The Commissions of Inquiry Act, 1952
An Act to provide for the appointment of Commissions of Inquiry and for vesting such Commissions with certain powers.
Administered by. Ministry of Home Affairs, Department of Home · Other Acts of 1952
Preamble
THE COMMISSIONS OF INQUIRY ACT, 1952
ACT NO. 60 OF 19521
[14th August, 1952.] An Act to provide for the appointment of Commissions of Inquiry and for vesting such Commissions with certain powers.
BE it enacted by Parliament as follows:--
What this Act covers
Summary of Commissions of Inquiry Act, 1952
Key Provisions Summary
1. Empowerment of Inquiring Authorities
• Central Government's Authorisation: May authorise inquiring authorities to summon witnesses and demand documents for departmental inquiries via Official Gazette notifications.
• Delegated Authority: Powers can also be exercised by specified authorities not inferior to the appointing authority.
2. Powers of Authorised Inquiring Authorities
• Civil Court Equivalence: Enjoy the same powers as a civil court under the Code of Civil Procedure, 1908, for:
• Summoning and enforcing attendance of witnesses.
• Production of documents.
• Scope and Application: These powers are specifically for the purposes of departmental inquiries, as outlined in the new context.
3. Geographical Application
• Extension to Union Territories: Notably, the Act's application to the Union territory of Jammu and Kashmir and Ladakh, as per the specified notification.
4. Procedure and Protection
• Due Process: Implied through the structured approach to authorising and exercising powers.
• Official Capacity: Authorities acting in good faith are protected, though this context does not explicitly mention protection clauses.
5. Miscellaneous
• Notification Process: Key for authorising powers and applying the Act to different territories.
• Departmental Inquiry Focus: The context suggests a strong emphasis on facilitating efficient departmental inquiries.
Sections
Type to filter. 20 sections.
- 1Short title, extent and commencement
- 2Definitions
- 2AConstruction of references to laws not in force in the State of Jammu and Kashmir
- 3Appointment of Commission
- 4Powers of Commission
- 5Additional powers of Commission
- 5APower of Commission to utilise the services of certain officers and investigation agencies for conducting investigation pertaining to inquiry
- 5BPower of Commission to appoint assessors
- 6Statements made by persons to the Commission
- 6APersons not obliged to disclose secret process of manufacture of goods in certain cases
- 7Commission to cease to exist when so notified
- 8Procedure to be followed by the Commission
- 8AInquiry not to be interrupted by reason of vacancy or change in the constitution of the Commission
- 8BPersons likely to be prejudicially affected to be heard
- 8CRight of cross-examination and representation by legal practitioner
- 9Protection of action taken in good faith
- 10Members, etc., to be public servants
- 10APenalty for acts calculated to bring the Commission or any member thereof into disrepute
- 11Act to apply to other inquiring authorities in certain cases
- 12Power to make rules
Amending Acts
2 Acts amending this enactment, passed by Parliament of India. The text above is the consolidated text as published.
- The Commissions of Inquiry (Amendment) Act, 199060 of 1990
- The Commissions of Inquiry (Amendment) Act, 198660 of 1986
Rules made under this Act
1 set of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.
- Commissions of Inquiry (Central) Rules, 19721972
Related Acts
- The Salaries and Allowances of Ministers Act, 195214 sections
- The State Armed Police Forces (Extension of Laws) Act, 19524 sections
- The Andhra State Act, 195369 sections
- The President's Emoluments and Pension Act, 19519 sections
- The Scheduled Areas (Assimilation of Laws) Act, 19516 sections
- The Scheduled Areas (Assimilation of Laws) Act, 19536 sections
- The Assam (Alteration of Boundaries) Act, 19513 sections
- The Himachal Pradesh and Bilaspur (New State) Act, 195432 sections
Ordinances
India Code records no parent Act for an ordinance, so these are tied to this Act by their own titles and their dates rather than by anything the source states. An ordinance is made when Parliament is not sitting and lapses six weeks into the next session unless it is enacted.
- The Commissions of Inquiry (Amendment) Ordinance, 1986amended this Act · 1986
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 20 sections of this Act has its own page. This page is not a substitute for legal advice.