The Departmental Inquiries (Enforcement of Attendance of Witnesses and Production of Documents) Act, 1972
# THE DEPARTMENTAL INQUIRIES (ENFORCEMENT OF ATTENDANCE OF
 WITNESSES AND PRODUCTION OF DOCUMENTS) ACT, 1972
 ____________

 ARRANGEMENT OF SECTIONS
 ___________

SECTIONS

1. Short title and extent.
2. Departmental inquiries to which the Act shall apply.
3. Definitions.
4. Power of Central Government to authorise the exercise of powers specified in section 5.
5. Power of authorised inquiring authority to enforce attendance of witnesses and production of

documents.

6. Territorial limits in which powers specified in section 5 may be exercised.
7. Power to make rules.

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# THE DEPARTMENTAL INQUIRIES (ENFORCEMENT OF ATTENDANCE OF
 WITNESSES AND PRODUCTION OF DOCUMENTS) ACT, 1972

 ACT NO. 18 OF 1972

[31st May, 1972.]

# An Act 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 Parliament in the Twenty-third Year of the Republic of India as follows:—

**1. Short title and extent.—(1) This Act may be called the Departmental Inquiries (Enforcement of**

Attendance of Witnesses and Production of Documents) Act, 1972.

(2) It extends to the whole of India except the State of Jammu and Kashmir*.

**2. Departmental inquiries to which the Act shall apply.—The provisions of this Act shall apply to**

every departmental inquiry made in relation to—

(a) persons appointed to public services or posts in connection with the affairs of the Union;

(b) persons who, having been appointed to any public service or post in connection with the

affairs of the Union, are in service or pay of,—

(i) any local authority in any Union territory,

(ii) any corporation established by or under a Central Act and owned or controlled by the

Central Government,

(iii) any Government company within the meaning of section 617 of the Companies

Act, 1956 (1 of 1956), in which not less than fifty-one per cent. of the paid-up share capital is
held by the Central Government or any company which is a subsidiary of such Government
company,

(iv) any society registered under the Societies Registration Act, 1860 (21 of 1860), which is

subject to the control of the Central Government.

**3. Definitions.—For the purposes of this Act,—**

(a) “departmental inquiry” means an inquiry held under and in accordance with—

(i) any law made by Parliament or any rule made thereunder, 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 against any person to whom this Act applies;

(b) “inquiring authority” means an officer or authority appointed by the Central 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;

(c) “lack of integrity” includes bribery or corruption.

**4. Power of Central Government to authorise the exercise of powers specified in**

**section 5.—(1) Where the Central 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 notification 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.

*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and

Kashmir and the Union territory of Ladakh.

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(2) The power conferred on the Central 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 inquiry is being held, as the Central Government may, by notification in the
Official Gazette, specify in this behalf.

**5. Power of authorised inquiring authority to enforce attendance of witnesses and production of**

**documents.—(1) Every inquiring authority authorised under section 4 (hereafter 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 (5 of 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 (38 of 1959), or any corresponding new
bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings)
Act, 1970 (5 of 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.

(4) Every authorised inquiring authority making any departmental 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 (5 of 1898).

**6. Territorial limits in which powers specified in section 5 may be exercised.—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. Power to make rules.—(1) The Central 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 Central Government under this section shall be laid, as soon as may be

after it is made, before each House of Parliament while it is in session for a total period of thirty 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, both Houses agree in
making any modification in the rule or both Houses agree 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.

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