The Andhra Pradesh Departmental Inquiries (Enforcement of Attendance of Witness and Production of Documents) Act, 1993

Short title, extent and commencement. -

1. (1) This Act may be called the Andhra Pradesh Departmental Inquiries (Enforcement of Attendance of Witness and Production of Documents) Act, 1993.
2. (2) It extends to the whole of the State of Andhra Pradesh.
3. (3) It shall come into force on such date as the State Government may, by notification in the Andhra Pradesh Gazette, appoint.

Definitions. - In this Act, unless the context otherwise requires,—

1. (a) “Competent department" means such department of the State Government, or such authority, as may be specified by the State Government by notification in the Andhra Pradesh Gazette, as the competent department for the purposes of this Act;
2. (b) “Departmental inquiry" means an inquiry held under and in accordance with any law or rule made by the State Government or any notification issued by the State Government into any allegation of lack of integrity or other malpractice of a type which would constitute a criminal offence or of any misconduct, or any other matter, against any public servant;
3. (c) “Public servant" includes a person who is or was a public servant as defined in section 21 of the Indian Penal Code, 1860.

Power to enforce attendance of witnesses and production of documents.-

1. (1) An inquiring authority may, by notice in writing, require any person—
   • (a) to appear before it and to give evidence;
   • (b) to produce before it any documents; which it considers relevant to the departmental inquiry.
2. (2) Any person who without sufficient cause fails to comply with the requirements of the notice issued under sub-section
3. (1) shall be deemed to have committed an offence under sections 174 or 175, as the case may be, of the Indian Penal Code, 1860.

Persons empowered to conduct departmental inquiries to be a Civil Court for certain purposes.—

Cognizance of offence Cognizance of offence. - No court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by the inquiring authority or by an officer authorized by the Government in this behalf.

Power to make rules. -

1. (1) The Government may, by notification in the Andhra Pradesh Gazette, make rules to carry out all or any of the purposes of this Act.
2. (2) Every rule made under this Act shall, immediately after it is made, be laid before the Legislative Assembly 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 Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall from the date of such modification or annulment have effect only in such modified form or shall stand annulled 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.