The commission shall not include any comment in a report of an enquiry into the matter specified in a commission that is adverse to a person who is identifiable from the report, unless the commission acts in accordance with this section. The commission of inquiry act to summon and enforce the attendance of any person from any part of india, and to examine him on oath. Apr 08, 2015 the inquiry made by a commission of inquiry under the act of 1952 is not a judicial or quasijudicial inquiry. Duties of commissioners the commissioners shall, after taking the oath, make a full faithful and impartial inquiry into the matter specified in their commission, and shall conduct such inquiry in. The enquiry commission was appointed under the commissions of inquiry act, 1952 which extends to the whole of india. Inquiries and investigation by administration academike. We have also provided an additional section consisting of miscellaneous articles to help readers understand every aspect of administrative law. Parliament enacted the commissions of inquiry act, 1952, which authorises the central and state governments to appoint inquiry commissions to make inquiries.
Commission of enquiries act, 1952 60 of 1952 14th august, 1952. Nov 07, 2017 short title, extent and commencement 1 this act may be called the commissions of inquiry act 1952 2 it extends to the whole of india. Commissions of inquiry economic and political weekly. Sep 03, 2020 statement of objects and reasons of amending act 79 of 1971. Appointment of commission 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. Inquiries and investigation by administration academike lawctopus.
Nov 17, 2018 important judgments on commission of inquiry act supreme court in ram krishna dalmia v. Commissions of enquiry act ministry of justice government. Hence, the need was felt that a suitable act is brought out on the subject, which results in the introduction of the commissions of inquiry bill, 1952 in the parliament. Act to apply to other inquiring authorities in certain cases 12. Jul 27, 2014 the commissions of inquiry act was enacted on august 14, 1952 for the purpose of appointing commissions of inquiry and to impose certain functions and powers on such commissions. Public inquiry the commission of inquiry shall be made in public in the following form. In this act, unless the contrary intention appears commission means a commission of inquiry appointed under section 2. This act may be cited as the commissions of inquiry act. Short title, extend and commencement 1 this act may be called the commissions. Commissions act 8 of 1947 afrikaans text signed by the. Each commissioner appointed under this act shall make and subscribe an oath that he will faithfully, fully, impartially and.
Whereas for a period of nearly two decades the people of uganda. Provided that it shall apply to the state of jammu and kashmir only in so far as it relates to inquiries pertaining to matters relatable to any of the entries enumerated in list i or list iii in the seventh schedule the constitution as applicable to. The commission of enquiry is appointed for the purpose of making an inquiry into any definite matter of public importance and perform such functions accordingly. Pdf an inquiry into the role of commissions of inquiry in. Subsection 4 of section 3 of the commissions of inquiry act, 1952 provides that the appropriate government shall cause to be laid before the house of the people or, as the case may be, the legislative assembly of the state, the report, if any, of any commission on the inquiry made by it together with a memorandum of the action taken thereon. Amendment act 36 of 1986statement of objects and reasons. Commission of enquiries act, 1952 bare acts law library. An act to provide for the appointment of commissions of inquiry and for vesting such commissions with certain powers. 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 subjectmatter of the inquiry 11 and any person so required shall be deemed to be legally bound to furnish. Professor of public international law, grotius centre for international legal studies. Commission of enquiries act, 1952 mylegalwork online. A commission issued under this act shall not lapse by reason of, or be otherwise affected by, the death, absence or removal of the president issuing the same.
Commissions of inquiry act an act to enable the president to issue commissions of inquiry with special powers. Petition requesting for appointment of a commission of inquiry under the commissions of inquiry act, 1952 to investigate the illegal approval of drugs by the central drug standards control organization dear mr. The commissions of inquiry amendment act, 1971 79 of 1971 2. In exercise of the powers conferred by section 12 of the commissions of inquiry act, 1952 60 of 1952, the central government hereby makes the following rules, namely. Commissions of inquiry act 1935 and generally to perform such duties connected with such enquiry as the commissioners may prescribe. To make provision for conferring certain powers on commissions appointed by the. First, the initiative in the appointment of a commission of inquiry rests entirely with. An act to enable the governor to issue comissions of enquiry, with special powers. Commission of inquiry under the commission of inquiry act or simply invoke its executive power to do so. The commission was to report by 31 december 1977, but was later given an extension to 30 june 1978. This act is made for the appointment of commissions to inquire into matters which are related or concerned or. Commission of inquiry is a union or state government ordered public inquiry either by executive notice or by making ad hoc legislation. The commissions of inquiry amendment act, 1988 63 of 1988 5.
The commission of inquiry amendment act, 1986 36 of 1986 4. An act to provide for the appointment of commissions of inquiry and for vesting such commissions with. Rules governing proceedings of the judicial commission of inquiry into allegations of state capture, corruption and fraud in the public sector including organs of state 41774. Section 3 of this act provides for appointment for commission. The government appointed the commission on 28 may 1977 under section 3 of the commissions of inquiry act, 1952. Taking into account the importance of the act and the need for a proper system of inquiries.
Administrative law notes, case laws and study material. The commission of inquiry act 1952 law commission of india. Commission the power to order a police investigation into any matter coming before it. The inquiry made by a commission of inquiry under the act of 1952 is not a judicial or quasijudicial inquiry. Commissions of inquiry in nepal international commission. The commissions of inquiry act, 1952, section 31 the commissions of inquiry act, 1952, section 32 commissions of inquiry, their limitations, by j b monteiro. The commission of inquiry act, 1952 object and scope legal bites. Introduction before the enactment of commissions of inquiry, act, 1952, the government ordered public inquiry either by executive notice under the public. On 6 march 2002, the government of gujarat appointed a commission of inquiry under section 3 of the commissions of inquiry act, 1952 to investigate into the godhra train burning incident, the subsequent riots and the adequacy or lack thereof of the administrative measures taken to prevent and deal with the disturbances that followed, both in.
Commission of inquiry is a union or state government ordered public inquiry either by. First, the initiative in the appointment of a commission of inquiry rests entirely with the executive. Petition requesting for appointment of a commission of. The pakistan commissions of inquiry act, 2017 national assembly.
An act to regulate certain matters relating to or connected with elections to the offices of president and vicepresident of india. Parliament enacted the commissions of inquiry act, 1952, which authorises the central and state governments to appoint inquiry commissions to make inquiries in the definite matters of public importance. Penalty for acts calculated to bring the commission or any member thereof into disrepute. Subsection 4 of section 3 of the commissions of inquiry act, 1952 provides that the appropriate government shall cause to be laid before the house of the people or, as the case may be, the legislative assembly of the state, the report, if any, of any commission on the inquiry made by. The commissions of inquiry act, 1952 a ct n o 60 of 19521 14th august, 1952. The commissions of inquiry act, 1952, section 4 air 1958 sc 538 afterthoughts on the mundhra affair ashok h desai, economic and political weekly. Its only function is to investigate facts and record its findings thereon and then to report to the government in order to enable it to make up its mind as to what legislative or administrative measures should be adopted to eradicate.
The circumstances in which the commissions of inquiry act, 1952, was referred to the law commission may be briefly stated. Prime minister, sir, by way of introduction, i am an overseas citizen of india oci and was the whistleblower in the ranbaxy case. Commissions of inquiry act 1951, being an act to provide for commissions of inquiry. Commissions of inquiry act, 1952 60 of 1952 list of amending acts 1. Commissions of inquiry act seychelles legal information. This act is made for the appointment of commissions to inquire into matters which are related or concerned or affects the public at large. Application of this act with reference to commissions appointed by the. Such information is needed as feedback for policy making by the government. Certain difficulties and deficiencies experienced in the working of the commissions of inquiry act, 1952 were referred to the law commission for suggesting suitable amendments to the act.
The application of the act extends o the state of jammu and kashmir in matters relating to the inquiry conducted by the commission appointed under the act. The commission of inquiry act, 1952 is an act to provide for the appointment of commissions of inquiry and for vesting such commissions with certain powers. Inquiry act, 1952, was referred to the law commission law com. What is the importance of the commission of inquiry act, 1952. The delegated legislation provisions amendment act, 1985 4 of 1986 3. The commission of inquiry act, 1952 object and scope. An act to provide for the appointment of commissions of inquiry and for vesting such. Rules regulations notifications orders circulars statutory ordinance statutes. Commission of enquiries act 1952 60 of 1952 14th august, 1952 an act to provide for the appointment of commissions of inquiry and for vesting such commissions with certain powers. The circumstances in which the commissions of reference to. The commissioner of inquiry act, 1952 government of assam. Commissions act 8 of 1947 south african government. Nov 26, 2020 the five modules of our study material cover a variety of topics such as separation of powers, diceys concept of rule of law, administrative tribunals and the commission of inquiry act, 1952.
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