Power to make rules

Section 12 of the Commissions of Inquiry Act, 1952 deals with power to make rules. The appropriate Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act. The Act came into force on 01 Oct 1952.

(1) The appropriate Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--

(a) the term of office and the conditions of service of the members of the Commission;

(b) the manner in which inquiries may be held under this Act and the procedure to be followed by the Commission in respect of the proceedings before it;

(c) the powers of civil court which may be vested in the Commission;

¹ [(cc) the travelling and other expenses payable to assessors appointed under section 5B, and to person summoned by the Commission to give evidence or to produce documents before it;]

(d) any other matter which has to be, or may be, prescribed.

² [(3) Every rule made by the Central Government under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or ³ [in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

⁴ [(4) Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before the State Legislature.]

Section 12, The Commissions of Inquiry Act, 1952 (Act 60 of 1952).