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22.
(1) There shall
be appointed a Secretary to the Commission.
(2)
There may be appointed such officers and servants as may be necessary to
assist the Commission in the discharge of
its functions under this Act.
23.
The members of the Commission and the officers and servants appointed to
assist the Commission shall be deemed to be public servants within the meaning
of the Penal Code and every inquiry or investigation conducted under this Act,
shall be deemed to be a judicial proceeding within the meaning of that Code.
24.
The Commission
may delegate to any officer appointed to assist the Commission any of its
powers, and the person to whom such powers are so delegated may exercise those
powers subject to the direction of the Commission.
25.
(1) At the request of the Commission, any officer in the public service
may, with the consent of that officer and of the Secretary to the Ministry of
the Minister in charge of the subject of Public Administration, be temporarily
appointed to the staff of the Commission, with like consent, or with like
consent be permanently appointed to such staff.
(2)
Where any officer in the Public is temporarily appointed to the staff of the
Commission, the provisions of subsection (2) of section 14 of the National
Transport Commission Act, No. 37 of 1991 shall, mutatis mutandis, apply
to, and in relation to, such officer.
(3)
Where any officer in the public service is permanently appointed to the staff of
the Commission, the provisions of subsection (3) of section 14 of the National
Transport Commission Act, No. 37 of 1991 shall, mutatis mutandis, apply
to, and in relation to, such officer.
(4)
Where the Commission employs a person who has agreed to serve to the Government
for a specified period, any period of service to the Commission, shall be
regarded as service to the Government for the purpose of discharging the
obligations of that person under such agreement.
26.
(1) No proceedings, civil or criminal, shall be instituted against any
member of the Commission or any officer or servant appointed to assist the
Commission, other than for contempt, or against any other person assisting the
Commission in any other way, for any act which in good faith is done or omitted
to be done, by him, as such member or officer or servant or other person.
(2)
A member of the Commission or an officer or servant appointed to assist the
Commission shall not be required to produce in any court, any document received
by, or to disclose to any court, any matter or thing coming to the notice of,
the Commission in the course of any inquiry or investigation conducted by the
Commission under this Act, except as may be necessary for the purposes of
proceedings for contempt or for an offence under this Act.
(3)
No proceedings civil or criminal, shall be instituted in any court against any
member of the Commission in respect of any report made by the Commission under
this Act or against any person in respect of the publication by such person of
substantially true account of such report.
(4) Any expenses incurred by the Commission in any suit or
prosecution brought by, or against, the Commission before any court, shall be
paid out of the funds of the Commission and any costs paid to, or recovered by,
the Commission in any such suit or prosecution, shall be credited to the fund of
the Commission.
(5) Any expense incurred by any member of the Commission or any officer
or servant thereof or any person appointed to assist the Commission, in any suit
or prosecution brought against him in any court in respect of any act which is
done, or purported to be done, by him under this Act or on the direction of the
Commission shall, if the court holds that the act was done in good faith, be
paid out of the funds of the Commission, unless such expense is recovered by him
in such suit or prosecution.
27.
The Commission
shall be deemed to be a scheduled institution within the meaning of the
Bribery Act, and the provisions of that Act shall be construed
accordingly.
Posted on 2002-08-25
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