THE MANIPUR DEPARTMENTAL INQUIRIES (ENFORCEMENT OF ATTENDANCE OF WITNESSES AND PRODUCTION OF DOCUMENTS) (BEBE, 1989 M An mire} to provide for the enforcement ofattendance of witnesses and production of documents in certain departmental inquiries and for matters connected therewith or incidental thereto. I / Be it enacted by the Legislature of Manipur in the Fortieth Year of the Republic of India as follows 2 .
1. Short title, extent and commencement—(l) This Act may be called the Manipur Departmental Inquiries (Enforcement of Attendance of WitneSSes and Production of Documents) Act, 1989.
(2) It extends to the whole of the State of Manipur.
(3) It shall come into force at once.
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2. Departmental inquiries to which the Act shall apply:—The provisions ofthis‘Act shall apply to every departmental inquiry made in relation to—
(a) persons appointed to public services or posts in connection with theafl‘airs of the State;
(b) persons who are in the service of or hold any post under-
(i) any local authority;
(ii) any Board or Corporation (not being a company within the meaningof Companies Act, 1956) (Act 1 of 1956) owned or controlled bythe State Government;
(iii) any Government company within the meaning of section 617 of theCompanies Act, 1956 (Act 1 of 1956), in which not less than fiftyone per cent of the paid-up share capital is held by the State Govern-ment or any company which is a subsidiary of such Governmentcompany;
(iv) any society registered under the Societies Registration Act, 1860 (Act1 of 1860) or the Manipur Co-operative Societies Act, 1976 (ManipurAct 14 of 1976), which is subject to control of the State Govern-ment.
3. Definitions :—In this Act, unless the context otherwise requires,—
(a) “departmental inquiry” means an inquiry held under and in accordancewith—
(i) .any rules made under the proviSO to article 309, or continuedunder article 313 of the Constitution, or
(ii) any law made by Parliament or by the State Legislature or any rulemade under any such law, interplay; .sgation of misswuct against an» 1mm mwhomrhis Awapples:
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(b) “inquiring authority” meatw; an qficpr or authority appointed by theState Government or by any officer or authority subordinate to thatGovernment to hold departmental inquiry and includes any ofiicer orauthority who is empowered by or under any law or rule for the timebeing in force to hold such inquiry} (9» am afiemnmamtt methane vaeggggggosmlm(d) “State”'means the State of Manipur.
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~ 4% Power-oh State Government to authorise the mwm specifiediiuzsection Sz—(l) Where the State Government is of opinion thatifg: the par osesdepartmental‘in Ly it- @nt tgraimnmuiwitnasé ”lifiigiii t oriffisny haven- am: sundae . :‘ swam-e? muons it: ’maxa‘mfygfariéf"afiflronse the i'nqu‘mng authority to emogtsefihagmwtfiod‘imseetion'siihr»relation to any perSOn within such 0]“?in -, ‘ dr,~ A t ‘ stégcegit‘gfiivfié 3k§fifi§fl§3$fi$wrms authority may exercisgwympofifl an ’ $2 The pnm contened on rue 5m: Government bywb-seclial (1) ml urn mryiuchaurhnriu, inn beingan .urnerrry qmrlu the Rppni ling wunriryin nae-ion in rne perm .5 use wnnrn rne departmznlal inquiry is inning nerd. us me sure Govemmenr my. by naliflmuou in rne omit!
0mm, rpecriy in II'I hen-1r, 5 PM!" of “no!!!“ Hm, I‘Mfllv ioenlarca artemanoeolwllnems l-IMI ct humus—(l) Every inquiring nurnoriry rurhorired under reciion ‘ (hereinuner nfemd to n. rhe "nurhnrired inquiring nurhori'r‘y") shall have rheru-e powenuue vesiedinnorviieourrunderrhe Curie oICi 1 Procedure.
rm (An 5 of may whiie rryirr. r sun. in respeer of rhe roiiowing runners, y.—
(n) rhe rummoninr uid enrnrein. rne nrrendnnee or any wirners and :nmi'ning him on onrn;
(h) lequiring rhe discovery and pmdnclion or nny noonrnenr or oriree nrnrerinr which in producinie as evidence;
(a run neqrririiinning afarry yublic record fmrn any courr or mice.
(2) Norwiihmnding nnyihing contained in sub-section (Ii. rhc nuihorised inquirrngnurhnriry uinil nor compel rhe Reserve Bank of India. ihe siaxe Bank 0! Ind r, any enbsidrnry blink I: defined in clause (kiorsecriorr 2n! rne Sure Bank of in r (snhidilr) Blnl‘ryAcz,1959(ACKXXXVIlloI1958)oranyoanes-handing new Bank ccnurirrrr Ilnder nocrion 3 of ihe Rankin] Cornnnmer (Acquisirinn and ’lnnsfer cf Undertakings) Aer, 1970(Acrv or 1970).
(n) ro produce nny banks or ucoounr or other ducumcntswhich rhe Rererve am or India. rne srare Bank of rndrn, rhe suh' ‘ ry bank or rire cerrenponning new Bank einims ro he n confidennni nurure, or ([2) I0 mire my luck hnnkr nrdnenmenu a pan or the record ovrhe procudings ul rhe nepnrrmenrni inquiry, or
(c) lo give my inrpecrinn or my Inch banks or documenu, it produced In uny pally herore ir or in any orher pzrsnn.
(3) Every prncerr issued by nn unnamed inquiring nurhnriry for en:
ailzndlme or my wimuh or {or me produclinn or my document lhlll be served nnn erecurrd rhrcunir rne Dislricl ludre. wirhrn me loan] limits of mice. yurndicrion rhe wilness or arher person, nu wnonr rhe process is re he served or execnird. voinnrnrily reside: or carries on hurinecs or pennnniiy works forum and rorrhe purpose orrukin. my Icuon forth: disobedience of any eucn omen, everysuch peoneseehull he deemed ro hennrocees, inued by rhe Dismcl Judge. ulhe one any be.
a) Every uuihoriscd inquiring nnriroriry mzking :rry depnrrmenrnl inquiry under, rlrir Act skull be deemed to be lcivil cam for rhe purpose: alrecrionr Ms Ind 346 M the Code of Crimi Procedure, 1971 (An 10f 1974), 4
6. Power to make rules :——(1) The State Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.
_{(72) Every rule made under this Act shall be laid. as soon as may be V after it is made, before the House of Manipur Legislative Assembly, while it is in session, for a total period of fourteen days which may be comprised in one session or in We or more successive sessions and if, before the expiry of the session immediately t'ollowmg the session 'or the successive sessions aforesaid the House agree in making any modification in the rule or the House agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any modifications or annulment shall be with rat prejudize to the validity or anything previously done under that rule.