able without the sanction of Government, and to make the same uniform throughout the territories under the Government of the East India Company; it is enacted as follows:

I. Repealed by Act XIV. of 1870.

II. 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 of the East India Company not removable from his office without the sanction of the same Government, it shall cause the substance of the imputations to be drawn up into distinct articles of charge, and shall order a formal and public inquiry to be made into the truth thereof.

III. 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.

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

V. When the charge shall be brought by an accuser, the Government shall require the accusation to be reduced to writ ing, 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.

give security.

VI, Where the imputations shall have been made by an Private prosecutor to 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. VII. At any subsequent stage of the proceedings, the. allow Government may, if it think fit, abandon the prosecution, accuser to continue and in such cases 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 herein before mentioned.

Govt. may abandou prosecution at any stage and

it.

Powers of commis

sioners in respect

of summons, &c.

VIII. The commissioners shall have the same power of to contempts, issue punishing contempts and obstructions to their proceedings, as is given to civil and criminal courts by Act XXX. of 1841, and shall have the same powers for the summoning 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 zillah 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 zillah 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 there. 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.

Peralties for dis

cess.

IX. All persons disobeying any lawful process issued as obedience of pro- aforesaid for thepurposes 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. X. A copy of the articles of charge, and list of the cused before trial. 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.

List of charges, &c. to be delivered to ac

Charge to be exhibited and accuser

XI. At the beginning of the inquiry, the prosecutor required to plead 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 forth with 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.

31

to it in default to be taken to admit its truth.

plain charges.

XII. The prosecutor shall then be entitled to address Prosecutor may exthe 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.

for pro

secution to be exhibited liable to cross-examination,

&c.

XIII. The oral and documentary evidence for the pro- Evidence secution shall then be exhibited: the witnesses shall be examined by or on behalf of the prosecutor, and may be crossexamined 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.

evidence may be taken.

XIV. If it shall appear necessary before the close of the With permission new 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 demand 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.

or written.

XV. When the case for the prosecution is closed, the Defence may be oral person accused shall be required to make his defence, orally or in writing, as he shall prefer. If made orally, it shall not be recorded; if made in writing, it shall be recorded, after being openly read, and in that case a copy shall be given at the same time to the prosecutor.

XVI. The evidence for the defence shall then be ex- Evidence for defence hibited, and the witnesses examined, who shall be liable to

cross-examination and re-examination, and to examination

to be exhibited and liable to crossexamination.

Witness to be examin

ed on oath and

evidence.

by the commissioners according to the like rules as the witnesses for the prosecution.

XVII. All witnesses, either for the prosecution or prosecutor may give defence, shall be examined on oath, or, if exempt from taking an oath in courts of justice, on solemn affirmation, to' be administered in either case by one of the commissioners, and every witness so examined and wilfully giving false evidence on any material point, shall be deemed guilty of and liable to the penalties of perjury. When the prosecution is not conducted on behalf of Government, the prosecutor may himself give evidence for the prosecution and may be examined for the defence.

Notes of evidence to be taken and read to witness.

Prosecutor entitled to

XVIII. The commissioners or some person appointed by them, shall take notes in English of all the oral evidence, which shall be read aloud to each witness by whom the same was given, and if necessary, explained to him in the language in which it was given, and shall be recorded with the proceedings.

XIX. If the person accused makes only an oral defence, reply if accused makes defence and and exhibits no evidence, the inquir shall end with his exhibits evidence. defence; if he records a written defence, or exhibits evidence, the prosecutor shall be entitled to a general oral reply on the whole case, and may also exhibit evidence to contradict any evidence exhibited for the defence, in which case the person accused shall not be entitled to any adjournment of the proceedings, although such new evidence was not included in the list furnished to him.

XX. When the commissioners shall be of opinion that the articles of charge, or any of them, are not drawn with sufficient clearness and precision, the commissioners may, in their discretion, require the same to be amended, and may thereupon, on the application of the person accused, cdjourn the inquiry for a reasonable time. The commissioners may also, if they think fit, adjourn the inquiry from time to time, on the application of either the prosecutor or the person accused, on the ground of the sickness or unavoidable absence of any witness or other reasonable cause. When such application is made and refused, the commis

sioners shall record the application, and their reasons for

refusing to comply with it.

XXI. After the close of the inquiry, the commissioners Proceedings to be re shall forthwith report to Government their proceedings un- ported to Govern⚫der the commission, and shall send with the record thereof

their opinion upon each of the articles of charge separately, with such observations as they think fit on the whole case.

ment.

ther evidence to be
taken or
charges framed.

new

XXII. The Government, on consideration of the report Govt. may order furof the commissioners, may order them to take further evidence, or give further explanation of their opinions. It may also order additional articles of charge to be framed, in which case the inquiry into the truth of such additional articles shall be made in the same manner as is herein directed with respect to the original charges. When special commissioners have been appointed, the Government may also, if it thinks fit, refer the report of the commissioners to the court or other authority to which the person accused is subordinate, for their opinion on the case; and will finally. pass such orders thereon as appear just and consistent with its powers in such cases.

XXIII. The word 'Government' as used in this Act, Government defined. means the Governor General in Council, the Governor or Deputy Governor of the Presidency of Fort William in Bengal, the Governor in Council of the Presidencies of Fort St. George and Bombay respectively, and the Lieutenant Governor of the North-Western Provinces of Bengal, whose sanction is necessary for the removal of the person accused.

XXIV. Repealed by Act XVI. of 1868.

of Government to remove

XXV. Nothing in this Act shall be construed to affect Nor affect authority the authority of Government, for suspending or removing any public servant for any cause without an enquiry under this Act.

any servants without enquiry.