Section 163 in Jammu and Kashmir Forest (Protection) Force Rules, 2012
163. Commission of Inquiry.
(1)When to be heldA Commission of Inquiry may be held to investigate into any offence alleged to have been committed by any enrolled member of the Force or into any disciplinary matter or any other matter of importance relating to the Force.(2)A Commission of Inquiry shall inter alia invariably be held in cases of(i)unnatural deaths of person subject to the Act or of other persons within the Force premises. At the same time an immediate report shall be sent through the messenger to the officer in charge of the Police Station within whose jurisdiction such unnatural death has taken place;(ii)each and every case of opening of fire by members of the Force, whether operational, accidental or intentional;(iii)injuries sustained by persons subject to the act which are likely to cause full or partial disability. The Commission of Inquiry shall in such cases determine whether such injuries were attributable to exigencies, of services or not;(iv)financial irregularities, losses, thefts and misappropriation of property, whether of public or Force including arms and ammunition;(v)loss of secret documents and any other material of secret nature or about security classification, Such a Commission of Inquiry shall be ordered by an officer or authority against the person having lost the document or material in his charge or under his control;(vi)damage to person or property of an individual, in respect of which there is likely to be a claim on the Force; and(vii)accident of motor vehicles of the Force.(3)CompositionA commission of Inquiry shall consist of an Officer as Presiding Officer not below the rank of the Inspector and at least two other members of the appropriate ranks but above the rank of the person against whom the enquiry is set up. Person not subject to the act may be appointed as members when the Commission is to investigate matters of a specialised nature and members of the Force with specialist qualifications are not available to be the members.(4)Commission of enquiryA Commission of Inquiry may be set up by order of Deputy Director or any officer superior to him.(5)MeetingsThe order setting up the Commission of Inquiry shall state composition of the Commission, the time and the place for its sitting and state the matter clearly which the Commission will investigate. The order will also provide for the administrative requirements of such Commission.(6)Procedure of Commission of Inquiry(1)The proceedings of Commission of Inquiry shall generally not be open to public. Only such persons may attend the proceedings as are permitted by the Commission to do so;(2)The evidence of all witnesses shall be taken on oath or affirmation;(3)Evidence given by witnesses shall be recorded in narrative form unless the Commission considers that any questions and answers may be recorded as such;(4)The Commission may take into consideration any documents even though they are not formally proved;(5)The Commission may ask witnesses any question and in any form, which it considers necessary to elicit the truth and may take into consideration any available evidence;(6)No counsel or legal practitioner shall be permitted to appear before a Commission of Inquiry in that capacity;(7)The provisions of section 69 of the Code of Criminal Procedure, Samvat 1989 shall apply for procuring the attendance of witnesses before the Commission of Inquiry;(8)Before giving an opinion against any person subject to the Act, the Commission may afford that person a reasonable opportunity of being heard;(9)The records of Commission of Inquiry shall be admissible in evidence in any subsequent proceedings:Provided that the answers given by a witness to any question asked before the Commission shall not be admissible against such a witness on any charge at any subsequent occasion except a charge of giving false evidence before such Commission.(7)Time limit for completion of inquiryEvery inquiry shall be completed as expeditiously as possible and in any case within as period of three weeks from the date of appointment of the Commission of Inquiry, unless for reasons to be recorded by the Presiding Officer, it is not possible to do so due to circumstances beyond his control and subject to the extension of time being granted by the Director.(8)Action on the proceedings of a Commission of InquiryThe proceedings of a Commission of Inquiry shall be submitted by the Presiding Officer to the officer or be submitted by the Presiding Officer to the officer or authority who ordered the Commission of Inquiry. Such officer or authority on receiving the proceedings may either pass final orders on the proceedings himself, if he is empowered to do so, or refer them to a superior authority.(9)Copies of Commission of Inquiry proceedingsA person subject to the Act against whom the Commission of Inquiry has given an opinion shall be entitled to copies of the proceedings of the Commission of Inquiry unless the Director orders otherwise in public interest.
