The Jammu and Kashmir Commission of Inquiry Act, 1962

This Act may be called the Jammu and Kashmir commission of Inquiry Act, 1962.

In this Act, unless the context otherwise requires,-

1. (a) “Commission” means a Commission of Inquiry appointed under section 3;
2. (b) “prescribed” means prescribed by rules made under this Act.

1. (1) The Government may, if it is of opinion that it is necessary so to do, and shall, if a resolution in this behalf is passed by the Jammu and Kashmir State Legislative Assembly or the Jammu and Kashmir Legislative Council, by notification in the Government Gazette, appoint a Commission of Inquiry for the purpose of making an inquiry into any definite matter of public importance which shall be specified in the notification 5(3). Powers of Commission Any proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Jammu and Kashmir State Ranbir Penal Code Svt. 1989.

No statement made by a person in the course of giving evidence before the Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement:

Provided that the statement-

1. (k) is made in reply to a question which he is required by the Commission to answer, or
2. (l) is relevant to the subject matter of the inquiry.

Nothing in this Act shall make it compulsory for any person giving evidence before the Commission to disclose any secret process of manufacture.

8. commission to cease to exist when so notified The Government may, if it is of opinion that the continued existence of a commission is unnecessary, by notification in the Government Gazette, declare that the Commission shall cease to exist from such date as may be specified in this behalf in such notification and thereupon the Commission shall cease to exist.

The commission shall, subject to any rules that may be made in this behalf, have power to regulate its own procedure (including the fixing of places and times of its sittings and deciding whether to sit in public or in private) any may act notwithstanding the temporary absence of any member or the existence of a vacancy among the members.

1. (1) If any stage of the inquiry the Commission considers it necessary to inquire into the conduct of any person or is of opinion that the reputation of any person is likely to be prejudicially affected by the inquiry, the Commission shall give to that person a reasonable opportunity of being heard in the inquiry and producing evidence in his defence: Provided that nothing in this Sub-section shall apply when the credit of a witness is being impeached.
2. (2) The Government, every person referred to in Sub-section
3. (1) and with the permission of the Commission, any other person whose evidence is recorded by the Commission.-
   • (a) may cross-examine any person appearing before the Commission other than a person produced by it or him as witness,
   • (b) may address the Commission
4. (3) The Government, every person referred to in Sub-section
5. (1) and, with the permission of the Commission, any other person whose evidence is recorded by the Commission, may be represented before the Commission by a legal practitioner, or with the permission of the Commission, by any other person.

1. (1) When the Commission consists of two or more members it may act notwithstanding the absence of the Chairman or any other member or any vacancy among its members: Provided that if the Government notifies the Commission that the services of the Chairman have ceased to be available, the Commission shall not act unless a new