Section 1 Short title, extent and commencement.
(1) This Act may be called the Commissions ofInquiry Act, 1952.
1[(2) It extends to the whole of India:
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(3) It shall come into force on such date2as the Central Government may, by notification in theOfficial Gazette, appoint.
Section 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 aninquiry 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 inquiryinto any matter relatable to any of the entries enumerated in List II or List III in the SeventhSchedule to the Constitution:
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(b) "Commission" means a Commission of Inquiry appointed under section 3;
(c) "prescribed" means prescribed by rules made under this Act.
Section 2A Construction of references to laws not in force in the State of Jammu and Kashmir.
2A. [Construction of references to laws not in force in the State of Jammu and Kashmir*.]--omitted by the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, videnotification No. S.O. 1123(E), dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation(Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020).]
Section 3 Appointment of Commission.
(1) The appropriate Government may, if it is of opinion that itis necessary so to do, and shall if a resolution in this behalf is passed by 1[each House of Parliamentor, as the case may be, the Legislature of the State], by notification in the Official Gazette, appoint aCommission of Inquiry for the purpose of making an inquiry into any definite matter of publicimportance and performing such functions and within such time as may be specified in thenotification, and the Commission so appointed shall make the inquiry and perform the functionsaccordingly:
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 theCentral Government, appoint another Commission to inquire into the same matter for so long asthe Commission appointed by the Central Government is functioning;
(b) by a State Government, the Central Government shall not appoint another Commission toinquire into the same matter for so long as the Commission appointed by the State Government isfunctioning, unless the Central Government is of opinion that the scope of the inquiry should beextended to two or more States.
(2) The Commission may consist of one or more members appointed by the appropriateGovernment, and where the Commission consists of more than one member, one of them may beappointed as the Chairman thereof.
2[(3) The appropriate Government , 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 ofone or more than one member).
(4) The appropriate Government shall cause to be laid before 1[each House of Parliament or, as the case may be, the Legislature of the State], the report, if any, of the Commission on the inquirymade by the Commission under sub-section (1) together with a memorandum of the action takenthereon, within a period of six months of the submission of the report by the Commission to theappropriate Government.]
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Section 4 Powers of Commission.
The Commission shall have the powers of a civil court, while tryinga 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] andexamining 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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