Commission of Inquiry Act, 2020
An Act to provide the appointment of commissions of Inquiry and for vesting such commissions with certain powers

1. Short Title:-

 

(1) This Act shall be called as Commission of Inquiry Act, 2020.

2. Definitions:- In this Bill, unless the context otherwise requires:-

(1) "appropriate government" - The Government in power.

(2) "TSP's official gazette" - Communication power for Region wide Telegram

3. Appointment of Commission:-

(1) The appropriate government, if has the opinion that it is necessary to establish a commission of inquiry then the government can establish such commission either by passing a resolution for the same in the Assembly or by notification in TSP's official Gazette, 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, and the Commission so appointed shall make the inquiry and perform the functions accordingly.

(2) The appropriate Government may, at any stage of an inquiry by the Commission fill any vacancy which may have arisen in the office of a member of the Commission (whether consisting of one or more than one member).

(3) The appropriate Government shall lay the report of the commission in the Assembly with a memorandum of actions taken thereon. The appropriate government has to submit i the report in the Assembly within a period of 2 months of the submission of report by the commission. 

(4) With a Majority of more than 50% of Assembly the report shall be accepted and sent to the respective Department, of government or Independent to take action on the respective matter.

4. Power of Commission:- The Commission shall have the powers of the High Court, while carrying out the inquiry:- 

(1) Summoning and Enforcing the attendance of any person and examining him/her on oath.

(2) Requiring the discovery and production of any document.

(3) Receiving evidence on affidavits.

(4) Requisitioning any public record or copy thereof from any court or office.

(5) Issuing commissions for the examination of witnesses or documents.

(6) Any other matter which may be prescribed.

5. Additional powers of Commission:-

(1) Where if the appropriate Government is of opinion that, having regard to the nature of the inquiry to be made and other circumstances of the case, the appropriate Government may, by notification in the TSP's official gazette shall declare the new nature of the inquiry for the commission.

(2) The Commission shall have power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as, in the opinion of the Commission, may be useful for, or relevant to, the subject-matter of the inquiry.

(3) The Commission may, for the purpose of conducting any inquiry, appoint persons having special knowledge of any matter connected with the inquiry as assessors, to assist and advise the Commission in the inquiry and the assessors shall be entitled to such travelling and other expenses as may be prescribed.

6. Statements made by persons to the Commission:- 

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:-

(a) is made in reply to a question which he is required by the Commission to answer, or

(b) is relevant to the subject-matter of the inquiry.

7. The Commission to cease to exist when so notified:-

(1) The appropriate Government may, by notification in TSP's official gazette, declare that:-

(a) a Commission (other than a Commission appointed in pursuance of a resolution passed by [The Assembly] shall cease to exist, if it is of opinion that the continued existence of the Commission is unnecessary.

(b) a Commission appointed in pursuance of a resolution passed by [The Assembly] shall cease to exist if a resolution for the discontinuance of the Commission is passed by [The Assembly].

(2) Every notification issued under sub-section (1) shall specify the date from which the Commission shall cease to exist and on the issue of such notification, the Commission shall cease to exist with effect from the date specified therein.

8. Procedure to be followed by the Commission:-

(1) 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).


8A. Inquiry not to be interrupted by reason of vacancy or change in the constitution of the Commission:-


(1) Where 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;

(2) Where during the course of an inquiry before a Commission, a change has taken place in the constitution of the Commission by reason of any vacancy having, been filled or by any other reason, it shall not be necessary for the Commission to commence the inquiry a fresh and the inquiry may be continued from the stage at which the change took place;

8B. Persons likely to be prejudicially affected to be heard:-

If, at any stage of the inquiry, the Commission:-

(a) Considers it necessary to inquire into the conduct of any person; or

(b) 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 to produce evidence in his defence: Provided that nothing in this section shall apply where the credit of a witness is being impeached.

8C. Right of cross-examination and representation by legal practitioner:-

The appropriate Government, every person referred to in section 8B and, with the permission of the Commission, any other person whose evidence is recorded by the Commission,

(a) may cross-examine a witness other than a witness produced by it or him;

(b) may address the Commission; and

© may be represented before the Commission by a legal practitioner or, with the permission of the Commission, by any other person;

9. Protection of action taken in good faith:-

(1) No suit or other legal proceeding shall lie against the appropriate Government, the Commission or any member thereof, or any person acting under the direction either of the appropriate Government or of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or orders made there under or in respect of the publication, by or under the authority of the appropriate Government or the Commission, of any report, paper or proceedings.

10. Members, etc., to be public servants:-

(1)Every member of the Commission and every officer appointed or authorized by the Commission in exercise of functions under this Act shall be deemed to be a public servant.


10A. Penalty for acts calculated to bring the Commission or any member thereof into disrepute:-

(1) If any person, by words either spoken or intended to be read, makes or publishes any statement or does any other act, which is calculated to bring the Commission or any member thereof into disrepute, he shall be punishable with simple ban-ejection for a term which may extend to 2 months or with a suspension of voting right and citizenship or with all the three provisions which may extend for 3 months.

(2) Notwithstanding anything contained in the "Criminal Code", when an offence under sub-section (1) is alleged to have been committed, the High Court may take cognizance of such offence, without the case being committed to it, upon a complaint in writing, made by a member of a Commission or an officer of the Commission authorized by it in this behalf.

(3) Every complaint referred to it in sub-section (2) shall set forth the facts which constitute the offence alleged, the nature of such offence and such other particulars as are reasonably sufficient to give notice to the accused of the offence alleged to have been committed by him.

(4) The Supreme Court shall not take cognizance of an offence under sub-section (1) unless the complaint is made within 3 months from the date on which the offence is alleged to have been committed.

(5) When High Court taking cognizance of an offence under sub-section (1) shall try the case in accordance with the procedure for the trial.

Provided that the personal attendance of a member of a Commission as a complainant or otherwise is not required in such trial;

(6) Notwithstanding anything contained in the "Criminal Code", an appeal shall lie as a matter of right from any judgment of the High Court, both on facts and on law;

(7) Every appeal to the High Court under sub-section (6) shall be preferred within a period of thirty days from the date of judgment appealed from;

Provided that the High Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days.

11. Bill to apply to other inquiring authorities in certain cases:-

(1) 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 Bill should be made applicable to that authority, that Government may, subject to the prohibition contained in the proviso to subsection (1) of section 3, by notification in the TSP Journal, direct that the said provisions of this Act shall apply to that authority, and on the issue of such a notification that authority shall be deemed to be a Commission appointed under section 3 for the purposes of this Act.

12. Power to make rules:-

(1) The appropriate Government may, by notification in TSP Journal, make rules to carry out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) the term of office and the conditions of service of the members of the Commission;

(b) the manner in which inquiries may be held under this Act and the procedure to be followed by the Commission in respect of the proceedings before it;

© the powers of High Court which may be vested in the Commission;

(d) any other matter which has to be, or may be, prescribed;

(3) Every rule made by the government in power under this section shall be laid, as soon as may be after it is made, before the assembly.

(This post was last modified: 06-02-2020, 09:46 AM by Whole India.)

Reply

Okay, first of all, this draft is not in compliance with the Law Standards Act. I also don't know what this TSP Journal is that you are referring to. Furthermore, why is this bill needed?

4× Cabinet minister /// 1× OWL director /// CRS member /// SPSF

My History

(This post was last modified: 06-01-2020, 04:09 AM by Jay Coop.)

Reply

Okay, first of all, this draft is not in compliance with the Law Standards Act. I also don't know what this TSP Journal is that you are referring to. Furthermore, why is this bill needed?

Whole India's maiden speech in the TSP Assembly

Honorable Legislators, 

This proposed Act or even we can say this proposed Bill is allowing the government to create a commission, this proposed Act is the need of the hour. The proposed commission shall be a key player in the making of TSP. "TSP Journal", It was just a error as I meant TSP's official gazette and so the change has been made. The commission has many uses. The High court has lot's of cases and that's what is obvious as we lve in a big democracy, what I am saying is in future it is inevitable that someone will stage a coup or will try it's hard to do so, but we can't deny as it possible and after the coup powers are deduced and then this commission shall play a crucial role it shall help the High Court in investigating the matter and shall create a report on the same, But this isn't the only use of the commission as High Court is fair enough competent, The commission can be appointed to investigate matter's of people's interest like investigating some corruption charges on a particular officer. This commission shall gather evidence, inquire the matter. Th most unique use is that the government can appoint this commission for the purpose like "Employment planning" due to which this commission shall set methods under which new nations shall be given jobs and so. Also the use is like SPSF has liberated a region and now needs to decide the correct owner of it then such commissions can cross check and cross examine the people with their knowledge and shall make sure that the correct information if obtained and then the report shall be given to government and like said in the bill then like said in the Act the government shall present it in assembly and by majority if passed so shall happen. The government is already busy in developing the region is the Minister of Military affairs makes a wrong decision in giving the region then the true owners and their hardwork in creating that region shall be wasted. The commission is also applicable for strategic planning of the region as for example Nation A becomes Prime Minister and with other ministers and Legislator's majority he/she passes a bill which shall repeal Judiciary's power and those Ministers change the region to a dictatorship by bribing the WAD, this is unusual incident, but possible and in that time if SPSF defends the region against those insurgents then the government shall prosecute them for treason as well a commission can be appointed to investigate key involvements whose names aren't still known or the commission can create a report in which all damages to the region shall be mentioned and it shall guide government in recovering the region. This commission is like the great council just few differences like uses. Commission's use will be rare, but its job will be important as it can function with Judiciary as the Region's Chief Justice can also be appointed as the chairman of commission. This Act is just a tool for our region's democracy. The government can also appoint a complain commission in which the Citizens of TSP shall give complains about a ministry's work and this commission shall send the report to appropriate Ministry and it shall act as a Middle Man between Citizens and Ministries and also a puppet registration commission can be set up which shall ask all puppet nations to register [non-WAs] if a nation isn't puppet then the commission can guide how to join WA also SWAN will help. The government if decides citizenship criteria then a citizenship commission which shall record all citizens and shall submit yearly report or termly report [up to government]

(This post was last modified: 06-01-2020, 05:52 AM by Whole India.)

Reply

Firstly, it would appear that your application to become a Legislator is not yet approved

Secondly, if you are going to introduce a new proposal there should at least be an explanation of the problem you are trying to solve and why the legislation is necessary.

Finally, I am not sure what the point of this is - it simply adds a new layer of bureaucracy and is responsible for many of the existing functions of a judiciary.

Reply

Secondly, if you are going to introduce a new proposal there should at least be an explanation of the problem you are trying to solve and why the legislation is necessary.

This, but also, you need to make sure that you communicate more clearly. The block of text above is very off-putting and hard to follow. If you do get approved as a legislator, I would advise you start smaller by commenting on amendments that are in the process of being drafted and try to stick to simpler, shorter arguments until you've gained a more confident, clear voice. There are lots of people who would be happy to help with that, if the time comes.

Founder of the Church of the South Pacific [Forum Thread] [Discord], a safe place to discuss spirituality for people of all faiths and none (currently looking for those interested in prayer and/or "home" groups);
And The Silicon Pens [Discord], a writer's group for the South Pacific and beyond!

Yahweo usenneo ir varleo, ihraneo jurlaweo hraseu seu, ir jiweveo arladi.

Salma 145:8

translate

The LORD is gracious and compassionate, slow to anger and rich in love.
Psalm 145: 8

Reply

Two things:

First, I'm not exactly opposed to this. There have been various things where an independent commission might be useful although I do think the text and communication could use some work.

Second, if we could have more constructive comments in the vein of Seraph, that would be appreciated. We just had a discussion about making people feel welcomed in the Assembly and as WI is brand-spanking new here, let's give a bit of leeway.

-tsunamy
[forum admin]

Reply

Simply based on a surface reading, this seems like something that could be of use. Once it is brought more in line with the LSA, edited to fit TSP's set up better, and an overall argument as to why we should pass this, I think a fruitful bill could emerge.

I applaud the sponsor of the bill on their commitment and eagerness to begin their tenure in the Assembly of the South Pacific.

-Griffindor/Ebonhand
-Current Roles/Positions
-Legislator 2/24/20-
-High Court Justice 6/7/20-
-South Pacific Coral Guard 11/17/20-
-Minister of Engagement 6/17/22-

-Past Roles/Positions
-Legislator 7/3/16-4/10/18
-Secretary of State 4/3/20-2/24/21
-Chair of the APC 9/24/16-5/31/17
-Vice-Chair of the APC 6/1/17-4/10/18
-Local Council Member 7/1/17-11/17/17
-Citizen 5/2012-12/2014 and  2/26/16-7/3/2016

Reply

Firstly, it would appear that your application to become a Legislator is not yet approved

Without meaning to make any comment on the application or the merits of the proposal: The public part of the assembly is open to everyone, and the LegComm "pending" notification even encourages participating here in the interim.

Reply

It's great to see a new legislator with the drive to push forward bold new ideas!

If I may make a suggestion, it might be good to get an idea of how the regional culture is and how laws are written before submitting a full draft. Two things that I noticed in your draft that come to mind are that (1) there is no such thing as a regional gazette, so there would be no point in having provisions that mention one; and (2) laws here tend to be less verbose and lengthy, opting instead to go straight to the point on what kind of thing they hope to accomplish and how to accomplish it.

A law on inquiries is certainly an interesting idea, but perhaps it would be good to write one from scratch based on how things best work in the South Pacific, as opposed to closely mirroring real laws.

Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator.
I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum.

Legal Resources:
THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System

(This post was last modified: 06-01-2020, 03:42 PM by Kris Kringle.)

Reply

Hello Whole India!

So, your draft isn't in the proper formatting, according to the Law Standards Act, but that's an easy fix.  I would also like to point out that your arguments in support of the bill are a bit hard-to-read, I would like to ask that you try to perhaps organize what you're trying to say a little better.  

Welcome to the Assembly, it is nice to see such enthusiasm to get started!

Empress of Fire 
Current Minister of Military Affairs
Chair Perch of the Assembly (February to June 2020)
SPSF Soldier
MoRA Fellow
Ambassador to Forest and Lazarus

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