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Public Servants (Inquiries) Act, 1850 Complete Act

Title: Public Servants (Inquiries) Act, 1850

State: Central

Year: 1850

.....witnesses Section17 - Examination of witnesses and evidence by prosecutor [Repealed] Section18 - Notes of oral evidence Section19 - Inquiry when closed with defence. Prosecutor when entitled to reply and give evidence. Accused not entitled to adjournment Section20 - Power to require Amendment of charge and to adjourn. Reason for refusing adjournment to be recorded Section21 - Report of commissioners' proceedings Section22 - Power to call for further evidence or explanation. Inquiry into additional article's of charge. Reference of report of special commissioners' final orders Section23 - Definition of Government Section24 - Saving of enactments as to dismissal of certain officers Section25 - Saving of power of removal without inquiry under Act

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Public Servants (Inquiries) Act, 1850 Section 7

Title: Power of Government to Abandon Prosecution and to Allow Accuser to Continue It

State: Central

Year: 1850

At any subsequent stage of the proceedings, the Government may, if it think fit abandon the prosecution, and in such case may, if it think fit, on the application of the accuser, allow him to continue the prosecution, if he is desirous of so doing, on his furnishing such security as is hereinbefore mentioned.

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Public Servants (Inquiries) Act, 1850 Section 4

Title: Conduct of Government Prosecution

State: Central

Year: 1850

When the Government shall think fit to conduct the prosecution, it shall nominate some person to conduct the same on its behalf.

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Public Servants (Inquiries) Act, 1850 Section 13

Title: Evidence for Prosecution and Examination of Witnesses, Re-examination by Prosecutor

State: Central

Year: 1850

The oral and documentary evidence for the prosecution shall then be exhibited; the witnesses shall be examined by or on behalf of the prosecutor and may be cross-examined by or on behalf of the person accused. The prosecutor shall be entitled to re-examine the witnesses on any points on which they have been cross-examined, but not on any new matter, without leave of the commissioners, who also may put such questions as they think fit.

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PUBLIC SERVANTS (INQUIRIES) ACT, 1850 Section 14

Title: Power to admit or call for new evidence for prosecution. Accused's right to adjournment

State: Central

Year: 1850

If it shall appear necessary before the close of the case for the prosecution, the commissioners may in their discretion allow the prosecutor to exhibit evidence not included in the list given to the person accused, or may themselves call for new evidence; and in such case the person accused shall be entitled to have, if he demands it, an adjournment of the proceedings for three clear days, before the exhibition of such new evidence exclusive of the day of adjournment and of the day to which the proceedings are adjourned.

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Public Servants (Inquiries) Act, 1850 Preamble 1

Title: Public Servants (Inquiries) Act, 1850

State: Central

Year: 1850

THE PUBLIC SERVANTS (INQUIRIES) ACT, 1850 [Act, No. 37 Of 1850]1 [1st November, 1850] PREAMBLE For regulating inquiries into the behaviour of Public Servants. WHEREAS it is expedient to amend the law for regulating inquiries into the behaviour of public servants not removable from their appointments without the sanction of Government, and to make the same uniform throughout [***] India; It is enacted as follows :-- _________________________ 1. The short title was given to the Act by the Public Servants (Inquiries) Act (1850) Amendment Act, 1897 (1 of 1897), Section 1.

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Commissions of Inquiry Act, 1952 Section 5A

Title: Power of Commission to Utilise the Services of Certain Officers and Investigation Agencies for Conducting Investigation Pertaining to Inquiry

State: Central

Year: 1952

.....to any statement made by a person in the course of giving evidence before the Commission. (4) The officer or agency, whose services are utilised under sub-section (1), shall investigate into any matter pertaining to the inquiry and submit a report thereon (hereafter in this section referred to as the investigation report) to the Commission within such period as may be specified by the Commission in this behalf. (5) The Commission shall satisfy itself about the correctness of the facts stated and the conclusions, if any, arrived at in the investigation report submitted to it under sub-section (4), and for this purpose the Commission may make such inquiry (including the examination of the person or persons who conducted or assisted in the investigation) as it thinks fit. ______________________ 1. Inserted by Act 79 of 1971, section 8.

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Commissions of Inquiry Act, 1952 Section 8A

Title: Inquiry Not to Be Interrupted by Reason of Vacancy or Change in the Constitution of the Commission

State: Central

Year: 1952

1[8A. Inquiry not to be interrupted by reason of vacancy or change in the constitution of the Commission (1) Where the Commission consists of two or more members, it may act notwithstanding the absence of the Chariman or any other member or any vacancy among its members. (2) Where during the course of an inquiry before a Commission, a change has taken place in the constitution of the Commission by reason of any vacancy having, been filed or by any other reason, it shall not be necessary for the Commission to commence the inquiry a fresh and the inquiry may be continued from the stage at which the change took place. ______________________ 1 . Inserted by Act 79 of 1971, section 12.

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Public Servants (Inquiries) Act, 1850 Section 2

Title: Articles of Charge to Be Drawn out for Public Inquiry into Conduct of Certain Public Servants

State: Central

Year: 1850

Whenever the Government shall be of opinion that there are good grounds for making a formal and public inquiry into the truth of any imputation of misbehaviour by any person in the service of1[the Government, not removable from his appointment without the sanction of the Government,] it2[may] cause the substance of the imputations to be drawn into distinct articles of charge, and2[may] order a formal and public inquiry to be made into the truth thereof. __________________________ 1. Substituted for the words "the East India Company not removable from his office without the sanction of the same Government" by the Public Servants (Inquiries) Act (1850) Amendment Act, 1897 (1 of 1897), Section. 3. 2. Substituted for the word "shall" by A. O., 1937 (1-4-1937).

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Commissions of Inquiry Act, 1952 Complete Act

Title: Commissions of Inquiry Act, 1952

State: Central

Year: 1952

.....Commission to utilise the services of certain officers and investigation agencies for conducting investigation pertaining to inquiry Section5B - Power of Commission to appoint assessors Section6 - Statements made by persons to the Commission Section6A - Persons not obliged to disclose secret process of manufacture of goods in certain cases Section7 - Commission to cease to exist when so notified Section8 - Procedure to be followed by the Commission Section8A - Inquiry not to be interrupted by reason of vacancy or change in the constitution of the Commission Section8B - Persons likely to be prejudicially affected to be heard Section8C - Right of cross-examination and representation by legal practitioner Section9 - Protection of action taken in good faith Section10 - Members, etc., to be public servants Section10A - Penalty for acts calculated to bring the Commission or any member thereof into disrepute Section11 - Act to apply to other inquiring authorities in certain cases Section12 - Power to make rules

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