Power to appoint counsel 5A. In case any Commissioner shall be or become unable or unwilling to act, or shall die, the Governor-General may appoint another Commissioner in his place; and any Commission issued under this Act may be altered as the Governor-General may deem fit by any subsequent Commission issued by the Governor-General, or may be revoked altogether by a notification to that effect published in the Gazette. Amendments to the Asset Declaration Act in particular is proposed to introduce an online system for government officers to update their financial records whenever a large income or expenditure is, instead of annual submission within 15 days of the transaction, Jayamanne said. He said he had tasked the Chief Secretary with ensuring the recommendations were implemented. Fiat of the Attorney General for prosecution under this Act.
However, commissions of inquiry are generally seen in a positive light. The Cyberspace Law and Policy Centre, however, submitted that no agency should be completely exempt from the need to comply with fundamental human rights and administrative law principles. Thus the Commission of Enquiry is an administrative authority which is constituted to make judicial inquiry into any question of public importance. Appointment of Assessors- a The Central Government or, with the previous approval of the Central Government, a Commission, may, from time to time, appoint one or more assessors to assist and advise the Commission on any matter connected with the inquiry. Summonses for the attendance of witnesses or other persons or the production of documents may be in the form given in the Second Schedule to this Act, and shall be signed by one of the commissioners or by their secretary, and oaths and affirmations may be administered by the secretary.
Although they do not exercise judicial power, they are given powers that usually are exercised by courts. In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any 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; d Any other matter which has to be, or may be, prescribed. Minister's second reading speech made in- House of Representatives on 20 August 1986 Senate on 20 August 1986 2. 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 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. Oath of office by commissioners. Power to summon and examine witnesses.
They allow relatively novel proposals to be made in a form that the government can decide to accept or reject, depending on public reactions. Sudhi Ranjan Das, former Chief Justice of India, as the one man commission of inquiry to investigate and report on the allegations made by the non-communist opposition members of Punjab against the State Chief Minister, Sardar Pratap Singh Kairon. Hence the need was felt that a suitable legislation be brought out on the subject, resulting in the introduction of the Commissions of Inquiry Bill, 1952 in the Parliament. Any person appointed as counsel to assist the Commissioners in terms of section 5A, and every barrister and solicitor appearing before the Commissioners pursuant to section 15, shall have the same privileges and immunities as barristers and solicitors in courts of law. Penalty for refusing to give evidence 15.
Act 49 of 1980 w. No person summoned to attend the inquiry shall be convicted of an offence against subsection 1 unless at the time of the service of the summons, or at some other reasonable time before the date on which that person was required to attend, there was made to that person a payment or tender of the amount fixed under. Schedules First Schedule Form of oath or affirmation to be taken by a commissioner. In every case where, under this Act, or any other Act or the Letters Patent constituting the office of the Governor-General, the Governor-General or the Governor-General in Council appoints 1 or more Judges of the High Court or former Judges of the High Court to be members of a Commission for the purpose of holding an inquiry, every such Judge or retired Judge, and the Commission of which he or she is a member, shall, for the purposes of such inquiry, have the same powers, privileges, and immunities as are possessed by a Judge of the High Court in the exercise of his or her civil jurisdiction under the. The Commission is chaired by international jurist and former Bermuda Court of Appeal judge Sir Anthony Evans.
Under section 5, 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-sections 2 to 5 of 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 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. Section 13 4 : amended, on 1 March 2017, by of the Senior Courts Act 2016 2016 No 48. The distinction between royal commissions and commissions of inquiry appears to be unique to New Zealand. Nonliability of commissioners to suit. No date for it has been fixed as of yet, he added. Such sums, so directed to be paid, shall be paid out of general revenues. 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.
The provisions of this section shall have effect notwithstanding anything contained in the Code of Criminal Procedure, 1973 or in sub-section 4 of section 5 but nothing in this section shall affect the power if any of the Commission to proceed under sub-section 4 of section 5 in respect of any offence, where it does not choose to proceed under this section. They operate under the Commissions of Inquiry Act 1908, and are independent of government, but receive administrative assistance from the Department of Internal Affairs. The members of any committee appointed to investigate charges framed against an officer in the public service may, by Order under the hand of the President, be appointed to be a Commission of Inquiry under this Act for the purposes of such investigation ; and upon such appointment the provisions of this Act shall apply as though a warrant under section 2 had been issued to such members for the purposes for which they were appointed members of the committee. This Act shall come into operation on the day on which it receives the Royal Assent. Any person whose conduct is the subject of inquiry under this Act, or who is in any way implicated or concerned in the matter under inquiry, shall be entitled to be represented by an advocate at the whole of the inquiry, and any other person who may consider it desirable that he or she should be so represented may, by leave of the commission, be represented in the manner aforesaid.
No Commissioner shall be liable to any action or suit for any matter or thing done by him as such Commissioner. Every Commission issued under this Act and any alteration or revocation thereof shall be published in the Gazette and shall take effect from the date of such publication. Procedure of Inquiry — 1 A Commission may sit in public or in private as it thinks fit: Provided that a Commission shall sit in private on request being made by the Central Government in that behalf. The chairman of the Commission shall have an original and a casting vote. Sir Anthony was chairman of the Special Tribunal established in December 2009 by His Highness the Ruler of Dubai Decree No.