Amendment status not verified — confirm the current text below against the official source.
For the purposes of this Act,— (4) "departmental proceedings" mean proceedings held under and in accordance with— (i) any law made by Parliament or by the State Legislature or any rule made under any such law, 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, insubordination or dereliction of duty in any manner whatsoever, against any person to whom this Act applies; (b) "inquiring authority" means an officer or authority appointed by the State Government or by any officer or authority subordinate to that Government to hold departmental proceedings 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. Power of 4. (1) Where the State Government is of opinion that for the State Govern- purposes of any departmental proceedings it is necessary to summon as ment to authorise witnesses, or call for any document from, any class or category of the exercise persons, it may, by notification in the Official Gazette, authorise the of powers specified in inquiring authority to exercise the power specified in section 5 in relation section on 5. to any person within such class or category and thereupon the inquiring authority may exercise such power at any stage of the departmental proceedings. (2) The power conferred on the State Government by sub-section (1) may also be exercised by such authority, not being an authority inferior to the appointing authority in relation to the person against whom the departmental proceedings are being held, as the State Government may, by notification in the Official Gazette, specify in this behalf. 98 The Departmental Proceedings (Enforcement of Attendance of Witnesses and Production of Documents) Act, 1973. XXIV of 1973.] (Sections 5,6.)