Report No. 24

Appendix 1

Proposals as shown in the form of Draft Amendments to the Existing Act

(This is a tentative draft only)

Section 3

For section 3 of the Commissions of Inquiry Act, 1952 (60 of 1952) (hereinafter referred to as "the principal Act"), the following section shall be substituted, namely:-

"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 by both Houses of Parliament or, as the case may be, by the Legislative Assembly of the State, or, in the case of a State having a Legislative Council, by both Houses of 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 which shall be specified in the notification, and performing such functions, being functions necessary or incidental to the inquiry, as may be so specified.

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 Commission appointed by the Central Government is in existence;

(b) by a State Government, the Central Government shall not appoint another Commission to inquire into the same matter for so long as the Commission appointed by the State Government is in existence, unless the Central Government is of opinion that the scope of the inquiry should be extended to two or more States; and if the Central Government appoints such a Commission, the Commission appointed by the State Government shall cease to exist.

(2) The Commission may consist of one or more members appointed by the appropriate Government, and where the Commission consists of more than one member, one of them may be appointed by the appropriate Government as the Chairman thereof.

(3) The appropriate Government may, at any stage of the inquiry by the Commission-

(a) fill any vacancy which may have arisen in the office of a member of the Commission (whether consisting of one or more than one member); or

(b) increase the number of members of the Commission.

(4) As to fixation of period [Cf. Existing section 3(1)1.-The Commission shall complete its inquiry and make its report to the appropriate Governments within such period as may be specified by the appropriate Government by notification in the Official Gazette, or within such further period as that Government may by like notification specify.