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Section 3: Definitions.

The Maharashtra Departmental Inquiries (Enforcement of Attendance of Witnesses and Production of Documents) Act, 1986.State Act of Maharashtra · Act 29 of 1986

In this Act, unless the context otherwise requires,-

(a) "departmental inquiry" means an inquiry held under and in accordance with,-

(i) any law made by the State Legislature or any rule made thereunder; or

(ii) any rule made under the proviso to article 309, or continued under article 313 of the Constitution of India,

into any allegation of lack of integrity against any person to whom this Act applies;

(b) "Inquiring Authority" means [an officer or authority who intends or is directed to hold any preliminary inquiry or] an officer or authority appointed by the State Government or by any officer or authority subordinate to that Government to hold a departmental inquiry and includes any officer or authority who is empowered by or under any law or rule for the time being in force to hold such inquiry;

(c) "lack of integrity" includes bribery or corruption, and mala fide act of omission or commission;

[(c-i) "Preliminary inquiry" means an inquiry held to collect the material facts and evidence to ascertain the truthfulness or otherwise of the allegations made against any person referred to in section 2, so as to enable the authority concerned to decide whether or not there exists a prima facie case to order holding of a departmental inquiry against such person;]

(d) "prescribed" means prescribed by rules made under this Act.

Where this provision sits

ActThe Maharashtra Departmental Inquiries (Enforcement of Attendance of Witnesses and Production of Documents) Act, 1986.
Section3
Marginal noteDefinitions.
JurisdictionState of Maharashtra
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • inserted, Mah. 19 of 1994. These words were inserted by Mah. 19 of 1994, s. 3(a).
  • inserted, Mah. 19 of 1994. This clause was inserted by Mah. 19 of 1994, s. 3(b).

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