jammu and kashmir commission of inquiry - jammu kashmir government (2)

JAMMU AND KASHMIRCOMMISSION OF

INQUIRY ACT, 1962Contents

1. Short title

2. Definitions

3. Appointment of Commission

4. Powers of Commission

5. Additional powers ofCommission

6. Statement made by persons tothe Commission

7. Secret process not to bedisclosed

8. Commission to cease to existwhen so notified

9. Procedure to be followed bythe Commission

10. Opportunity to the persons toexplain their conduct and representationof Government, by a legal practitioner

11. Inquiry not to be interrupted byreasons of vacancy or change inconstitution

12. Protection of action taken ingood faith

13. Members, etc. to be publicservants

14. Act to apply to other inquiringauthorities in certain cases

15. Power to make rules

JAMMU ANDKASHMIR

COMMISSION OFINQUIRY ACT,

1962ACT NO. XXXII OF 1962

[17th November, 1962]

An Act to provide for theappointment of Commission ofInquiry and for vesting such

Commission with certain powers

Be it enacted by the Jammu andKashmir State Legislature in theThirteenth Year of the Republic ofIndia as follows :-

1. Short title

This Act may be called the Jammuand Kashmir Commission of InquiryAct, 1962.

2. Definitions

I n this Act, unless the contextotherwise requires,-

(a) "Commission"means a Commission ofInquiry appointed undersection 3;

(b) "Prescribed"means prescribed by rulesmade under this Act.

3. Appointment ofCommission

(1) The Government may, if it is ofopinion that it is necessary so to do,and shall, if a resolution in this behalfis passed by the Jammu and KashmirState Legislative Assembly or theJammu and Kashmir LegislativeCouncil, by notification in theGovernment Gazette, appoint aCommission of Inquiry for thepurpose of making an inquiry intoany definite matter of publicimportance which shall be specifiedin the notification, and performing

such functions being functionsnecessary or incidental to the inquiryand within such time as may be sospecified in the notification, and theCommission so appointed shall makethe inquiry and perform the functionsaccordingly.

(2) The commission may consistof one or more members ap pointedby the Government, and where theCommission consists of more thanone member, one of them may beappointed by the Government as theChairman thereof.

(3) The Government may, atany stage of the inquiry by theCommission,-

(a) fill any vacancywhich may have arisen in theoffice of a member of theCommission (whetherconstituting of one or morethan one member), or

(b) increase the numberof members of the Commission.

(4) The Commission shall completeits inquiry and make its report to the

Government within such period asmay be specified by the Governmentby notification in the GovernmentGazette, or within such further periodas the Government may by likenotification specify.

4. Powers of Commission

[1][(1) The Commission shall havethe powers of a Civil Court, whiletrying a suit under the Code of CivilProcedure, Svt. 1977, in respect ofthe following matters, namely:-

(a) summoning andenforcing the attendance ofany person and examininghim on oath;

(b) requiring the discoveryand production of anydocument;

(c) receiving evidence onaffidavits;

(d) requisitioning anypublic record or copy thereoffrom any Court or Office;

(e) issuingcommission for theexamination of witnesses ordocuments;

(f) any other matterwhich may be prescribed.

Explanation.—For the purpose ofenforcing the attendance of anyperson, the local limits of the

jurisdiction of the Commission shallbe throughout the State.]

[2][(2) For the removal of doubts,it is hereby declared thatnotwithstanding any Judgment, Orderor direction of any Court, Tribunal orCommission to the contrary, nothingin this Act, shall empower or bedeemed ever to have empowered theCommission to-

(a) compel orpermit any person to giveevidence derived fromunpublished official

records relating to anyaffairs of the State, exceptwith the permission of theofficer at the Head of theDepartment;

(b) compel anypublic officer to discloseany information orcommunication made tohim in official confidence,if he considers that thepublic interests are likelyto suffer by the disclosure;and

(c) compel or permitthe discovery andproduction of anyd o c u m e n t r e l a t i n g t ot h e a f f a i r s o f t h e S t a t eo r a n y communicationwritten in officialconfidence, if the officer atthe Head of theDepartment concernedconsiders that publicinterests are likely tosuffer by such discovery,production or disclosure of

the document].

5. Additional powers ofCommission

(1 ) Where the Government is ofopinion that, having regard to thenature of the inquiry to be made andother circumstances of the case, allor any of the provisions of sub-section (2) or sub-section (3) or sub-section (4) or sub-section (5) or sub-section (6) should be madeapplicable to a Commission, theGovernment may, by notification inthe Government Gazette, direct thatall or such of the said provisions asmay be specified in the notification

shall apply to that Commission andon the issue of such a notification,the said provisions shall applyaccordingly.

(2) The Commission shall havepower to require any person, subjectto any privilege which may beclaimed by that person under any lawfor the time being in force, to furnishinformation on such points or mattersas, in the opinion of the Commission,may be useful for, or relevant to, thesubject matter of the inquiry and any

person so required shall be bound tofurnish such information.

(3) The Commission, or anyofficer, not below the rank of aGazetted officer, specially authorisedin this behalf by the Commission,may enter any building or placewhere the Commission has reason tobelieve that any books of account orother documents relating to thesubject matter of the inquiry may befound, and may seize any such booksof account or documents or takeextracts or copies there-from, subject

to the provisions of section 102 andsection 103 of the Code of CriminalProcedure, Svt. 1989, in so far asthey may be applicable.

(4) The Commission shall bedeemed to be a Civil Court and whenany offence as is described in section175, section 178, section 179, section180, or section 228 of the Jammuand Kashmir State Ranbir PenalCode, Svt. 1989, is committed in theview or presence of the Commission,the Commission may, after recordingthe facts constituting the offence and

the statement of the accused asprovided for in the Code of CriminalProcedure, Svt. 1989, forward thecase to a Magistrate havingjurisdiction to try the same and theMagistrate to whom any such case isforwarded shall proceed to hear thecomplaint against the accused as ifthe case had been forwarded to himunder section 482 of the Code ofCriminal Procedure, Svt. 1989.

(5) If any person does any act orpublishes any writing which iscalculated to bring the Commission

or any member thereof into disreputeor to lower its or his authority or tointerfere with any lawful process ofthe commission, he shall be deemedto be guilty of an offence and-theCommission may, after recording thefacts constituting the offence,forward the case to the Magistratehaving jurisdiction to try the same fortaking cognizance thereof; and theMagistrate, if he finds him guilty,may sentence him to simpleimprisonment which may extend tosix months, or to fine which mayextend to one thousand rupees, or

both.

(6) Any proceeding before theCommission shall be deemed to be ajudicial proceeding within themeaning of sections 193 and 228 ofthe Jammu and Kashmir State RanbirPenal Code, Svt. 1989.

6. Statement made bypersons to the Commission

No statement made by a person inthe course of giving evidence beforethe Commission shall subject him to,or be used against him in, any civil orcriminal proceeding except aprosecution for giving false evidenceby such statement:

Provided that the Statement-

(a) is made in reply toa question which he isrequired by the Commissionto answer, or

(b) is relevant to thesubject matter of the inquiry.

7. Secret process not to bedisclosed

Nothing in this Act shall make itcompulsory for any person givingevidence before the Commission todisclose any secret process ofmanufacture.

8. Commission to cease toexist when so notified

The Government may, if it is ofopinion that the continued existenceof a Commission is unnecessary, bynotification in the GovernmentGazette, declare that the Commissionshall cease to exist from such date asmay be specified in this behalf insuch notification and thereupon theCommission shall cease to exist.

9. Procedure to be followedby the Commission

The Commission shall, subject toany rules that may be made in thisbehalf, have power to regulate itsown procedure (including the fixingof places and times of its sittings anddeciding whether to sit in public or inprivate) any may act notwithstandingthe temporary absence of anymember or the existence of avacancy among the members.

10. Opportunity to thepersons to explain their conductand representation ofGovernment, by a legalpractitioner

(1) If at any stage of the inquirythe Commission considers itnecessary to inquire into the conductof any person or is of opinion that thereputation of any person is likely tobe prejudicially affected by theinquiry, the Commission shall give tothat person a reasonable opportunityof being heard in the inquiry andproducing evidence in his defence:

Provided that nothing in this sub-section shall apply when the credit ofa witness is being impeached.

(2) The Government, every personreferred to in sub-section (1) andwith the permission of theCommission, any other person whoseevidence is recorded by theCommission-

(a) may cross-examine any personappearing before theCommission other than aperson produced by it or him

as witness,

(b) may address theCommission.

(3) The Government, everyperson referred to in sub-section (1)and, with the permission of theCommission, any other person whoseevidence is recorded by theCommission, may be representedbefore the Commission by a legalpractitioner, or with the permission ofthe Commission, by any otherperson.

11. Inquiry not to beinterrupted by reasons ofvacancy or change inconstitution

(1) When the Commission consistsof two or more members it may actnotwithstanding the absence of theChairman or any other member orany vacancy among its members:

Provided that if the Governmentnotifies the Commission that theservices of the Chairman haveceased to be available, theCommission shall not act unless anew Chairman is appointed.

(2) Where during the course of aninquiry before the Commission achange has taken place in theconstitution of the Commission byreason of any vacancy having beenfilled or by an increase in the numberof members of the Commission or forany other reason, it shall not benecessary for the Commission tocommence the inquiry afresh.

12. Protection of action takenin good faith

No suit or other legal proceedingshall lie against the Government, theCommission or any member thereof,or any person acting under thedirection either of the Government orof the Commission in respect ofanything which is in good faith done,or intended to be done in pursuanceof this Act or of any rules or ordersmade thereunder or in respect of thepublication, by or under the authorityof the Government or theCommission, of any report, paper or

proceedings.

13. Members, etc. to be publicservants

Every member of the Commissionand every officer appointed orauthorised by the Commission toexercise functions under this Act shallbe deemed to be a public servantwithin the meaning of section 21 ofJammu and Kashmir State RanbirPenal Code, Svt.1989.

14. Act to apply to otherinquiring authorities in certaincases

Where any authority (by whatevername called), other than Commissionappointed under section 3, has beenor is set up under any resolution ororder of the Government for thepurpose of making an inquiry intoany definite matter of publicimportance and the Government is ofopinion that all or any of theprovisions of this Act should be madeapplicable to that authority, the

Government may, [xxxxx][3] by

notification in the GovernmentGazette, direct that the saidprovisions of this Act shall apply tothat authority, and on the issue ofsuch a notification, that authorityshall be deemed to be a Commissionappointed under section 3 for thepurposes of this Act.

15. Power to make rules

(1) The Government may, bynotification in the GovernmentGazette, make rules to carry out thepurposes of this Act.

(2) In particular, and withoutprejudice to the generality of theforegoing power, such rules mayprovide for all or any of the followingmatters, namely:-

(a) the term of office, theconditions of service of them e m b e r s of the

Commission;

(b) the appointmentby the Commission asassessors of persons beingexperts or having specialknowledge of any matterrelevant to the inquiry toassist it in its deliberations;

(c) the manner in whichinquiries may be held underthis Act and the procedure tobe followed by theCommission in respect of theproceedings before it;

(d) the powers of CivilCourt which may be vestedin the Commission;

(e) the travelling andother expenses payable topersons summoned by theCommission to give evidencebefore it or to perform otheracts incidental to the enquirybefore it.

[1] Sub-sect ion (2) inserted by Act VIII of 1965.

[2] Section 4 renumbered as Sub Section (1) byAct VIII of 1965.

[3] Words deleted by Act VIII of 1965.