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Report No. 24 33. Section 8.- (1) While discussing the procedure to be followed by the Commission, we have recommended1 the incorporation of rules 4 and 5 (with suitable modifications) in the Act itself. We recommend that section 8 be suitably amended in this behalf. (2) As regards sittings of the Commission in public or in private, the section leaves the matter to the Commission's discretion. Various suggestions have been made regarding this provision. On the one hand, it is argued that inquiries under the Act should always be held in public, since such inquiries relate to matters of public importance.2 On the other hand, it is argued that sometimes the inquiry relates to a commercial concern and that the holding of such inquiries in public would be detrimental to the interests of such concerns. Since no uniform rule can be laid down in respect of all inquiries, and the question whether an inquiry or any part thereof should be held in public or in private will depend on the circumstances of each case, we think that the best course would be to retain the existing provision, which leaves the matter to the discretion of the Commission. A Commission would consist of responsible persons, and can be trusted to exercise its discretion in a reasonable manner. 1. See para. 14, supra. 2. See in this connection, a Private Member's Bill introduced in the Lok Sabha on 11-5-1962-to amend the Act (Bill No. 15 of 1962) (Shri D.C. Sharma). |
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