COMMISSIONS OF INQUIRY ACT, 1952

S.1 Short title, extent and commencement

       (1) This Act may be called the Commissions of Inquiry Act, 1952.
       1[(2) It extends to the whole of India:
       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 to the Constitution as applicable to that State.]
       (3) It shall come into force on such date2as the Central Government may, by notification in the Official Gazette, appoint.
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       1 . Substituted by Act 79 of 1971, section 2, for sub-section (2).
       2 . 1st October, 1952, vide Notification No. S.R.O. 1670, dated the 30th September, 1

S.2 Definitions

       In this Act, unless the context 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 I or List II 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:
       1[Provided that in relation to the State of Jammu and Kashmir, these clauses shall have effect subject to the modification that--
       (a) in sub-clause (i) thereof, for the wor

S.2(a) Construction of references to laws not in force in the State of Jammu and Kashmir

       Any reference in this Act to a law, which is not in force in the State of Jammu and Kashmir, shall, in relation to that State, be construed as a reference to the corresponding law, if any, in force in that State.]
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        1.Inserted by Act 79 of 1971, section 4.

S.3 Appointment of Commission

       (1) The appropriate Government may, if it is of opinion that it is necessary so to do, and shall, if a resolution in this behalf is passed by1[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 within 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 matter for so long as the Commissi

S.4 Powers of Commission

       The Commission shall have the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:--
       (a)1[summoning and enforcing the attendance of any person from any part of India] and examining him on oath;
       (b) requiring the discovery and production of any document;
       (c) receiving evidence on affidavits;
       (d) requisitioning any public record or copy thereof from any court or office;
       (e) issuing commissions for the examination of witnesses or documents;
       (f) any other matter which may be prescribed.
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S.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 subsection (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 inquiry1[an

S.5(a) 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 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

S.5(b) Power of Commission to appoint assessors

       The Commission may, for the purpose of condcuting 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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       1. Inserted by Act 63 of 1988, section 2.

S.6 Statements made by persons to the 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--
       (a) is made in reply to a question which he is required by the Commission to answer, or
       (b) is relevant to the subject-matter of the inquiry.

S.6(a) Persons not obliged to disclose secret process of manufacture of goods in certain cases

       Except in cases where a Commission is expressly required to inquire into the process of manufacture of any goods, nothing in this Act shall be deemed to compel any person giving evidence before the Commission to disclose any secret process of manufacture thereof.]
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       1. Inserted by Act 79 of 1971, section 9.

S.7 Commission to cease to exist when so notified

       (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 3[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 by2[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 by2[each House of Parliament or, as the case may be, the Legislature of the State].
       (2) Every notification issued under sub-section (1) shall specify the date from which the Commission shall cease to

S.8 Procedure to be followed by the Commission

       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)1[* * *].
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       1. Certain words omitted by Act 79 of 1971, section 11.

S.8(a) Inquiry not to be interrupted by reason of vacancy or change in the constitution of the Commission

       (1) Where the Commission consists of two or more members, it may act notwithstanding the absence of the Chariman or any other member or any vacancy among its members.
       (2) Where during the course of an inquiry before a Commission, a change has taken place in the constitution of the Commission by reason of any vacancy having, been filed or by any other reason, it shall not be necessary for the Commission to commence the inquiry a fresh and the inquiry may be continued from the stage at which the change took place.
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       1 . Inserted by Act 79 of 1971, section 12.

S.8(b) Persons likely to be prejudicially affected to be heard

       If, at any stage of the inquiry, the Commission,--
       (a) considers it necessary to inquire into the conduct of any person; or
       (b) is of opinion that the reputation of any person is likely to be prejudicially affected by the inquiry,
       the Commission shall give to that person a reasonable opportunity of being heard in the inquiry and to produce evidence in his defence:
       Provided that nothing in this section shall apply where the credit of a witness is being impeached.

S.8(c) Right of cross-examination and representation by legal practitioner

       The appropriate Government, every person referred to in section 8B and, with the permission of the Commission, any other person whose evidence is recorded by the Commission,--
       (a) may cross-examine a witness other than a witness produced by it or him;
       (b) may address the Commission; and
       (c) may be represented before the Commission by a legal practitioner or, with the permission of the Commission, by any other person.]

S.9 Protection of action taken in good faith

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 made 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.

S.10 Members, etc., to be public servants

Every member of the Commission and every officer appointed or authorised by the Commission 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).

S.10(a) Penalty for acts calculated to bring the Commission or any member thereof into disrepute

       (1) If any person, by words either spoken or intended to be read, makes or publishes any statement or does any other act, which is calculated to bring the Commission or any member thereof into disrepute, he shall be punishable with simple imprisonment for a term which may extend to six months, or with fine, or with both.
       2 [(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), when an offence under sub-section (1) is alleged to have been committed, the High Court may take cognizance of such offence, without the case being committed to it, upon a complaint in writing, made by a member of a Commission or an officer of the Commission authorised by it in this behalf.
       (3) Every complaint referred to it in sub-section (2) shall set forth the facts which constitute the offence alleged, the nature of such of

S.11 Act to apply to other inquiring 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.

S.12 Power to make rules

       (1) The appropriate Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
       (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:--
       (a) the term of office and the conditions of service of the members of the Commission;
       (b) the manner in which inquiries 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;
       1[(cc) the travelling and other expenses payable to assessors appointed under section 5B, and to person summoned by th