Commission of Enquiries Act, 1952

(1) This Act may be called the Commissions of Inquiry Act, 1952. (2) [Note: Subs. By Act 79 of 1971, sec. 2 for sub-sec. (2)] It extends to the whole of India : Provided that it shall apply to the State of Jam and Kashmir only in so far as it relates to inquiries pertaining to matters relatable to any of the entries enumerated in List 1 or List III in the Seventh to the Constitutions as applicable to that State. (3) It shall come into force on such date [Note: 1st October, 1952 , vide Notification No. S.R.O.1670, dated the 30th September, 1952 , Gazette of India, Extra., Pt. II, sec. 3, p. 861. This Act, as amended by Act 79 of 1971, came into force in the state of Jammu and Kashmir on 6-3-1972 and in the districts of Kohima and Mokokchung in the state of Nagalnd on 15-2-1972, vide Notification Nos. 94(E), dated 4th March, 1972 and 74(E), dated 14th February, 1972 respectively, issued under section 15 of Act 79 of 1971.] as the Central Government may, by notification in the Official Gazette, appoint.

In this Act, unless the content otherwise requires- (a) " appropriate Government" means- ( i ) the Central Government, in relation to a Commission appointed by it to make an inquiry into any matter relatable to any of the entries enumerated in List 1 or List III in the Seventh Schedule to the Constitution , and (ii) the State Government, in relation to a Commission appointed by it to make an inquiry into any matter relatable to any of the entries enumerated in List II or List III in the Seventh Schedule to the Constitution. [Note: Added by Act 79 of 1971, sec. 3.] Provided that in relation to the State of Jammu and Kashmir , these clauses shall have effect subject to the modification that- in sub clause (I) thereof, for the words and figures "List 1 or List II or List III in the Seventh Schedule to the Constitution" , the words and figures, List 1 or List III in the Seventh Schedule to the Constitution as applicable to the State of Jammu and Kashmir" shall be substituted. In sub clause- (ii) thereof, for the words an figures "List II or list III in the Seventh Schedule to the Constitution, the words and figures "List III in the Seventh Schedule to the Constitution as applicable to the State of Jammu and Kashmir " shall be substituted. "Commission" means a Commission of Inquiry appointed under Section 3 " prescribed " means prescribed by rules made under this Act.

(1) The appropriate Government may, if it is of opinion that it is necessary so to do, and shall, if resolution in this behalf is passed by ( [ Note : Subs. by Act 19 of 1990, sec 2, for certain words.] each House of Parliament or, as the case may be, the Legislature of the State, by notification in the Official Gazette, appoint a Commission of Inquiry for the purpose of making an inquiry into any definite matter of public importance and performing such functions and with such time as may be specified in the notification, and the Commission so appointed shall make the inquiry and perform the functions accordingly. Provided that where any such Commission has been appointed to inquire into any matter- a . by the Central Government, no State Government shall, except with the approval of the Central Government, appoint another Commission to inquire into the same mater for so long as the Commission appointed by the Central Government is functioning. b . by a State Government, the Central Government shall not appoint another Commission to inquire into the same matter for so long as the Commission appointed by the State Government is functioning, unless the Central Government is of opinion that the scope of the inquiry should be extended to two or more States. 2. The Commission may consist of one or more members appointed by the appropriate Government, and where the Commission consists of more than one members , one of them may be appointed as the Chairman thereof. 3. [ Note : Ins by Act 79 of 1971, sec.5.] The appropriate Government may, at any stage of an inquiry by the Commission fill any vacancy which may have arisen in the office of a member of the Commission (whether consisting of one or more than one member). 4. The appropriate Government shall cause to be laid before ( [ Note : Subs. by Act 19 of 1990, sec 2, for certain words.]each House of Parliament, or, as the case may be, the Legislature of the State), the report, if nay, of the Commission on the inquiry made by the Commission under sub section (1) together with a memorandum of the action taken thereon, within a period of six months of the submission of the report by the Commission to the appropriate Government. [ Note : Sub section (5) and (6) omitted by Act 19 of 1990, sec. 2, which were inserted by Act 36 of 1986, sec. 2 ( w.e.f . 14-5-1986 ).

The Commission shall have the powers of a

(1) Where the appropriate Government is of opinion that, having regard to the nature of the inquiry to be made and other circumstances of the case, all or any of the provisions of sub section (2) or sub section (3) or sub section (4) or sub section (5) should be made applicable to a Commission, the appropriate Government may, by notification in the Official Gazette, direct that all or such of the said provisions as may be specified in the notification shall apply to that Commission and on the issue of such a notification, the said provisions shall apply accordingly. (2) The Commission shall have power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as, in the opinion of the Commission, may be useful for, or relevant to, the subject matter of the inquiry [(Note:- Ins. by Act 79 of 1971, sec.7) and any person so required shall be deemed to be legally bound to furnish such information within the meaning of section 176 and section 177 of the Indian Penal Code, 1860 (45 of 1860)]. (3) The Commission or any officer, not below the rank of a Gazetted Officer, specially authorized in this behalf by the Commission may enter any building or place where the Commission has reason to believe that any books of account or other documents relating to the subject matter of the inquiry may be found, and may seize any books of accounts or documents or take extracts or copies there from, subject to the provisions of section 102 and section 103 of the Code of Criminal Procedure, 1898 (5 of 1898), in so far as they may be applicable. (4) The Commission shall be deemed to be a civil court and when any offence as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code (45 of 1860) is committed in the view or presence of the Commission, the Commission may, after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1898 (5 of 1898), forward the case to a magistrate having jurisdiction to try the same and the magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under section 482 of the Code of Criminal Procedure, 1898. (5) Any proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860).

Commission - No statement made by a person in the course of giving evidence before the Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement. Provided that the statement is made in reply to a question which he is required by the Commission to answer, or

notified - [Note: Subs. by Act 79 of 1971, sec. 10, for sec. 7.] (1) The appropriate Government may, by notification in the Official Gazette, declare that- (a) a Commission other than a Commission appointed in pursuance of a resolution passed by ( [ Note: Subs. by Act 19 of 1990, sec. 3, for certain words] each House of Parliament or, as the case may be, the Legislature of the State) shall cease to exist, if it is of opinion that the continued existence of the Commission is unnecessary. (b) a Commission appointed in pursuance of a resolution passed by ( [ Note: Subs. by Act 19 of 1990, sec. 3, for certain words] each House of Parliament or, as the case may be, the Legislature of the State shall cease to exist if a resolution for the discontinuance of the Commission is passed by ( [ Note: Subs. by Act 19 of 1990, sec. 3, for certain words] each House of Parliament or, as the case may be, Legislature of the State. (2) Every notification issued under sub section (1) Shall specify the date from which the Commission shall cease to exist and on the issue of such notification, the Commission shall cease to exist with effect from the date specified therein.

The commission shall, subject to any rules that may be made in this behalf, have power to regulate its own procedure (including the fixing of places and times of its sittings and deciding whether to sit in public or in private) [Note: certain words omitted by Act 79 of 1971, sec. 11.]

No suit or other legal proceeding shall lie against the appropriate Government, the Commission or any member thereof, or any person acting under the direction either of the appropriate Government or of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or orders may thereunder or in respect of the publication, by or under the authority of the appropriate government or the Commission, of any report, paper or proceedings.

Every member of the Commission and every officer appointed or authorized by the Commissioner in exercise of functions under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal code, 1860 (45 of 1860).

authorities in certain cases - Where any authority (by whatever name called), other than a Commission appointed under section 3, has been or is set up under any resolution or order of the appropriate Government for the purpose of making an inquiry into any definite matter of public importance and that Government is of opinion that all or any of the provisions of this Act should be made applicable to that authority, that Government may, subject to the prohibition contained in the proviso to sub section (1) of section 3, by notification in the Official Gazette, direct that the said provisions of this Act shall apply to that authority, and on the issue of such a notification that authority shall be deemed to be a Commission appointed under Section 3 for the purposes of this Act.

(1) The appropriate Government may, by notification in the Official Gazette, make rules to carry out the purpose of this Act. a. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- the term of office and the conditions of service of the members of the Commission b . the manner is which inquires may be held under this Act and the procedure to be followed by the Commission in respect of the proceedings before it. c. The powers of civil court which may be vested in the Commission( cc) [ Note: Ins. by Act 79 of 1971, sec. 14.] The traveling and other expenses payable to assessors appointed under section 5B, and to person summoned by the Commission to give evidence or to produce documents before it. d . any other matter which has to be, or may be, prescribed. (3) [Note: Subs. by Act 4 of 1986, sec2 and sch ., for certain words ( w.e.f . 15-5-1986)] Every rule made by the Central Government under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or ( in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid) both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. (4) [Note: Ins. by Act 4 of 1986, sec2 and sch ., (w.e.f. 15-5-1986) ] Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before the Legislature.