SCHEDULE II
(See rule 25)
1. (l) When the Central Government refers the case of a citizen of India to a Committee of Inquiry under sub-section (3) of section 10 (which relates to deprivation of citizenship of India), the Committee of Inquiry (in this Schedule referred to as “the Committee”) shall before holding the inquiry, cause notice to be given to the person to whom the inquiry relates, stating the time and the place where it will be held and the nature thereof and informing him that he will be entitled to be present and/or to be represented by counsel or solicitor, or if the Committee think fit, by some other person approved by them.
(2) A notice under this rule may be given,—
(a) in a case where the address of the person concerned is known, by causing the notice to be delivered to him personally or by sending it to him to the address by post;
(b) in a case where that person’s address is not known, by sending it to his last known address and in such manner, if any, as the Chairman of the Committee shall consider fit.
(3) A notice as aforesaid shall be given such time (not being less than 30 days) before the holding of the inquiry as the Chairman of the Committee shall consider reasonably necessary.
2. A notice under paragraph l may require the person concerned to answer it in writing and to furnish in writing to the Committee any information which they consider material, to be verified in such manner as they may be required.
3. (l) The Committee shall have all the powers of a Civil Court for the purpose of taking evidence on oath, enforcing the attendance of witnesses, issuing commissions for the examination of witnesses, and compelling the production of documents.
(2) The Committee shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXV of the Code of Criminal Procedure, 1898 (5 of 1898).
4. The Committee may act upon any information which is available whether or not such information is given on oath or would be admissible as evidence in a court.
5. The Committee may invite any Government department or Ministry of the Government of India which appears to them to be interested to appoint a person to represent the department or Ministry at the inquiry.
6. (l) The Committee may act notwithstanding any vacancy in their number, and the quorum of the Committee shall be two.
(2) The Committee may delegate one or more of their members to inquire into any particular matter relating to the inquiry, and the member or members so delegated shall, for this purpose, have all the powers of the Committee under sub-paragraph (l) of paragraph 3.
7. The Committee may postpone or adjourn the inquiry from to time.
8. The Committee may allow or refuse to allow the public or any portion thereof to be present during the whole or any part of the inquiry.
9. Subject to the foregoing paragraphs, the procedure at the inquiry shall be such as the Committee may determine.