The corporation of calcutta ( investigation commission ) act, 1948

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West Bengal Act XII of 1948
THE CORPORATION OF CALCUTTA (INVESTIGATION
COMM IS·SION) ACT, 1948.
[Passed by the We st 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 Comm ission to
investigate certain matters relating to the Corp oration 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 ext ent.
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
a d 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 t i other Commissioners, appointed by the Provincial C om­
Government. m ss1on,
(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 mi ssion,
e idence on oath, enforcing the attendance of any person h on
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, 8 60.
Procedure 6. (1) The Commission shall, subject to the provisions
.of Cornmis-. 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 l ether 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.

3The 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.
( ) 2 o document shall be inadmissible in any proceedings
before the Commission on the ground that it is not cluly
stamp ed 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
WHGP-48/9-ll 98A-2500

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