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Section 7 – The Commissions of Inquiry Act, 1952

The Commissions of Inquiry Act, 1952

 

 

7. Commission to cease to exist when so notified-

 

1(1) The appropriate Government may, by notification in the Official Gazette, declare that-

 

(a) A Commission other than a Commission appointed in pursuance of a resolution passed by ( [ Note: Subs. by Act 19 of 1990, sec. 3, for certain words] each House of Parliament or, as the case may be, the Legislature of the State) shall cease to exist, if it is of opinion that the continued existence of the Commission is unnecessary.

 

(b) A Commission appointed in pursuance of a resolution passed by2 each House of Parliament or, as the case may be, the Legislature of the State shall cease to exist if a resolution for the discontinuance of the Commission is passed by [ Note: Subs. by Act 19 of 1990, sec. 3, for certain words] each House of Parliament or, as the case may be, Legislature of the State.

 

(2) Every notification issued under sub section (1) Shall specify the date from which the Commission shall cease to exist and on the issue of such notification, the Commission shall cease to exist with effect from the date specified therein.

 

COMMENTS

If in the opinion of the Government the Commission had collected sufficient necessary material for an effective and expeditious examination by an expert officer for making necessary decision(s) and thus, further continuance of the said inquiry was wholly unnecessary, there was no malice or influence of collateral considerations in the exercise of its discretionary power by the Government to discontinue the said inquiry; State of Gujarat v. Consumer & Education Research Centre, AIR 1984 SC 652.

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1. Subs. by Act 79 of 1971, sec. 10, for section 7 (w.e.f. 30-12-1971).

 

2. Subs. by Act 19 of 1990, sec. 3, for certain words (w.e.f. 28-8-1990).

 

 

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The Commissions of Inquiry Act, 1952

 

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