This act shall have effect even though inconsistent with sections 4 and 5 of the constitution. Commissions of inquiry prove to be an effective tool for the united nations and have been formed in the past to investigate allegations of violations of international human rights, international humanitarian law or international criminal law and make recommendations for corrective action based on their factual and legal findings past examples include palestine, lebanon, east timor and syria. Changes authorised by subpart 2 of part 2 of the legislation act 2012 have been made in this official reprint. Commission definition, the act of committing or entrusting a person, group, etc.
Commissions of inquiry and factfinding missions on international human rights and humanitarian law guidance and practice new york and geneva, 2015. The president may whenever he deems it advisable, issue a commission appointing one or more. Inquiry act 1921, on which our act is modelled, during the debate on the waters tribunal in 1959. Sunday august 31, 2014 alahad thoul kidah 06, 1435 ravivara bhadra 09, 1936, at 05. Commissions of inquiry an act to enable the governorgeneral to appoint commissioners to inquire into and report on matters referred to them. Final report of the african union commission of inquiry on south sudan last updated on tuesday 27 october 2015. President edgar chagwa lungu has appointed a commission of inquiry to examine the causes of the political. Government constitutes a commission of inquiry into the. Whereas it is expedient to amend the law for regulating inquiries into the behaviour. An act to amend the commissions of inquiry act chapter 393 be it enacted by the democratic socialist republic of sri lanka as follows. Commissions of inquiry legal definition of commissions of inquiry.
Commissions of inquiry act cap 286 16 march 1944 arrangement of sections section 1. There are changes that may be brought into force at a future date. This act may be cited as the commissions of inquiry act. Whenever it shall appear to the governorgeneral that it will be for the public benefit so to do, the governor. The appropriate 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 6 each house of parliament or, as the case may be, the legislature of the state, by notification in the official gazette, appoint a commission of inquiry for the purpose of making an inquiry into any definite matter of public importance and. Where any authority by whatever name called, other than a commission appointed under section 3, has been or is set up under any resolution or order of the appropriate government for the purpose of making an inquiry into any definite matter of public importance and that government is of opinion that all or any of the provisions of this act should be made applicable to that authority, that government may, subject to the. An act to enable the governor to issue comissions of enquiry, with special powers. For the purposes of the inquiry the commission may of its own motion, or on application, order that any information or particulars, or a copy of the whole or any part of any paper, document, or record, furnished or produced to it be supplied to any person appearing before the commission, and in the order impose such terms and conditions as it thinks fit in respect of such supply and of the use that is to be made of the information, particulars, or copy. United nations mandated commissions of inquiry, factfinding missions and investigations are increasingly being used to respond to situations of serious violations of international humanitarian law and international human rights law, whether protracted or resulting from sudden events, and to promote accountability for such violations and counter impunity. The pakistan commissions of inquiry act, 1956 1 a ct n o. Where an order or warrant has been made or issued under section 42 of the senior courts act 2016 as applied by section a1.
The secretarygeneral has the honour to circulate to the council and the members of the league the report of the commission of enquiry, which was signed by the members of the commission on september 4th. Commission not affected by any change of governorgeneral. This act may be cited as the commission for human rights and short good governance act, 2001 and shall come into operation on such date, as the minister may, by notice published m the gazzete, appoint, title and commencement 2. Excellency emmerson dambudzo mnangagwa, appointed a commission of inquiry in terms of section 21 of the commissions of inquiry act chapter 10. Report of the commission of enquiry wikisource, the free.
Section 10a of the commissions of inquiry act, 1952 provides for penalty for acts calculated to bring a commission of inquiry or any, member thereof into disrepute and provides for the procedure for taking cognizance of such offence. Commissions of inquiry act 1908 no 25 as at 26 november 2018. Commission of enquiry synonyms, commission of enquiry pronunciation, commission of enquiry translation, english dictionary definition of commission of enquiry. This document is an attempt to retype the original charter. Power to add or replace commissioners and to alter or revoke commissions.
This act may be cited as the commissions of enquiry act 1950. Commissioner, independent international commission of inquiry on. Commission of inquiry is a union or state government ordered public inquiry either by executive notice or by making ad hoc legislation. Power to issue commissions into matters of public nature, etc. Sections 2, 3 and 6 amended by general law amendment act 49 of 1996. This act may be cited as the commission of enquiry validation and immunity from proceedings act, 2009. The commissions of inquiry act was enacted on august 14, 1952 for the purpose of appointing commissions of inquiry and to impose certain functions and powers on such commissions. Section 17 of the rti act provides that an entity to which the act does not apply includes an entity mentioned in schedule 2, part 1. Provided that it shall apply to the state of jammu and kashmir only in so far as it relates to inquiries pertaining to matters relatable to any of the entries enumerated in list i or list iii in the seventh schedule to the constitution as. The commission of inquiry act, 1952 object and scope. Final report of the commission of inquiry 01 dec 18. The appropriate 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 6 each house of parliament or, as the case may be, the legislature of the state, by notification in the official gazette, appoint a commission of inquiry for the purpose of making an inquiry into any definite matter of public importance and performing such. This act is administered by the department of internal affairs. Commissions of inquiry act 1914 uganda legal information.
They are the highest level of inquiry available to government. Commissions of inquiry act seychelles legal information. Note 4 at the end of this reprint provides a list of the amendments incorporated. Revised legislation carried on this site may not be fully up to date. Commission of inquiry definition and meaning collins. Power of president to issue commissions of inquiry.
The commission of enquiry validation and immunity from. Any person whose conduct is the subject of enquiry under this act or who is in any way implicated or concerned in the matter under enquiry, shall be entitled to be represented by an attorneyatlaw at the. Vide commissions of inquiry madhya pradesh amendment act, 1966 m. This act shall be read together with the constitution. Final report of the african union commission of inquiry on. The commissions of inquiry act provides for the appointment of commissions of inquiry and for vesting them with certain powers. Guidance and practice v foreword i am very pleased to present the updated edition of commissions of inquiry and factfinding missions on international human rights and humanitarian law.
Dec 01, 2014 the ability for commissions other than those which were previously formed under and governed by the commissions of enquiry act 1908 to enjoy, for example, the powers to obtain evidence and immunity protection has the potential to allow such inquiries to be more effective. Local government act 1989 3c objectives of a council 1 the primary objective of a council is to endeavour to achieve the best outcomes for the local community having regard to the long term and cumulative effects of decisions. Commissions of inquiry prove to be an effective tool for the united nations and have been formed in the past to investigate allegations of violations of international human rights, international humanitarian law or international criminal law and make recommendations for corrective action based on their factual and legal findings past examples include palestine, lebanon, east. Act to apply to other inquiring authorities in certain cases. Ohchr hrc commissions of inquiry, factfinding missions and. Commissions of inquiry legal definition of commissions of. They operate under the commissions of inquiry act 1908, and are independent of government, but receive administrative assistance from the department of internal affairs. Commissions act 8 of 1947 south african government.
You are hereby summoned to appear before the commissioners appointed by the president to inquire state briefly the subject of inquiry at place upon the day of 19, at oclock, and to give evidence respecting such inquiry. Commission of inquiry appointed under the provisions of the commission of inquiry act of 1948, which as since been amended in 1950, 1953, 1955 and 2008 special presidential commission of inquiry appointed under the provisions of the special presidential commissions of inquiry law, no. Powers to appoint fresh commissioners, and to alter and revoke commissions. Public service act means the public service act, 1994. Any person whose conduct is the subject of enquiry under this act or who is in any way implicated or concerned in the matter under enquiry, shall be entitled to be represented by an attorneyatlaw at the whole of the enquiry, and any other person who may. Commission of inquiry into the disappearances of people in. The pakistan commissions of inquiry act, 1956 act no. Amendment act 36 of 1986statement of objects and reasons. This act may be cited as the commissions of inquiry shott title. Inquiries act 2005 is up to date with all changes known to be in force on or before 23 february 2020. Commission of inquiry into the disappearances of people in uganda since 25 january, 1971. Commissions of inquiry act 1908 no 25 as at 26 november.
Statutory commissions of inquiry are appointed by the governorgeneral on the advice of the government. An act to amend the commissions of inquiry act 1995 be it enacted by his excellency the governor of tasmania, by and with the advice and consent of the legislative council and house of assembly, in parliament assembled, as follows. An act to provide for the appointment of commissions of inquiry and for vesting such commissions with certain powers. Central government under section 3 of the commissions of inquiry act. Whenever it shall appear to the governorgeneral that it will be for the public benefit so to do, the governorgeneral may issue a commission in the form of the first schedule to this act appointing persons, not less than three in number, to inquire into and report upon any matter. Subsection 4 of section 3 of the commissions of inquiry act, 1952 provides that the appropriate government shall cause to be laid before the house of the people or, as the case may be, the legislative assembly of the state, the report, if any, of any commission on the inquiry made by. Sanral then proceeded with an ex parte application to the western. Amendment act 63 of 1988statement of objects and reasons. An update on inquiries and the new inquiries act 20. Commissions of enquiry the commissions of enquiry act arrangement of sections short title. Functions, power and legal status te ara encyclopedia of. The application of the act extends o the state of jammu and kashmir in matters relating to the inquiry conducted by the commission appointed under the act.
Ohchr hrc commissions of inquiry, factfinding missions. Short title this act may be cited as the commissions of inquiry amendment act 20. Nomzamo lwandle ministerial enquiry report 2 failing which it may be held responsible for all legal costs as contemplated in section 65 of the prevention of illegal eviction from and unlawful occupation of land act act 19 of 1998. Public inquiries act 7 no person is liable to prosecution for an offence against any act by reason of the persons compliance with this section. Commissions of inquiry under the rti act office of the.
The ability for commissions other than those which were previously formed under and governed by the commissions of enquiry act 1908 to enjoy, for example, the powers to obtain evidence and immunity protection has the potential to allow such inquiries to. Nov 26, 2018 changes authorised by subpart 2 of part 2 of the legislation act 2012 have been made in this official reprint. Changes and effects are recorded by our editorial team in lists which can be found. Commissions of inquiry act 1950 page 4 current as at 5 march 2017 authorised by the parliamentary counsel applying this act or, as the case may be, the provisions of this act specified as aforesaid, includes that instrument of appointment and the person, or persons, or a quorum of the persons thereby appointed sitting for the purposes of the. Commissions of inquiry act 15 october, 1962 act10 of 1962. Ministerial enquiry 2014 department of human settlements. Government constitutes a commission of inquiry into the effectiveness of the law and processes of land acquisition, land administration, land management and land registration in uganda there have been rampant land evictions and several complaints received from the public relating to land. Commissions of enquiry 5 laws of malaysia act 119 commissions of enquiry act 1950 an act to make provision for the holding of commissions of enquiry. Any proceeding before the commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code, 1860 act xlv of 1860. Power to appoint fresh commissioners and to alter and revoke commissions. Let me state quite shortly the argument for some such procedure as the present.
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