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PUBLIC SERVANTS (INQUIRIES) ACT

Ministry of Law and Justice

Act nº 37 of 1850


  • Act nº 37 of 1850

Preamble

THE PUBLIC SERVANTS (INQUIRIES) ACT, 1850

[Act, No. 37 Of 1850]1

[1st November, 1850]

PREAMBLE

For regulating inquiries into the behaviour of Public Servants.

WHEREAS it is expedient to amend the law for regulating inquiries into the behaviour of public servants not removable from their appointments without the sanction of Government, and to make the same uniform throughout [***] India; It is enacted as follows :--

1. The short title was given to the Act by the Public Servants (Inquiries) Act (1850) Amendment Act, 1897 (1 of 1897), Section 1.


Section 1. Short title

1[1. Short title

This Act may be called the Public Servants (Inquiries) Act, 1850.

1. The short title was given to the Act by the Public Servants (Inquiries) Act (1850) Amendment Act, 1897 (1 of 1897), Section. 1 (14-1-1897).


Section 2. Articles of charge to be drawn out for public inquiry into conduct of certain public servants

Whenever the Government shall be of opinion that there are good grounds for making a formal and public inquiry into the truth of any imputation of misbehaviour by any person in the service of1[the Government, not removable from his appointment without the sanction of the Government,] it2[may] cause the substance of the imputations to be drawn into distinct articles of charge, and2[may] order a formal and public inquiry to be made into the truth thereof.

1. Substituted for the words "the East India Company not removable from his office without the sanction of the same Government" by the Public Servants (Inquiries) Act (1850) Amendment Act, 1897 (1 of 1897), Section. 3.

2. Substituted for the word "shall" by A. O., 1937 (1-4-1937).


Section 3. Authorities to whom inquiry may be committed. Notice to accused

The inquiry may be committed either to the Court, Board or other authority to which the person accused is subordinate, or to any other person or persons, to be specially appointed by the Government, commissioners for the purpose : notice of which commission shall be given to the person accused ten days at least before the beginning of the inquiry.

Section 4. Conduct of Government prosecution

When the Government shall think fit to conduct the prosecution, it shall nominate some person to conduct the same on its behalf.

Section 5. Charge by accuser to be written and verified. Penalty for false accusation. Institution of inquiry by Government

When the charge shall be brought by an accuser, the Government shall require the accusation to be reduced to writing, and verified by the oath or solemn affirmation of the accuser; and every person who shall wilfully and maliciously make any false accusation under this Act, upon such oath or affirmation, shall be liable to the penalties of perjury, but this enactment shall not be construed to prevent the Government from instituting any inquiry which it shall think fit without such accusation on oath or solemn affirmation as aforesaid.

Section 6. Security for accuser left by Government to prosecute

Where the imputations shall have been made by an accuser, and the Government shall think fit to leave to him the conduct of the prosecution, the Government before appointing the commission shall require him to furnish reasonable security that he will attend and prosecute the charge thoroughly and effectually, and also will be forthcoming to answer any counter-charge or action which may be afterwards brought against him for malicious prosecution or perjury or subornation of perjury, as the case may be.

Section 7. Power of Government to abandon prosecution and to allow accuser to continue it

At any subsequent stage of the proceedings, the Government may, if it think fit abandon the prosecution, and in such case may, if it think fit, on the application of the accuser, allow him to continue the prosecution, if he is desirous of so doing, on his furnishing such security as is hereinbefore mentioned.

Section 8. Powers of Commissioners. Their protection. Service of their process. Powers of Court, etc., acting under commission

The Commissioners shall have the same power of punishing contempts and obstructions to their proceedings, as is given to Civil and Criminal Courts by 1 [the Code of Criminal Procedure, 1898], and shall have the same powers for the summons of witnesses, and for compelling the production of documents, and for the discharge of their duty under the commission, and shall be entitled to the same protection as the Zila and City Judges, except that all process to cause the attendance of witnesses or other compulsory process, shall be served through and executed by the Zila or City Judge in whose jurisdiction the witness or other person resides, on whom the process is to be served, and if he resides within Calcutta, Madras or Bombay, then through the Supreme Court of Judicature thereto. When the commission has been issued to a Court, or other person or persons having power to issue such process in the exercise of their ordinary authority, they may also use all such power for the purposes of the commission.

1. Substituted for the word and figures "Act 30, 1841", by the Repeating and Amending Act, 1914 (10 of 1914), Section. 2 and Sch.


Section 9. Penalty for disobedience to process

All persons disobeying any lawful process issued as aforesaid for the purpose of the commission shall be liable to the same penalties as if the same had issued originally from the Court or other authority through whom it is executed.

Section 10. Copy of charge and list to be furnished to accused

A copy of the articles of charge, and list of the documents and witnesses by which each charge is to be sustained, shall be delivered to the person accused, at least three days before the beginning of the inquiry, exclusive of the day of delivery and the first day of the inquiry.

Section 11. Procedure at beginning of inquiry. Non-appearance of accused and admission of charge

At the beginning of the inquiry the prosecutor shall exhibit the articles of charge to the commissioners, which shall be openly read, and the person accused shall thereupon be required to plead "guilty" or "not guilty" to each of them, which pleas shall be forthwith recorded with the articles of charge. If the person accused refuses, or without reasonable cause neglects, to appear to answer the charge either personally or by his counsel or agent, he shall be taken to admit the truth of the articles of charge.

Section 12. Prosecutor's right of address

The prosecutor shall then be entitled to address the commissioners in explanation of the articles of charge, and of the evidence by which they are to be proved : his address shall not be recorded.

Section 13. Evidence for prosecution and examination of witnesses, Re-examination by prosecutor

The oral and documentary evidence for the prosecution shall then be exhibited; the witnesses shall be examined by or on behalf of the prosecutor and may be cross-examined by or on behalf of the person accused. The prosecutor shall be entitled to re-examine the witnesses on any points on which they have been cross-examined, but not on any new matter, without leave of the commissioners, who also may put such questions as they think fit.

Section 14. Power to admit or call for new evidence for prosecution. Accused's right to adjournment

If it shall appear necessary before the close of the case for the prosecution, the commissioners may in their discretion allow the prosecutor to exhibit evidence not included in the list given to the person accused, or may themselves call for new evidence; and in such case the person accused shall be entitled to have, if he demands it, an adjournment of the proceedings for three clear days, before the exhibition of such new evidence exclusive of the day of adjournment and of the day to which the proceedings are adjourned.