Article 44 - Amendment of Article 311 - Constitution (42nd Amendment) Act, 1976

Amendment of Article 311 . 44. In Article 311 of the Constitution, in clause (2), ( a ) the words and where it is proposed, after such inquiry, to impose on him any such penalty, until he has been given a reasonable opportunity of making representation on the penalty proposed, but only on the basis of the evidence adduced during such inquiry shall be omitted ; ( b ) for the words Provided that this clause shall not apply , the following shall be substituted , namely: Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed: Provided further that this clause shall not apply . ************** NOTES:- 1. Shall come into force, w.e.f. 3rd day of January 1977 vide G.S.R. 2(E), dated 3-1-1977.