(1) This Act may be called the 2Telangana Departmental Inquiries (Enforcement of Attendance of Witnesses and Production of Documents) Act, 1993.
(2) It extends to the whole of the State of 2Telangana.
2. The provisions of this Act, shall apply to every Departmental inquiry made in relation to,-
(a) officers and servants of High Court and Courts subordinate to the High Court in the State;
(b) persons appointed to the judicial service of the State;
(c) persons appointed to public services or posts in connection with the affairs of the State;
(d) persons, who having been appointed to any public service or post in connection with the affairs of the State are on deputation to,-
(i) any local authority in the State;
1. The Andhra Pradesh Departmental Inquiries (Enforcement of Attendance of Witnesses and Production of Documents) Act, 1993 received the assent of the Governor on the 1st February, 1993. The said Act in force in the combined State, as on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Short title and extent.
Departmental inquiries to which the Act shall apply.
2 [Act No.7 of 1993]
(ii) any corporation (other than a local authority) established by or under any law for the time being in force and owned or controlled by the State Government;
(iii) any Government Company, within the meaning of section 617 of the 3Companies Act, 1956 in which not less than fifty one per cent of the paid-up share capital is held by the State Government or any company which is a subsidiary to such Government Company;
(iv) any society registered under the 4Societies Registration Act, 1860 or 4the Telangana Public Societies Registration Act, 1350F in its application to the State of 5Telangana which is subject to the control of the State, Government.
3. In this Act, unless the context otherwise requires-
(a) “Competent Authority” means the authority competent to appoint the Inquiring Authority;
(b) “Departmental Inquiry” means an inquiry under and in accordance with–
(i) any law made by the State Legislature or any rule made thereunder; or
(ii) any rule made under articles 229, 234 or the proviso to article 309 or continued under article 313 of the Constitution of India;
3. Now see the relevant provisions of the Companies Act, 2013 (Central Act No.18 of 2013).
4. Now see the provisions of the Telangana Societies Registration Act, 2001 (Act 35 of 2001).
5. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Definitions.
Central Act 1of 1956.
Central Act 21 of 1860.
Act I of 1350F.
[Act No.7 of 1993] 3 held into any allegation of lack of integrity against any person to whom this Act applies;
(c) “Government” means the State Government of 6Telangana;
(d) “Inquiring Authority” means an officer or authority appointed by the competent authority 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;
(e) “lack of integrity” includes bribery or corruption and any mala-fide act of omission or commission;
(f) “Notification” means notification published in the 6Telangana Gazette and the word “notified” shall be construed accordingly;
(g) “Prescribed” means prescribed by rules made under this Act;
(h) “State” means the State of 6Telangana.
4. Where in any departmental inquiry it is necessary to summon as witness or call for any document from, any person or a class or category of persons, the Inquiring Authority may exercise the power specified in section 5 in relation to any such person or a person within such class or category, at any stage of the departmental inquiry if he is authorised by order in writing in this behalf by such officer not below the rank of Secretary to Government as the State Government may, by notification in the Official Gazette designate, and different officers of such rank may be
6. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Authorisation of Inquiring authority to exercise the powers specified in section 5.
4 [Act No.7 of 1993] designated for different class or classes of departmental inquiries or for different local areas of the State.