The Odisha Disciplinary Proceedings (Summoning of Witnesses and Production of Documents) Act, 1954

The Odisha :f~}: G a z e t t e ~4m ~ -0,,_ EXTRAORDINARY PUBLISHED BY AUTHORITY ,. .. ~ ... O&IHA ·ACT . X.9'1 ·~F r "64 ,'IJIE ·.OIUSSA ~ lllSCIPIJNARY PB.OCl.EDINGS· . (SUMMONING OF WIT.NESSi'S· AN!) PRODVenoN OF DOCUMENfS) ACT, 1954 [Rtt~iv~d Ille asient ·Of .the Gorer-iwr Oil . the 1th Novtftiber · · · 1f/a:I,. first · pulJlished in ·Patt X. of 'i hi. Qrj.ssa. Qazette, . · dated the' tllth No-vember 1954] , .,. A:'N ·ACT TO COMPEL THE AITENDAN~ OF ,·W~ AN~ . .• nm· . RltODtrcnON bF .. ru1C(..TJifENTS JN DJsCJPLJN.ARY ~ .,. . ·; °i1J:oeool1NOS AGAINST . PERSONS. AnotNTED . TO · . PUBLIC SERViCES AND POsTS IN CONNECTION WITH THE AFFAIRS OF THE STATE OF 0R1SSA ~ER&¥ it .is-.. aP:ment · j~o . ~~ke ·«provisions. , for ._. ,~1~ .tbe . attendaace · of Wltnesses .and . the ·· Pfodue­ tion of · : ~ment$ .in ·'1isciplinary. · · pro~diags ttaainst persons appointed tv .. pubJk- ·servk" .and~ in co11nection with the affairs of the State of Orissa ; , .·~. , : : . It .is ~ .hereby enacted by the Legislature of the.: .. State of : 0Rs8a ! i~ . . .the . lfit\h .year of. ib.e Republic . of -- Iudia ... as follows: - · Short title, · · : ~ l~ (l):"This. .~may he called . tlie .Or~· Diseiptinary ex~t ana Ptoceedi.IJP .. ($ummonllrg ·of ·:·Wi1nefses. and .... ·~~9D·.- of commence. Documents) Act, 1954. ment, (2) It extends to the whole of the State of Orissa~ (3) It shall come into force at onee. Provisions 2. The provisions of this Act shall apply to all depart-.. to apply to mental inquiries against persons appointed to public ..._ Mpart- services and posts in connection with the affairs of the mental State of Orissa. inquuies. Defiaitione 3. In this Act, unless there is anything repugnant in the subject or context- (a) "Administrative Tribunal" means the Tribunal constituted under the Disciplinary Proceedings (Admini .. strative Tribunal) Rules, 1951 ; • I • ~ ~· .: •:ror Statement (}f Objects a.nd 1\.t>aSOU.e su 0f'i8Ba GaseUe Eitraordinary dat.d trhtl lrd ff pt.-m.l:lezi J9N, 54 (b)" Government" means the State GO'Yernmen1 (c)" Departnlenta1 Inquiry " means an inquiry held against a person under and in accordance with any law or rule made under artic1e 909 or any rule Continued under article 313 of the Constitution of India; · (d) " Inquiring Officer " means the Administrative Tribunal and includes any officer appoi~ted by the State Government or by an officer or authority subordinate to the said Government, to conduct a departmentaJ inquuiry into the conduct of a person. Poweni of 4. (l) Any inquiring officer shall have the same powors inquiririg in the matter of summoning of witnesses and compelling the offic~~ a~d - production of documents as are con.-ferred tipon the Com.mis ~~~~;a:~e sioner under section 8 of the Pub1ic Servants (Inquiries) Ac' to proceSB. Act. 1850 : xxxvn Provided that all process to cause the attendance of witnesses or production of documents or other compulaory process shall be served through and executed by the District Magistrate or the ·subdivisional Magistrate as the case may be, in whose jurisdiction tbe witness or other person resides and on whom such process is to bC served. _ (2} The provisions .of section 9 of the said Act providing for penaJty for disobedience_ to process shall apply to any process issued by ao inquiring officer as they apply to such process issued by the Commissioners af'oTesaid. S. The State' Governiilent may make rules for the purpose of giving effect to the provisions of this Act. of 18W. ---~ •