PUNJAB DEPARTMENTAL INQUIRIES (POWERS) ACT, 1958
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THE PUNJAB DEPARTMENTAL INQUIRIES (POWERS) ACT, 1958 (XLV of 1958)
TEXT 1THE 2[PUNJAB] DEPARTMENTAL INQUIRIES (POWERS) ACT, 1958 (XLV of 1958) [23 September 1958] An Act to confer powers for compelling attendance of witnesses and production of documents on officers conducting departmental inquiries against Government servants in the Province of 3[Punjab]. Preamble.– WHEREAS it is expedient to confer powers to compel attendance of witnesses and production of documents on officers conducting departmental inquiries against Government servants in the Province of 4[Punjab];
It is hereby enacted as follows:–
Section 1. Short title and extent
(1) This Act may be called the 5[Punjab] Departmental Inquiries (Powers) Act, 1958.
6[(2) It extends to the whole of the Province of 7[Punjab], except the Tribal Areas.]
Section 2. Power to summon witnesses and to compel production of documents
An officer conducting a departmental inquiry against a Government servant under any rules for the time being in force, may exercise the same powers for compelling the attendance of witnesses 8[,] production of documents 9[and issuing commissions for the examination of witnesses] as are exercisable by a civil court under the Code of Civil Procedure, 1908 10:
Provided that the process issued by the officer conducting the departmental inquiry shall be served and executed by the civil court having jurisdiction in the place
1For Statement of Objects and Reasons, see Gazette of West Pakistan 1958 (Extraordinary), p. 1118. This Act was passed by the West Pakistan Assembly on April 25, 1958, assented to by the Governor of West Pakistan on September 20, 1958, published in the Gazette of West Pakistan (Extraordinary), dated September 23, 1958, pp. 1293-1294.
2Substituted for the words “West Pakistan” by the West Pakistan Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, s. 2 read with Schedule, Serial No. 16.
3Ibid.
4Ibid.
5Ibid.
6Substituted by the West Pakistan Laws (Extension to Karachi) Ordinance, 1964 (VII of 1964), published in the Gazette of West Pakistan (Extraordinary), dated May 25, 1964, pp. 1679-1688, s. 2 read with Schedule, Serial No. 14.
7Substituted for the words “West Pakistan” by the West Pakistan Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, s. 2 read with Schedule, Serial No. 16.
8Substituted for the word “and” by the West Pakistan Departmental Inquiries (Powers) (Amendment) Ordinance, 1961 (XI of 1961), published in the Gazette of West Pakistan (Extraordinary), dated June 17, 1961, pp. 1581-1582, s. 2(i).
9Inserted by the Ordinance ibid., s. 2(ii).
10V of 1908.
where the witness or the person in possession of the document, as the case may be, resides.
Section 3. Penalties
Any person disobeying a process issued by an officer in exercise of the powers conferred by section 2 shall be liable to the same penalties to which he would have been liable if he had disobeyed a process issued by the civil court.
Section 4. Repeal
The West Pakistan Departmental Inquiries (Powers) Ordinance, 1958 1, is hereby repealed.
1XV of 1958, promulgated by the Governor of the West Pakistan under Article 102 of the Constitution, published in the Gazette of West Pakistan (Extraordinary), dated June 3, 1958, pp. 867-868.
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CONTENTS 1. Short title and extent. 2. Power to summon witnesses and to compel production of documents. 3. Penalties. 4. Repeal.
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THE PUNJAB DEPARTMENTAL INQUIRIES (POWERS)
ACT, 1958
(XLV of 1958)
CONTENTS
1. Short title and extent.
2. Power to summon witnesses and to compel production of documents.
3. Penalties.
4. Repeal.
TEXT
1
THE
2
[PUNJAB] DEPARTMENTAL INQUIRIES (POWERS) ACT, 1958
(XLV of 1958)
[23 September 1958]
An
Act
to confer powers for compelling attendance of witnesses and production of
documents on officers conducting departmental inquiries against Government
servants in the Province of
3
[Punjab].
Preamble.– WHEREAS it is expedient to confer powers to compel attendance of
witnesses and production of documents on officers conducting departmental
inquiries against Government servants in the Province of
4
[Punjab];
It is hereby enacted as follows:–
1. Short title and extent .– (1) This Act may be called the
5
[Punjab]
Departmental Inquiries (Powers) Act, 1958.
6
[(2) It extends to the whole of the Province of
7
[Punjab], except the Tribal
Areas.]
2. Power to summon witnesses and to compel production of documents .–
An officer conducting a departmental inquiry against a Government servant under
any rules for the time being in force, may exercise the same power s for compelling
the attendance of witnesses
8
[,] production of documents
9
[and issuing commissions
for the examination of witnesses] as are exercisable by a civil court under the Code
of Civil Procedure, 1908
10
:
Provided that the process issued by the off icer conducting the departmental
inquiry shall be served and executed by the civil court having jurisdiction in the place
1For Statement of Objects and Reasons, see Gazette of West Pakistan 1958 (Extraordinary), p. 1118. This Act was passed by
the West Pakistan Assembly on April 25, 1958 , assented to b y the Governor of West Pakistan on Sep tember 20, 1958,
published in the Gazette of West Pakistan (Extraordinary), dated September 23, 1958, pp. 1293-1294.
2Substituted for the words “West Pakistan” by the West Pakistan Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973),
published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, s. 2 read with Schedule,
Serial No. 16.
3Ibid.
4Ibid.
5Ibid.
6Substituted by the West Pakistan Laws (Extension to Karachi) Ordinance, 1964 (VII of 1964), published in the Gazette of West
Pakistan (Extraordinary), dated May 25, 1964, pp. 1679-1688, s. 2 read with Schedule, Serial No. 14.
7Substituted for the words “West Pakistan” by the West Pakistan Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973),
published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, s. 2 read with Schedule,
Serial No. 16.
8Substituted for the word “and” by the West Pakistan Departmental Inquiries (Powers) (Amendment) Ordinance, 1961 (XI of
1961), published in the Gazette of West Pakistan (Extraordinary), dated June 17, 1961, pp. 1581-1582, s. 2(i).
9Inserted by the Ordinance ibid., s. 2(ii).
10V of 1908.
where the witness or the person in possession of the document, as the case may be,
resides.
3. Penalties.– Any person disobeying a pro cess issued by an officer in exercise
of the powers conferred by section 2 shall be liable to the same penalties to which he
would have been liable if he had disobeyed a process issued by the civil court.
4. Repeal.– The West Pakistan Departmental Inquirie s (Powers) Ordinance,
1958
1
, is hereby repealed.
1XV of 1958, promulgated by the Governor of the West Pakistan u nder Article 102 of the Constitution, published in the Gazette
of West Pakistan (Extraordinary), dated June 3, 1958, pp. 867-868.This law in the library
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ossession of the document, as the case may be, resides. 3. Penalties.– Any person disobeying a pro cess issued by an officer in exercise of the powers conferred by section 2 shall be liable to the same penalties to which he would have been liable if he had disobeyed a process issued by the civil court. 4. Repeal.– The West Pakistan Departmental Inquirie s (Powers) Ordinance, 1958 1 , is hereb
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