f West Bengal Act XII of 1948 THE CORPORATION OF CALCUTTA (INVESTIGATION COMM IS·SION) ACT, 1948.
[Passed by the West Bengal Legislature.]
[Assent of the Governor-General was first published in the Calcutta Gazette, Eatraordinary, of the 15th April, 1948.J An Act to provide for the appointment of a Commission to investigate certain matters relating to the Corporation of Calcutta, and fo certain other matters connected there with.
'\Vr-rnREAS it is expedient to provide for the appointment of a Commission to investigate certain matters relating to the Corporation of Calcutta, and for certain other matters connected therewith;
It is hereby enacted as follows : -
1. (1) This Act may be called the Corporation Calcutta (Investigation Commission) Act, 1948.
2) It extends to the whole of West" Bengal.
of Short title and extent.
Ben. Act III of
1923.
. '
2. I this Act the expressions "Calcutta" and "the Corporation of Calcutta' have the same meanings as in the Calcutta Municipal Act. 1923.'
3. The Provincial Gorernment- may, by notification in the Official Gazette, constitute a Commission to be called the Corporation of Calcutta Investigation Commission (hereinafter referred to as the Commission) whose duties it shall be-
(a) to investigate and report to· the Provincial Govern ment on all matters relating to the finances and administration of the Corporation of Calcutta and the working of the Calcutta Municipal Act, 1923;
(b) to make recommendation for improving the finances ad administration of the Corporation of Calcutta.
removing abuses in relation thereto, if any, and amending the Calcutta Municipal Act, 1923, if necessary, for ensuring· better administration.
Definitions.
Constitu tion and functions of Com mission.
Act V of
1908.
.
4, (1) The Commission shall consist of a Chairman Composi (being a person who is or has been a Judge of a High Court) tion of and ti other Commissioners, appointed by the Provincial Com Government. mss1on,
(2) 0n the occurrence from any cause of a vacancy among the Commissioners, the Provinpi:il Government may, if it thinks fit, appoint a person to fill the vacancy.
5. (1) The Commission shall have power to administer Powers of oaths, and shall have all the powers of a Civil Court under the Com Coile of Civil Procedure, 1908, for the purposes of takino mission, eidence on oath, enforcing the attendance of any person hon it considers necessary to examine, compelling the production of documents and issuing commissions or letters of request for the examination of witnesses, and shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter Price-Indian, anna 1; English, 2d.
2 The Corporation of Calcutta (Investigation Commission) Act, 1948.
[West Ben. Act (Section 6.)
XXXV of the Code of Criminal Procedure, 1898, and any reference in the said Oh,apter to the presiding officer of a Court shall be deemed to include a reference to the Chairman of the Commission.
(.2) I£ it appears to the Commission that it is necessary to e:s:amine any accounts or documents, or to investigate any particular matter which it cannot itself conveniently examine or investigate, the Commission may authorise any person qualified in its opinion to make such examination or investiga tion to examine such accounts or documents or to investigate such particular matter and to interrogate for that purpose any person having charge or custody of such accounts or docu ments, or having knowledge of such particular matter and to make a report to the Commission; any person having charge or custody of such accounts or documents shall be bound to produce them to the person so authorised and to give such person any information in respect thereof which the person so authorised may require; and any person having knowledge of such particular matter shall be bound to give to the person so authorised any information in respect thereof which such verson may require. The Commission may make such use of the report as it thinks fit.
(3) (a) The Commission may require the Corporation of Calcutta or any person who is or was a Councillor or an Alderman or any officer or servant of the Corporation of Calcutta to furnish any return, document, plan, estimate, statement, account, statistics, information or report and the Corporation of Calcutta or such Councillor or Alderman or such officer or servant shall be bound to comply with such requisition without delay.
(b) The powers conferred by this sub-section shall be in addition to and not in derogation of the powers conferred by sub-section (Z) and sub-section ().
(4) The Commissioners and all persons authorised by the Commission under sub-section (2) shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 860.
Procedure 6. (1) The Commission shall, subject to the provisions .of Cornm is-. of this Act, have power to regulate its own procedure sion. (including the fi:s:ing of places and times of its sittings and deciding lether to sit in public or in private) and may act notwithstanding the temporary absence of any Commissioner or Commissioners or a vacancy in the number of the Commissioners.
(2) In making an investigation under clause (a) of sec tion 3, the Commission shall act in accordance with the principles of natural justice and shall follow as far as practicable the principles of the Indian Evidence Aet, 1872.
(3) Except with the previous sanction of the Provincial Government,
(a) no suit, prosecution or other legal proceeding shall be instituted· .against any person in any Civil or · Criininal Court for any evidence given by him in any proceedings before the Commission, and · I of 1872.
Act V of
1898.
Aet XLV o£ 1860.
3 The Corporation of Calcutta (Investigation Commission%) Act, 1948.
(Sections 7, 8.)
(b) no evidence so given shall be admissible in evidence against such person in any suit, prosecution or other proceeding before such Court.
() 2o document shall be inadmissible in any proceedings before the Commission on the ground that it is not cluly stamped or registered.
7. No aet or proceeding of the Commission or of any Bar of person authorised by it under sub-section (2) of section jurisdic shall be called in question in any manner by or in any Court tion.
ancl no suit, l)rosecution or other legal proceeding shall lie against the Crown or any Commissioner or any other person for anything clone or intenc1ec1 to be done under this Act.
8. The Provincial Government may, by notification in Power the Official Gazette, make rules for carrying out the purposes to make of this .A.ct. rules.
XII of 1948.]
,T A W HGP-48/9-ll 98A-2500