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PART III: Staff of the Commission

 

 

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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