Power of Commission to utilise the services of certain officers and investigation agencies for conducting investigation pertaining to inquiry

Section 5A of the Commissions of Inquiry Act, 1952 deals with power of Commission to utilise the services of certain officers and investigation agencies for conducting investigation pertaining to inquiry. The Commission may, for the purpose of conducting any investigation pertaining to the inquiry, utilise the services,-- (a) in the case of a Commission appointed by the Central Government, of any officer or investigation agency of the Central Government or any State Government with the concurrence of The Act came into force on 01 Oct 1952.

¹ [5A. Power of Commission to utilise the services of certain officers and investigation agencies for conducting investigation pertaining to inquiry.--(1) The Commission may, for the purpose of conducting any investigation pertaining to the inquiry, utilise the services,--

(a) in the case of a Commission appointed by the Central Government, of any officer or investigation agency of the Central Government or any State Government with the concurrence of the Central Government or the State Government, as the case may be; or

(b) in the case of a Commission appointed by the State Government, of any officer or investigation agency of the State Government or Central Government with the concurrence of the State Government or the Central Government, as the case may be.

(2) For the purpose of investigating into any matter pertaining to the inquiry, any officer or agency whose services are utilised under sub-section (1) may, subject to the direction and control of the Commission,--

(a) summon and enforce the attendance of any person and examine him;

(b) require the discovery and production of any document; and

(c) requisition any public record or copy thereof from any office.

(3) The provisions of section 6 shall apply in relation to any statement made by a person before any officer or agency whose services are utilised under sub section (1) as they apply in relation to any statement made by a person in the course of giving evidence before the Commission.

(4) The officer or agency, whose services are utilised under sub-section (1), shall investigate into any matter pertaining to the inquiry and submit a report thereon (hereafter in this section referred to as the investigation report) to the Commission within such period as may be specified by the Commission in this behalf.

(5) The Commission shall satisfy itself about the correctness of the facts stated and the conclusions, if any, arrived at in the investigation report submitted to it under sub-section (4), and for this purpose the Commission may make such inquiry (including the examination of the person or persons who conducted or assisted in the investigation) as it thinks fit.]

Section 5A, The Commissions of Inquiry Act, 1952 (Act 60 of 1952).