The Commissions of Inquiry Act, 1952

Section 12. Power to make rules

In force · As amended up to 2026-08

12. Power to make rules.— (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.] 1. Ins. by Act 63 of 1988, s. 4 (w.e.f. 10-12-1988). 2. Ins. by Act 79 of 1971, s. 14 (w.e.f. 30-12-1971). 3. Subs. by Act 4 of 1986, s. 2 and the Sch., for certain words (w.e.f. 15-5-1986). 4. Ins. by s. 2 and the Sch., ibid . (w.e.f. 15-5-1986). STATEMENT OF OBJECTS AND REASONS Commissions and Committees of inquiry are at present appointed by Government under executive order: there is no central law to regulate the powers of such bodies. Some of them have felt handicapped because of the absence of any statutory power to enforce the attendance of witnesses and the production of documents. In order to remove this difficulty, ad hoc legislation has been passed from time to time, such as for example, the Sugar Crisis Enquiring Authority Act, 1950. It is felt that there should be a general law authorizing Government to appoint an inquiring authority on any matter of public importance, whenever considered necessary, or when a demand to that effect is made by the Legislature and that such law should enable the inquiring authority to exercise certain specific powers including the powers to summon witnesses, to take evidence on oath, and to compel persons to furnish information. The Bill designed to achieve this object. NEW DELHI: The 20 th May, 1952. KAILAS NATH KATJU.

Source: India Code

How this section changed

  1. inserted by Act 79 of 1971, s. 14

    In force from 30 Dec 1971

    Footnote: 2. Ins. by Act 79 of 1971, s. 14 (w.e.f. 30-12-1971).

  2. substituted by Act 4 of 1986, s. 2

    In force from 15 May 1986

    Footnote: 3. Subs. by Act 4 of 1986, s. 2 and the Sch., for certain words (w.e.f. 15-5-1986).

  3. inserted by Act 4 of 1986, s. 2

    In force from 15 May 1986

    Footnote: 4. Ins. by s. 2 and the Sch., ibid . (w.e.f. 15-5-1986).

  4. inserted by Act 63 of 1988, s. 4

    In force from 10 Dec 1988

    Footnote: 1. Ins. by Act 63 of 1988, s. 4 (w.e.f. 10-12-1988).