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Report No. 24 Appendix II Notes on Clauses Section 3 Section 3(1), main para.-Resolution of both Houses.-It has been provided that where the appointment is to be in pursuance of the resolution of Parliament or State Legislature, the resolution should be of both the Houses.1 Necessary change has been made. The general question of the Government's power to appoint a Commission suo motu has been dealt with.2 Section 3(1), main para.-Notification.-The notification constituting the Commission should specify the matter to be inquired into. It is considered that the Act should contain an express provision on the subject. Necessary change has been made. Section 3(1), main para.-"Performing such functions".-The reasons for making an amendment in respect of the words "performing such functions" have been already given.3 There is a small verbal point in connection with section 3(1), main paragraph, which may be dealt with. Section 3(1) "and within such time".-The appropriate Government can appoint a Commission of Inquiry "for the purpose of making an inquiry into any definite matter of public importance and performing such functions and within such time as may be specified in the notification.... ". The intention obviously is that the inquiry should be completed within the specified time. In order to make the intention clear, small verbal changes have been made. Section 3(1), main para.-Obligation to hold the Inquiry.-In section 3(1), main para. the words "the Commission so appointed shall make the inquiry, etc." have been omitted, because it is considered unnecessary to make any such mandatory provision.4 Section 3(1), proviso (a).-Section 3(1), proviso (a) has been brought in line with section 7 which uses the word "exists". Section 3(1), proviso (b).-A provision has been added to deal with the case where after the appointment of a Commission by a State Government, the Central Government decides to appoint a Commission to inquire into the same subject.5 As the word "exists" is used in section 7, the proviso also has been framed in harmony with that use. Section 3(2).-It has been made clear that the appointment of the Chairman will be by the appropriate Government. Section 3(3).-A new sub-section has been added to give the appropriate Government power to fill up vacancies or increase the number of members.6 Section 3(4).-The provision regarding conclusion of inquiry within the specified period-at present contained in section 3(1)- main para, has been embodied here. Power has been given to the Government to extend the period in suitable cases7 General.-Some of the other important points relating to section 3 have been already discussed.8 1. See the body of the Report, para. 21. 2. See the body of the Report, para. 11. 3. See the body of the Report, para. 24(a). 4. In any case, section 3(4) as proposed creates the obligation. 5. For detailed reasons, see discussion in the body of the Report, para. 22. 6. See the body of the Report, para. 26, for reasons. 7. See also the body of the Report, para. 25. 8. See the body of the Report, paras. 20 and 24(b)(c).    |
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