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Departmental Inquiries (Enforcement of Attendance of Witnesses and Production of Documents) Act, 1981 (29 of 1981) Preamble 1

Title: Karnataka Departmental Inquiries Enforcement of Attendance of Witnesses, Production of Documents and Miscellaneous Provisions Act, 1981

State: Karnataka

Year: 1981

THE KARNATAKA DEPARTMENTAL INQUIRIES (ENFORCEMENT OF ATTENDANCE OF WITNESSES, PRODUCTION OF DOCUMENTS AND MISCELLANEOUS PROVISIONS) ACT, 19811 [Act, No. 29 of 1981] [10th April, 1981] PREAMBLE 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. Whereas it is expedient 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 in the State of Karnataka; Be it enacted by the Karnataka State Legislature in the Thirty-second Year of the Republic of India as follows:- ________________________ 1. First published in the Karnataka Gazette Extraordinary on the Fifteenth day of April, 1981.

Departmental Inquiries (Enforcement of Attendance of Witnesses and Production of Documents) Act, 1981 (29 of 1981) Section 5

Title: Power of Authorised Inquiring Authorityto Enforce Attendance of Witnesses and Production of Documents

State: Karnataka

Year: 1981

.....Act 38 of 1959) or any corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act 1970 (Central Act 5 of 1970) or any corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (Central Act 40 of 1980),- (a) to produce any book 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 book or document a part of the record of the proceedings of the departmental inquiry, or (c) to give inspection of any such book or document, 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 witnessor 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 purposes of taking.....

Departmental Inquiries (Enforcement of Attendance of Witnesses and Production of Documents) Act, 1981 (29 of 1981) Complete Act

Title: Departmental Inquiries (Enforcement of Attendance of Witnesses and Production of Documents) Act, 1981 (29 of 1981)

State: Karnataka

Year: 1981

Preamble 1 - KARNATAKA DEPARTMENTAL INQUIRIES ENFORCEMENT OF ATTENDANCE OF WITNESSES, PRODUCTION OF DOCUMENTS AND MISCELLANEOUS PROVISIONS ACT, 1981 Section 1 - Short title and commencement Section 2 - Departmental inquiries to which the Act shall apply Section 3 - Definitions Section 4 - Power of State Government to authorise the exercise of powers specified in section 5 Section 5 - Power of authorised inquiring authorityto enforce attendance of witnesses and production of documents Section 6 - Territorial limits in which powers specified in section 5 may be exercised Section 6A - Issue of search warrant etc. Section 7 - Power to make rules Section 8 - Repeal and savings

Punjab Laws Act, 1872 Section 43

Title: Control of Slaughter of Kine and Sale of Beef

State: Central

Year: 1872

Slaughter of kine The slaughter of kine and the sale of beef shall not take place except [The words " with the consent and" omitted by Act 12 of 1878, s 6.] subject to rules to be from time to time, either generally or in any particular instance, prescribed by the State sale Government.

Indian Evidence Act 1872 Chapter 10

Title: Of the Examination of Witnesses

State: Central

Year: 1872

.....by the mere fact that he produces it, and cannot be cross-examined unless and until he is called as a witness. Section 140 - Witnesses to character Witnesses to character may be cross-examined and re-examined. Section 141 - Leading questions Any question suggesting the answer which the person pulling it wishes or expects to receive, is called a leading question. Section 142 - When they must not be asked Leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court. The Court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved. Section 143 - When they may be asked Leading questions may be asked in cross-examination. Section 144 - Evidence as to matters in writing Any witness may be asked, whilst under examination whether any contract, grant or other disposition of property, as to which he is giving evidence, was not contained in a document, and if he says that it was, or if he is about to make any statement as to the contents of any document, which in the.....

Code of Civil Procedure, 1908 Rule 1 to 21

Title: Summoning and Attendance of Witnesses

State: Central

Year: 1908

.....a summons delivered to a party for service under rule 7A,] shall be served as nearly as may be in the same manner as summons to a defendant and the rules in Order V as to proof of service shall apply in the case of all summonses served under this rule. 9. Time for serving summons Service shall in all cases be made a sufficient time before the time specified in the summons for the attendance of the person summoned, to allow him a reasonable time for preparation and for travelling to the place at which his attendance is required. 10. Procedure where witness fails to comply with summons 7 [(1) Where a person to whom a summons has been issued either to attend to give evidence or to produce a document, fails to attend or to produce the document in compliance with such summons, the Court-- (a) shall, if the certificate of the serving officer has not been verified by affidavit, or if service of the summons has been effected by a party or his agent, or (b) may, if the certificate of the serving officer has been so verified, examine on oath the serving or the party or his agent, as the case may be, who has effected service, or cause him to be so examined by any Court,.....

Code of Civil Procedure, 1908 Rule 1 to 19

Title: Hearing of the Suit and Examination of Witnesses

State: Central

Year: 1908

.....in open Court, direct their statements to be recorded on commission under rule 4A of Order XXVI.] __________________________ 1. Inserted by Act 22 of 2002, section 12(a) (w.e.f. 1-7-2002). 2. Sub-rule (4) inserted by Act 104 of 1976, section 69(i) (w.e.f. 1-2-1977) and omitted by Act 46 of 1999, section 27(i) (w.e.f. 1-7-2002). 3. Inserted by Act 104 of 1976, section 69(ii) (w.e.f. 1-2-1977). 3i. Inserted by Act 104 of 1976, Section 69(iv) (w.e.f. 01.02.1977). 3ii. Rule 17A was earlier inserted by Act 104 of 1976, section 69(vii) (w.e.f. 01.02.1977). 3iii. Inserted by Act 104 of 1976, section 69(ix) (w.e.f. 01.02.1977). 4. Substituted by Act 46 of 1999, section 27, for rule 4. 5. Substituted by Act 22 of 2002, section 12(b), for rule 4 as substituted by clause (ii) of section 27 of the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999) (w.e.f. 1-7-2002). 6. Substituted by Act 104 of 1976, section 69(iii), for rule 5 (w.e.f. 1-2-1977). 7. The provisions of rules 5, 6, 7, 8, 9, 11, 13, 14, 15 and 16, so far as they relate to the manner of taking evidence, are not applicable to the Chief Court of Oudh, see the Oudh Court Act, 1925 (U.P. 4 of 1925,.....

Indian Evidence Act 1872 Chapter 9

Title: Of Witnesses

State: Central

Year: 1872

.....that nothing in this section shall protect from disclosure-- (1) Any such communication made in furtherance of any 1 [illegal] purpose; (2) Any fact observed by any barrister, pleader, attorney or vakil, in the course of his employment as such, showing that any crime or fraud has been committed since the commencement of his employment. It is immaterial whether the attention of such barrister, 2 [pleader], attorney or vakil was or was not directed to such fact by or no behalf of his client. Explanation.-The obligation staled in this section continues after the employment has ceased. Illustration (a) A, a client, says to B, an attorney--"I have committed forgery and I wish you to defend me". As the defence of a man known to be guilty is not a criminal purpose, this communication is protected from disclosure. (b) A, a client, says to B, an attorney--"I wish to obtain possession of property by the use of forged deed on which I request you to sue". This communication, being made in furtherance of a criminal purpose, is not protected from disclosure. (c) A, being charged with embezzlement, retains B, an attorney, to defend him. In the course of the proceedings, B.....

The Orissa Disciplinary Proceedings (Summoning of Witnesses & Production of Documents) Act, 1954 Complete Act

State: Orissa

Year: 1954

..... 4. Powers of Inquiring Officer and penalty for disobedience to process- (1) Any Inquiring Officer shall have the same powers in the matter of summoning of witnesses and compelling the production of documents as are conferred upon the Commissioner under Section 8 of the Public Servants (Inquiries) Act, 1850 (Act XXXVII of 1850): Provided that all process to cause the attendance of witnesses or production of documents or other compulsory process shall be served through and executed by the District Magistrate or the Sub-divisional Magistrate, as the case may be, in whose jurisdiction the witness or other person resides and on whom such process is to be served. ( 2 ) The provisions of Section 9 of the said Act providing for penalty for disobedience to process shall apply to any process issued by an Inquiring Officer as they apply to such process issued by the Commissioners aforesaid. 5. Rules- The State Government may make rules for the purpose of giving effect to the provisions of this Act. Orissa State Acts

Maharashtra Departmental Inquiries (Enforcement of Attendance of Witnesses and Production of Documents) Act, 1986 Complete Act

State: Maharashtra

Year: 1986

..... includes bribery or corruption, and mala fide act of omission or commission; (d) "prescribed" means prescribed by rules made under this Act. SECTION 04: AUTHORISATION OF INQUIRING AUTHORITY TO EXERCISE POWER SPECIFIED IN SECTION 5 Where in any departmental inquiry, it is necessary to summon as witness, or call for any document from, any person or a class or category of persons, the Inquiring Authority may exercise the power specified in section 5 in relation to any such person or a person within such class or category, at any stage of the departmental inquiry, if he is authorised, by order in writing in this behalf, by such officer not below the rank of a Secretary to Govern ment as the State Government may, by notification in the Official Gazette, designate ; and different such officers may be designated for different class or classes of departmental inquiries or for different local areas of the State. SECTION 05: POWER OF AUTHORISE INQUIRING AUTHORITY TO ENFORCE ATTENDANCE OF WITNESSES AND PRODUCTION OF DOCUMENTS :" (1)Every Inquiring Authority authorised under section 4 (herein after referred to as "the authorised Inquiring Authority") shall have the.....