section 13
Procedure in respect of inquiries
The Jammu and Kashmir Accountability Commission Act, 2002General200232 sections
Statutory text
Procedure in respect of inquiries.—(1) If, after the consideration and verification under section 12 in respect of a complaint, the Accountability Commission proposes to conduct any inquiry, it—
- (a) shall forthwith forward a copy of the complaint to the competent authority;
- (b) may make such orders as to the safe custody of documents relevant to the inquiry as it deems fit; and
- (c) shall, at such time as it considers appropriate, forward a copy of the complaint to the public functionary concerned and afford him an opportunity to represent his case.
- (2) Every inquiry shall be conducted by the Chairperson and the Members, if any, sitting jointly and the place in which such inquiry is conducted shall be deemed to be an open court to which the public generally may have access so far as the same can conveniently contain them: Provided that in exceptional circumstances and for reasons to be recorded in writing, such inquiry may be conducted in camera.
- (3) The Accountability Commission shall hold every such inquiry as expeditiously as possible and in any case complete the inquiry within a period of six months from the date of receipt of the complaint: Provided that the Accountability Commission may, for reasons to be recorded in writing, complete the inquiry within a further period of six months.
- (4) Save as aforesaid, the procedure for conducting any such inquiry shall be such as the Accountability Commission considers appropriate in the circumstances of the case.
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