The Departmental Proceedings ( Enforcement Of Attendance Of Witnesses And Production Of Documents ) Act, 1973

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XXIV of 1973 
THE DEPARTMENTAL PROCEEDINGS (ENFORCEMENT 
OF ATTENDANCE OF WITNESSES AND PRODUCTION 
OF DOCUMENTS) ACT, 1973. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta.  
Gazette, Extraordinary, of the 7th May, 1973.] 
[7th May, 1973.] 
An Act to provide for the enforcement of attendance of witnesses and 
production of documents in certain departmental proceedings and 
for matters connected therewith or incidental thereto. 
WHEREAS it is expedient to provide for the enforcement of attendance 
of witnesses and production of documents in certain departmental 
proceedings and for matters connected therwith or incidental thereto; 
It is hereby enacted in the Twenty-fourth Year of the Republic of 
India, by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the Departmental Proceedings Short title 
(Enforcement of Attendance of Witnesses and Production of Documents) and extent.  
Act, 1973. 
(2) It extends to the whole of West Bengal. 
2. The provisions of this Act shall apply to every departmental Depart- 
proceedings made in relation to— 	 mental 
proceedings 
to which (a) persons appointed to public services or posts in connection the Act 
with the affairs of the State; 	 shall apply. 
(b) persons who, having been appointed to any public service or 
post in connection with the affairs of the State, are in service 
or pay of,— 
(i) any local authority, 
(ii) any corporation owned or controlled by the State 
Government, 
97 
The Departmental Proceedings (Enforcement of Attendance 
of Witnesses and Production of Documents) Act, 1973. 
[West Ben. Act. 
(Sections 3,4.) 
(iii) any Government company within the meaning 
of section 617 of the Companies Act, 1956, in which 1 of 1956. 
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.. of such Government company, 
(iv) any society registered under the West Bengal Societies West Ben. 
Act xxvi Registration Act, 1961, which is subject to the control of 1%1. 
of the State Government. 
Definitions. 	 3. For the purposes of this Act,— 
(4) "departmental proceedings" mean proceedings held under 
and in accordance with— 
(i) any law made by Parliament or by the State Legislature 
or any rule made under any such law, 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 lack of integrity, insubordination or 
dereliction of duty in any manner whatsoever, against any 
person to whom this Act applies; 
(b) "inquiring authority" means an officer or authority appointed 
by the State Government or by any officer or authority 
subordinate to that Government to hold departmental 
proceedings 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; 
(c) "lack of integrity" includes bribery or corruption. 
Power of 	 4. (1) Where the State Government is of opinion that for the 
State Govern- purposes of any departmental proceedings it is necessary to summon as ment to 
authorise 	 witnesses, or call for any document from, any class or category of 
the exercise persons, it may, by notification in the Official Gazette, authorise the of powers 
specified in inquiring authority to exercise the power specified in section 5 in relation 
section on 5. to any person within such class or category and thereupon the inquiring 
authority may exercise such power at any stage of the departmental 
proceedings. 
(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 departmental proceedings are being held, as the State 
Government may, by notification in the Official Gazette, specify in this 
behalf. 
98 
The Departmental Proceedings (Enforcement of Attendance 
of Witnesses and Production of Documents) Act, 1973. 
XXIV of 1973.] 
(Sections 5,6.) 
5. (1) Every inquiring authority authorised under section 4 
(hereinafter referred to as the "authorised inquiring authority") shall 
5 of 1908. 
	
	 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 attedance of any witness 
and examining him on oath; 
(b) re9uiring 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) 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 Chief Presidency Magistrate in 
Calcutta or through the District Judge in a district, 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 Chief Presidency Magistrate or 
the District Judge, as the case may be. 
(3) Every authorised inquiring authority making any departmental 
proceedings under this Act shall be deemed to be a civil court for the 
5 of 1898. 	 purposes of sections 480 and 482 of the Code of Criminal Procedure, 1898. 
Power of 
authorised 
inquiring 
authority to 
enforce 
attendance 
of witnesses 
and product. 
ion of 
documents. 
6. The State Government may, by notification in the Official Gazette, Power to 
make rules for carrying out the purposes of this Act. 	 make rules. 
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