THE PUNJAB DEPARTMENTAL INQUIRIES (POWERS) ACT, 1958

(W.P. Act XLV of 1958)

C O N T E N T S

Sections

         1.         Short title and extent.

         2.         Power to summon witnesses and to compel production of documents.

         3.         Penalties.

         4.         Repeal.

 

[1]THE [2][PUNJAB] DEPARTMENTAL INQUIRIES (POWERS) ACT, 1958

(W.P. Act 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][the 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][the Punjab];

      It is hereby enacted as follows:-

1.   Short title and extent.— (1) This Act may be called the [5][the Punjab] Departmental Inquiries (Powers) Act, 1958.

      [6][(2)  It extends to the whole of the Province of [7][the 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 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 where the witness or the person in possession of the document, as the case may be, resides.

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.

4.   Repeal.— The West Pakistan Departmental Inquiries (Powers) Ordinance, 1958[11], is hereby repealed.

 


[1]For Statement of objects and reasons, see Gazette of West Pakistan 1958 (Extraordinary), p. 1118.

  This Act was passed by the West Pakistan Assembly on 25th April, 1958; assented to by the Governor of West Pakistan on 20th Sep., 1958; and, published in the West Pakistan Gazette (Extraordinary), dated 23rd Sep., 1958, pages 1293-94.

[2]Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.

[3]Ibid.

[4]Ibid.

[5]Ibid.

[6]Substituted by the West Pakistan Laws (Extension to Karachi) Ordinance, 1964 (VII of 1964).

[7]Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.

[8]Substituted, for “and”, by the West Pakistan Departmental Inquiries (Powers) Amendment) Ordinance, 1961 (XI of 1961).

[9]Inserted ibid.

[10]V of 1908.

[11]West Pakistan Ordinance XV of 1958.