THE DEPARTMENTAL INQUIRES (ENFORCEMENT OF ATTENDANCE OF

WITNESSES AND PRODUCTION OF DOCUMENTS) ACT, 1972

An Act to provide for the enforcement of attendance of witness and production of documents in
certain departmental inquiries and for matters connected therewith or incidental thereto.
Be it enacted by Parliament in the Twenty-third Year of the Republic of India as follows:
1. Short tt!" #$% "&t"$t. ' ?This Act may be called the Departmental Inuiries !"nforcement of
Attendance of #itnesses and Production of Documents$ Act% &'()*
)* It e+tends to the whole of India e+cept the ,tate of -ammu and .ashmir*
2. D"(#rt)"$t#! $*+r", to -h.h th" A.t ,h#!! #((!/. ' ?The pro/isions of this Act shall
apply to e/ery departmental inuiry made in relation to ?
!a$? persons appointed to public ser/ices or posts in? connection with the affairs of the 0nion1
!b$? persons who% ha/in2 been appointed to any public ser/ice or post in connection with the
affairs of the 0nion% are in ser/ice or pay of% ?
!i$?? any local authority in any 0nion territory1
!ii$? any corporation established by or under a 3entral Act and owned or controlled by the 3entral
4o/ernment1
!iii$? any 4o/ernment? company within the meanin2 of ,ection 5&( of the 3ompanies Act% &'65
!& of &'65$% in which not less than fifty-one per cent of the paid-up share capital is held by the
3entral 4o/ernment of any company which is a subsidiary of such 4o/ernment company1
!i/$? any society re2istered under the ,ocieties Re2istration Act% &758 !)& of &758$% which is
sub9ect to the control of the 3entral 4o/ernment*
0. D"1$to$. ' ?:or the purposes of this Act ?
!a$? ?departmental inquiry? means an inuiry held under and in accordance with ?
!i$? any law made by Parliament or any rule made thereunder% or
!ii$? any rule made under the pro/iso to Article ;8'% or continued under Article ;&; of the
3onstitution of India%
into any alle2ation of lac< of inte2rity a2ainst any person to whom this Act applies1
!b$? ?inquiring authority? means an officer or authority appointed by the 3entral 4o/ernment or
by any officer or authority subordinate to that 4o/ernment to hold a departmental inuiry and
includes any officer or authority who is empowered by or under any law or rule for the time bein2
in force to hold such inuiry1
!c$? ?lack of integrity? includes bribery or corruption*
2. Po-"r o1 C"$tr#! 3o4"r$)"$t to #+thor," th" "&"r.," o1 (o-"r ,(".1"% $ S".to$
5. ' ?!&$ #here the 3entral 4o/ernment is of opinion that for the purposes of any departmental
inuiry it is necessary to summon as witnesses or call for any document from any class or
cate2ory of persons% it may% by notification in the =fficial 4a>ette1 authorise the inuirin2 authority
to e+ercise the power specified in ,ection 6 in relation to any person within such class or
cate2ory and thereupon the inuirin2 authority may e+ercise such power at any sta2e of the
departmental inuiry*
!)$ The power conferred on the 3entral 4o/ernment by sub-section !&$ may also be e+ercised by
such authority% not bein2 an authority inferior to the appointin2 authority in relation to the person
a2ainst whom the departmental inuiry is bein2 held% as the 3entral 4o/ernment may% by
notification in the =fficial 4a>ette% specify in this behalf*
5. Po-"r o1 #+thor,"% $*+r$6 #+thort/ to "$1or." #tt"$%#$." o1 -t$",,", #$%
(ro%+.to$ o1 %o.+)"$t,. ' ?!&$ "/ery inuirin2 authority authorised under ,ection ? !hereafter
referred to as the ?authorised inuirin2 authority?$ shall ha/e the same powers as are /ested in a
ci/il court under the 3ode of 3i/il Procedure% &'87 !6 of &'87$% while tryin2 a suit% in respect of
the followin2 matters% namely:
!a$? the summonin2 and enforcin2 the attendance of any witness and e+aminin2 him on oath1
!b$? reuirin2 the disco/ery and production of any document or other material which is producible
as e/idence1
!c$? the reuisitionin2 of any public record from any court or office*
!)$ @otwithstandin2 anythin2 contained in sub-section !&$% the authorised inuirin2 authority shall
not compel the Reser/e Ban< of India% the ,tate Ban< of India% any subsidiary ban< as defined in
clause !<$ of ,ection ) of the ,tate Ban< of India !,ubsidiary Ban<s$ Act% &'6' !;7 of &'6'$% or
any correspondin2 new ban< constituted under ,ection ; of the Ban<in2 3ompanies !Acuisition
and Transfer of 0nderta<in2s$ Act% &'(8 !6 of &'(8$ ?
!a$? to produce any boo<s of account or other documents which the Reser/e Ban< of India% the
,tate Ban< of India% the subsidiary ban< or the correspondin2 new ban< claims to be of a
confidential nature% or
!b$? to ma<e any such boo<s or documents a part of the record of the proceedin2s of the
departmental inuiry% or
!c$? to 2i/e inspection of any such boo<s or documents% if produced% to any party before it or to
any other person*
!;$ "/ery process issued by an authorised inuirin2 authority for the attendance of any witness or
for the production of any document shall be ser/ed and e+ecuted throu2h the District -ud2e
within the local limits of whose 9urisdiction the witness or other person% on whom the process is to
be ser/ed or e+ecuted% /oluntarily resides or carries on business or personally wor<s for 2ain%
and for the purpose of ta<in2 any action for the disobedience of any such process% e/ery such
process shall be deemed to be a process issued by the District -ud2e*
!?$ "/ery authorised inuirin2 authority ma<in2 any departmental inuiry under this Act shall be
deemed to be a ci/il court for the purposes of
i
[1] A,ections ?78 and ?7) of the 3ode of 3riminal
Procedure% &7'7 !6 of &7'7$B*
7. T"rrtor#! !)t, $ -h.h (o-"r, ,(".1"% $ S".to$ 5 )#/ 8" "&"r.,"%. ' ?:or the
purpose of e+ercisin2 the powers specified in ,ection 6% the territorial 9urisdiction of e/ery
authorised inuirin2 authority shall e+tend to the limits of the territory to which this Act e+tends*
7. Po-"r to )#9" r+!",. ' ?!&$ The 3entral 4o/ernment may% by notification in the =fficial
4a>ette% ma<e rules for the purpose of 2i/in2 effect to the pro/isions of this Act*
!)$ "/ery rule made by the 3entral 4o/ernment under this section shall be laid% as soon as may
be after it is made% before each Couses of Parliament while it is in session for a total period of
thirty days which may be comprised in one session or in two or more successi/e sessions% and if%
before the e+piry of the session immediately followin2 the session or the successi/e sessions
aforesaid% both Couses a2ree in ma<in2 any modification in the rule or both Couses a2ree that
the rule should not be made% the rule shall thereafter ha/e effect only in such modified form or be
of no effect% as the case may be1 so% howe/er% that the modification or annulment shall be without
pre9udice to the /alidity of anythin2 pre/iously done under that rule
i