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Section 8A – The Commissions of Inquiry Act, 1952

The Commissions of Inquiry Act, 1952

 

 

8A. Inquiry not to be interrupted by reason of vacancy or change in the constitution of the Commission-

 

1(1) Where the Commission consists of two or more members, it may act notwithstanding the absence of the Chairman or any other member or any vacancy among its member.

 

(2) Where during the course of an inquiry before a Commission, a change has taken place in the constitution of the Commission by reason of any vacancy having, been filled or by any other reason, it shall not be necessary for the Commission to commence the inquiry a fresh and the inquiry may be continued from the stage at which the change took place.

Comments

 

Sub section (2) does not cover reconstitution of Commission by replacement or substitution of existing member. It only deals with an eventuality, such as decrease in the number of members, when the original number is more than one, and the vacancy remains unfilled, State of Madhya Pradesh v. Ajay Singh, AIR SC 825.

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1. Ins. by Act 79 of 1971, sec. 12 (w.e.f. 30-12-1971).

 

 

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The Commissions of Inquiry Act, 1952

 

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