Rajasthan act 028 of 1959 : The Rajasthan Disciplinary Proceedings (Summoning of Witnesses and Productions of Documents) Act, 1959

Section 1.Short title extent and commencement

(1) This Act may be called the Rajasthan Disciplinary Proceedings (Summoning of Witnesses and Production of Documents) Act, 1959.

(2) It extends to the whole of the State of Rajasthan.

(3) It shall come into force at once.

Section 2. Application of Act

This Act shall apply to all departmental inquiries against persons appointed to public services and posts in connection with the affairs of the State.

Section 3.Definitions

In this Act, unless the subject or context otherwise requires,-

(a) "departmental inquiry" means an inquiry held against a person under and in accordance with any law or rule made under article 309 or any rule continued under article 313 of the Constitution of India; and

(b) "inquiring authority" means an officer or authority appointed by the State Government or by an officer or authority subordinate to the State Government to hold a departmental inquiry into the conduct of a person and includes any officer or authority otherwise entitled as such to hold the inquiry.

Section 4.Powers of inquiring authority to enforce attendance of witnesses and compel production of documents

(1) An inquiring authority shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act V of 1908), while trying a suit, for summoning witnesses and enforcing their attendance and for compelling the production of documents.

(2) All processes issued by such inquiring authority to cause the attendance of witnesses or to compel the production of documents shall be served and executed through the District Judge ¹ [or the Collector] within whose jurisdiction the witness or other person on whom the process is to be served or executed resides ¹[or carries on business or works for gain].

1 Inserted/added by Section 2 of Rajasthan Act No. 7 of 1986, published in Rajasthan Gazette, Extraordinary, Part IV-A dated 13-02-1986.

Section 5.Power to make rules

The State Government may make rules for the purposes of giving effect to the provisions of this Act.