section 5
Power of authorise Inquiring Authority to enforce attendance of witnesses and production of documents.
The Maharashtra Departmental Inquiries (Enforcement of Attendance of Witnesses and Production of Documents) Act, 1986General19868 sections
Statutory text
- (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 (V of 1908), while trying a suit, in respect of the following matters, namely :-
- (a) summoning and enforcing the attendance of any person and examining and 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 commissions for the examination of witnesses or documents;
- (f) any other matter which may be prescribed.
- (2) Notwithstanding anything contained in sub-section (1), the authorised Inquiring Authority shall not be entitled-
- (i) to compel 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 investigation under the Maharashtra Lokayukta and Upa-Lokayuktas Act, 1971 (Mah. XLVI of 1971), or to produce the evidence recorded or collected by them in connection with such information ;
- (ii) to 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 (XXXVIII of 1959) or any other corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (V of 1970), or the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980),-
- (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 records 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 ;
- (iii) to compel such officer or authority as the State Government may, by notification in the Official Gazette, specify, to appear before him to give any evidence relating to any information obtained by it in the course of or for the purposes of any of the duties or functions of such authority under any law for the time being in force, which under such a law is required to be treated as confidential, or to produce the evidence recorded or collected by it in connection with such information.
- (3) Without prejudice to the relevant provisions of Order V and Order XVI of the Code of Civil Procedure, 1908 (V of 1908), regarding service of summons, every summons to witness to be served by the authorised Inquiring Authority upon any person shall be deemed to be served-
- (a) where a person to be served is a company, the service is effected in accordance with the provisions of section 51 of the Companies Act, 1956 (1 of 1956);
- (b) where the person to be served is a firm, if the summons is addressed to the firm at its principal place of business, identifying it by the name and style under which its business is carried on, and is either-
- (i) sent under a certificate of posting or by registered post; or
- (ii) left at the said place of business ; and the summons so served shall be deemed to be served on each partner;
- (c) where the person to be served is a statutory public body or a corporation or a society or other body, if the summons is addressed to the Secretary, Treasurer or other head officer of that body, corporation or society at its principal office, and is-either,-
- (i) sent under a certificate of posting or by registered post; or
- (ii) left at that office;
- (d) in any other case, if the summons is addressed to the person to be served and,-
- (i) is given or tendered to him; or
- (ii) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business; or
- (iii) is sent under a certificate of posting or by registered post to that person.
- (4) Any process issued by an authorised Inquiring Authority for the attendance of any witness or for the production of any documents may, if found necessary, be served and executed in Greater Bombay through the Chief Judge, Court of Small Causes, Bombay and elsewhere, 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 purposes of taking any action for the disobedience of any such process, every such process shall be deemed to be process issued by the Chief Judge, Court of Small Causes, Bombay, or as the case may be, the District Judge.
- (5) Every authorised Inquiring Authority making any departmental inquiry shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (II of 1974).
- (6) Any proceeding before every authorised Inquiring Authority making any departmental inquiry shall be deemed to be a judicial proceeding within the meaning of section 193 of the Indian Penal Code (XLV of 1860).
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