Commissions of Inquiry Act,1952
Act No : 60
Section :
Additional powers of Commission.
5.Additional powers of Commission. (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) ---------------------------------------------------------------------- 1 Ins. by Act 79 of 1971, s.5. 2 Subs. by s. 6, ibid., for certain words. 3 Ins. by Act 36 of 1986, s. 2 (w.e.f. 14-5-1986). 4 Subs. and omitted by Act 19 of 1990, s.2. --------------------------------------------------------------------- 118 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 1[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].(45 of 1860) (3)The Commission or any officer, not below the rank of a gazetted officer, specially authorised 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 such books of account or documents or take extracts or copies therefrom, 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 the 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) 2[5A. Power of Commission to utilise the services of certain officers and investigation agencies for conducting investigation pertaining to inquiry.(1) The Commission may, for the purpose of conducting any investigation pertaining to the inquiry, utilise the services,- (a) in the case of a Commission appointed by the Central Government, of any officer or investigation agency of the ---------------------------------------------------------------------- 1 Ins. by Act 79 of 1971, s. 7. 2 Ins. by s. 8, ibid. --------------------------------------------------------------------- 119 Central Government or any State Government with the concurrence of the Central Government or the State Government, as the case may be ; or (b) in the case of a Commission appointed by the State Government, of any officer or investigation agency of the State Government or Central Government with the concurrence of the State Government or the Central Government, as the case may be. (2) For the purpose of investigating into any matter pertaining to the inquiry, any officer or agency whose services are utilised under sub-section (1) may, subject to the direction and control of the Commission,- (a) summon and enforce the attendance of any person and examine him; (b) require the discovery and production of any document and (c) requisition any public record or copy thereof from any office. (3) The provisions of section 6 shall apply in relation to any statement made by a person before any officer or agency whose services are utilised under sub-section (1) as they apply in relation to any statement made by a person in the course of giving evidence before the Commission. (4) The officer or agency, whose services are utilised under sub-section (1), shall investigate into any matter pertaining to the inquiry and submit a report thereon (hereafter in this section referred to as the investigation report) to the Commission within such period as may be specified by the Commission in this behalf. (5) The Commission shall satisfy itself about the correctness of the facts stated and the conclusions, if any, arrived at in the investigation report submitted to it under sub-section (4), and for this purpose the Commission may make such inquiry (including the examination of the persons who conducted or assisted in the investigation) as it thinks fit.] 5B. Power of Commission to appoint assessors. The Commission may, for the purpose of conducting any inquiry, appoint persons having special knowledge of any matter connected with the inquiry as assessors, to assist and advise the Commission in the inquiry and the assessors shall be entitled to such travelling and other expenses as may be-prescribed.
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