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Rule 5 – The Commissions of Inquiry Act, 1952

The Commissions of Inquiry Act, 1952



5. 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.


(2) A Commission shall, as soon as may be after its appointment-


(a) Issue a notice to every person, who in its opinion should be given an opportunity of being heard in the inquiry, to furnish to the Commission a statement relating to such matters as may be specified in the notice.


(b) Issue a notification, to be published in such manner as it may deem fit, inviting all persons acquainted with the subject matter of the inquiry to furnish to the Commission a statement relating to such matters as may be specified in the notification.


(3) Every statement furnished under clause (a) of sub rule (2) shall be accompanied by an affidavit in support of the facts set out in the statement sworn by the person furnishing the statement.


(4) Every person furnishing a statement under clause (a) of sub rule (2) shall also furnish to the commission along with the statement a list of the documents, if any, on which he proposes to rely and forward to the Commission, wherever practicable the originals or true copies of such of the documents as may be in his possession or control and shall state the names and address of the person from whom the remaining documents may be obtained.


(5) (a) A Commission shall examine all statements furnished to it under clause (b) of sub rule (2) and if, after such examination, the Commission considers it necessary to record evidence, it shall first record the evidence, if any , produced by the Central Government and may thereafter record evidence in such orders as it may deem fit.


(i) The evidence of any person who has furnished a statement under clause (a) of sub rule (2) and whose evidence the Commission having regard to the statement, consider relevant for the purpose of the inquiry and


(ii) The evidence of any person whose evidence, in the opinion of the Commission, is relevant to the inquiry.


Provided that the Commission may dispense with the attendance of any person for the purpose of giving evidence before it, if in its opinion-

(i) Such attendance cannot be enforced except by causing undue hardship or inconvenience to that person.


(ii) Such attendance should be dispensed with for any other sufficient reason to be recorded by it in writing.


(b) If, after all the evidence is recorded under clause (a) of sub rule (5), the Central Government applies to the Commission to recall any witness already examined or to examine any new witness, the Commission, if satisfied that it is necessary for the proper determination of any relevant fact to do so, shall recall such witness or examine any such new witness.


(6) [ Note: Subs by G.S.R. 987, dated 29 th August, 1974.] Travelling and other expenses as the Commission may deem reasonable shall be paid to a person who is communed to assist the Commission at the stage of the preliminary investigation or to give evidence or to produce documents before a Commission.


(7) The Commission shall have the power of a civil court to make cola investigation, either personally or through any person, duly authorized by it into any matters falling within its terms of reference.


(8) A Commission shall have the power to regulate its own procedure in respect any matter for which no provision is made in these Rules.



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The Commissions of Inquiry Act, 1952


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