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Section 4: Power of State Government to authorise the exercise of powers specified in section 5

The Karnataka Departmental Inquiries (Enforcement of Attendance of Witnesses, Production of Documents and Miscellaneous Provisions) Act, 19…State Act of Karnataka · Act 29 of 1981

(1) Where the State Government is of opinion that for the purposes of any departmental inquiry it is necessary to summon as witness any person belonging to, or call for any document from, any class or category of persons, it may, by order authorise the enquiring authority to exercise the powers specified in section 5 in relation to any person within such class or category and thereupon the inquiring authority may exercise such power at any stage of the departmental inquiry:

1[Provided that where an officer on the staff of the Lokayukta is the inquiring authority, he may exercise the powers specified in section 5, without any such authorisation.]1

1. Inserted by Act 28 of 1986 w.e.f. 06.06.1986

(2) The power conferred on the State Government by sub-section (1) may also be exercised by,- 1[(a) xxx]1

1. Omitted by Act 28 of 1986 w.e.f. 06.06.1986

(b) the High Court of Karnataka, if the person against whom the departmental inquiry is being held is subject to the control of the High Court of Karnataka under Article 235 of the Constitution;

(c) the Chief Justice of Karnataka if the person against whom the departmental inquiry is being held is an officer or servant of the High Court of Karnataka;

(d) such authority not being an authority inferior to the appointing authority in relation to the person against whom the departmental inquiry is being held, as the State Government may, by notification in the official Gazette, specify in this behalf.

Where this provision sits

ActThe Karnataka Departmental Inquiries (Enforcement of Attendance of Witnesses, Production of Documents and Miscellaneous Provisions) Act, 1981
Section4
Marginal notePower of State Government to authorise the exercise of powers specified in section 5
JurisdictionState of Karnataka
StatusIn force as published by the source

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