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Report No. 24

34. Section 8A (New).-

Section 8 of the Act provides that the Commission may act notwithstanding the temporary absence of any member or the existence of a vacancy amongst its members. We have already propose1 an amendment to section 3 of the Act in order to make it clear that it is open to the Government to increase the number of members on the Commission at any stage of the inquiry or to fill any vacancy.

We now recommend,2 that it may be made clear that it is not necessary for the Commission to recommence its inquiry if a change takes place in the constitution of the Commission during the tendency of an inquiry. It may, however, be provided that if the services of the Chairman have ceased to be available, the Commission should not act until a new chairman is appointed. Such a provision would appear to be appropriate.3

1. See para. 26, supra.

2. See App I, section 8A.

3. Compare section 5 of the Industrial Disputes Act, 1947.

Commissions of Inquiry Act, 1952 Back

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