PUBLIC SERVICE ENQUIRIES (ATTENDANCE
OF WITNESSES)

1

THE PUBLIC SERVICE ENQUIRIES (ATTENDANCE
OF WITNESSES) ACT

$:$.

[Il th June, 1964.1

1. This .Act may be cited as the Public Service Enquiries Shorttitle.
(Attendance of Witnesses) Act.

2.-41) In this Act- In terpreta-
tion.

“enquiry” means any investigation or enquiry into
the conduct of an officer against whom dis-
ciplinary proceedings are instituted under any of
the enactments or regulations specified in the

“officer” means the holder of any public office and
includes any person appointed to act in any such
office;

“public office” means any office of emolument in the
public service;

“public service” means the service of the Crown in
a civil capacity in respect of the Government of
Jamaica;

“tribunal” means any person or body of persons who
conduct an enquiry.

(2) The Minister may at any time by order amend

First First Schedule; Schedule.

or vary the First Schedule.

3 . 4 1) A tribunal shall have power to summon any per- Power to
son to attend the enquiry and to give evidence or to wimesses.
produce any paper, book, record or document in the pos-
session or under the control of such person.

summon

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2 PUBLIC SERVICE ENQUIRIES (ATTENDANCE
OF WITNESSES)

(2) A summons under this section shall be in the
Second form prescribed in the Second Schedule and shall be

signed by the person constituting the tribunal or, where
the tribunal is a body of persons, by the Chairman of the
tribunal.

(3) A summons under this section may be served by
a constable.

Schedule.

Duty and 4. All persons summoned to attend and give evidence or
ofwitnesses. to produce any paper, book, record or document before a

tribunal-
(a) shall be bound to obey the summons served upon

them;
(b) shall be entitled, in respect of such evidence or

the disclosure of any communication or the pro-
duction of any such paper, book, record or docu-
ment, to the same right or privilege as before a
court of law;

(c) shall be entitled to be paid their expenses, in-
cluding travelling expenses at the rates prescribed
by the Witnesses Expenses Act for witnesses who
are entitled to have their expenses paid from
public funds :

Provided that a tribunal may disallow the whole or any

privileges

part of such expenses in any case, if it thinks fit.
c

Penaltyfor 5 . 4 1 ) Any person who-
disobedi-
ence, (a) without sufficient cause, fails or refuses to attend
disrespect or
obstruction. before a tribunal in obedience to a summons under

this Act, or fails or refuses to produce any paper,
book, record or document which he was required
by such summons to produce; or

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PUBLIC SERVICE ENQUIRIES (ATTENDANCE
OF WITNESSES)

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(b) being a witness, leaves a tribunal without the
permission of the tribunal; or

(c) being a witness, refuses, without sufficient cause,
to answer any question put to him by or with the
permission of the tribunal; or

(4 wilfully obstructs or interrupts the proceedings of
a tribunal,

shall be liable on summary conviction before a Resident
Magistrate to a fine not exceeding two hundred dollars
or in default of payment thereof to imprisonment with or
without hard labour for a term not exceeding three
months.

(2) A person shall not be convicted for failing or
refusing to attend before a tribunal unless the summons
requiring him so to attend has been served personally on
him at least three days before the day on which he is re-
quired to attend.

6. Any expenses incurred in carrying this Act into Expenses.
operation and approved by the Minister responsible for
finance shall be paid out of the Consolidated Fund.

7. No proceedings for any penalty under section 5 shall Proceedings
be commenced except by the direction of the Director of zalties.
Public Prosecutions or of the tribunal concerned.

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4 PUBLIC SERVICE ENQUIRIES (ATTENDANCE
OF WITNESSES)

FIRST SCHEDULE (Section 2)

The Judicial Service Regulations, 1961
The Public Service Regulations, 1961
The Police Service Regulations, 1961.

SECOND SCHEDULE (Section 3)

Summons to Witness
To A.B. (name of person summoned and his calling and residence, if

You are hereby summoned to appear before (here name the tribunal)
appointed to enquire (state briefly the subject of enquiry) at (place)
on the day of 19 at
o’clock, and to give evidence respecting such enquiry.

( I f the person summoned is to produce documents, add : )
And you are required to bring with you and produce (specify the

Therefore fail not at your peril.

known).

books, plans and documents required).

Given under my hand this day of 19 .

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