation to the person against whom the depart-
mental inquiry is being held, as the State Government may, by notification in
the  Official Gazette, specify in this behalf.
21 of  1860
81 of  1971
Definitions
Power  of
State Gov-
ernment
to autho-
rise the ex-
ercise  of
powers sp-
ecified in
section  5.
3
5. (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,
while trying a suit, in respect of the following matters, namely :---
(a) the summoning and enforcing the attendance 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) the requisitioning  of  any public record from  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, or any
corresponding new bank constituted under section 3 of the Banking
Companies (Acquisition and Transfer of Undertakings) Act, 1970,--
(a) to produce any books 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 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 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 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.
Power    of
authorised
inquiring
authority
to enforce
attendance
of witne-
sses and
production
of docume-
nts.
 5  of  1908.
4
(4) Every  authorised  inquiring  authority making  any  departmen-
tal inquiry under this Act shall be deemed to be a civil court for the purposes
of sections 480 and 482 of the Code of Criminal Procedure, 1898.
6. 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 .
7. (1) The State Government may, by notification in the Official
Gazette, make rules for the purpose 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 the Tripura
Legislative Assembly while it is in session for a total period of fourteen
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, the Tripura Legislative
Assembly agrees in making any modification in the rule or the Assembly
agrees that the rule should not be made, the rule shall thereafter 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.
----------------*****----------------
5 of  1898.
Territorial
limits in
which pow-
ers  specif-
ied in  section
5 may be ex-
ercised.
Power to
make rules.

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