Section 12 of The Commissions of Inquiry Act, 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.]
Summary
- The appropriate Government can make rules to carry out the goals of the Act.
- These rules are published through a notification in the Official Gazette.
- Rules can define the service conditions and terms of office for Commission members.
- Rules can set the travel and other expenses for assessors who were appointed under Section 5B.
- Rules made by the Central Government must be shown to both Houses of Parliament for thirty days.
- Rules made by a State Government must be shown to the State Legislature.
Practical examples
FAQ
1. Who is allowed to make rules for the Commission of Inquiry?
The "appropriate Government," which means either the Central Government or the State Government depending on who appointed the Commission.
2. What happens if Parliament does not like a rule made by the Central Government?
Both Houses of Parliament can agree to change the rule or decide it should not be made at all.
Test yourself
Q1.Under Section 12 of The Commissions of Inquiry Act, 1952, how does the Government notify the public about new rules?
Q2.Under Section 12 of The Commissions of Inquiry Act, 1952, which specific group's expenses are covered by the rule-making power through a reference to Section 5B?
Q3.Under Section 12 of The Commissions of Inquiry Act, 1952, for how long must a Central Government rule be laid before Parliament?
Q4.Under Section 12 of The Commissions of Inquiry Act, 1952, what is the result if both Houses of Parliament agree to modify a rule?
Q5.According to Section 12 of The Commissions of Inquiry Act, 1952, where must rules made by a State Government be presented?
Q6.Under Section 12 of The Commissions of Inquiry Act, 1952, which section describes the individuals whose travel expenses are determined by rules under Section 12(2)(cc)?