Registered No. WBISC-247 No. WB(Part-I)/2011/SAR-310

JAolkata

ExtraordinaryPublished by Authority

AGRAHAYANA 16] WEDNESDAY, DECEMBER 7,2011 [SAKA 1933

PART I-Orders and Notifications by the Governor of West Bengal, the High Court, Government Treasury, etc.

GOVERNMENT OF WEST BENGALHome (Political) Department

NOTIFICATION

No. 9978-P/44C-13/2011 Kolkata, the 7th December, 2011.

WHEREAS it appears that police allegedly resorted to firing during a clash with villagers at village Nainan,Mallickpara under Mograhat Police Station, District South 24 Parganas on 1st December, 2011 who protested when ateam of Officers from WBSEDCL, a state power utility and law-enforcers went to Nainan village to crack down onelectricity theft;

AND WHEREAS during the said incident two persons were killed and several others sustained injuries;

AND WHEREAS there has been wide spread public concern about such incident;

AND WHEREAS in view of the gravity of the situation the Governor is of the opinion that it is necessary toappoint a Commission ofInquiry to inquire into and report on the incident or disturbances at the aforesaid place includingprovocations / instigations from any persons / group of persons, if any, leading to police firing;

AND WHEREAS no Commission of Inquiry has been appointed by the Central Government to inquire into theaforesaid matter;

NOW, THEREFORE, in exercise of the power conferred by section 3 of the Commissions of Inquiry Act, 1952(Act 60 of 1952), the Governor is pleased hereby to appoint a Commission oflnquiry consisting of Hon 'ble Mr. JusticePrabir Kumar Samanta retired Judge, High Court, Calcutta (hereinafter referred to as the Commission) to inquire intothe aforesaid incidents.

: The terms of reference of the Commission shall be as follows::-! !

(a) To inquire into the events leading to the occurrence of the incident at Village Nainan, Mallickpara under theMograhat Police Station in the district of South 24 Parganas as aforesaid;

2 THE KOLKATAGAZETTE, EXTRAORDINARY, DECEMBER 7,2011 [PAReT }

(b) To investigate into circumstances including provocations, instigations from any persons Igroup of persons, ifany, leading to police firing;

(c) To investigate the lapses on the part of police personnel on duty while the incident occurred;

(d) To investigate the role and responsibility of the personnel of WBSEOCL in connection with the incident;

(e) To ascertain as to who were involved and I or responsible for the incident;

(f) To inquire into the details of the victims and lor persons affected;

(g) To inquire into the role of other authorities;

(h) To examine any other matter relevant to or incidental thereto above questions which the Commission maydeem fit and proper to investigate;

The Commission may submit its report embodying the findings and its recommendations thereon to the StateGovernment within a period of 3 (three) months from the date of this notification.

The Commission shall formulate its own procedure, select venue or venues of sittings and may give to all concernedsuch notice of the Inquiry and all the procedures formulated by it as it may consider necessary and proper.

The Commission may be assisted by such officials and staff as it may require in connection with the inquiry.

The Governor, being further of the opinion that, having regard to the nature of the inquiry to be made and othercircumstances of the case, all the provisions of sub-sections (2) to (5) of section 5 of the Commissions ofInquiry Act,1952 (Act 60 of 1952), should be made applicable to the Commission, is pleased hereby to direct, in exercise of thep,?wers conferred by sub-section (1) of section 5 of the said Act, that all the aforesaid provisions shall apply to theCommission.

The Governor, being also of the opinion that, having regard to the nature of inquiry to be made and otherCircumstances of the case, the provisions of section 5A of the Commissions of Inquiry Act, 1952 (Act 60 of 1952),should be made applicable to the Commission, is pleased to direct in exercise of the powers conferred by sub-section (1)of section 5A of the said Act that all the aforesaid provisions shall apply to the Commission.

By order of the Governor,

G.O. GAUTAMAAdditional Chief Secretary

to the Government of West Bengal.

Published by the Controller of Printing and Stationery, West Bengal and printed at Saraswaty Press Ltd.(Government of West Bengal Enterprise), Kolkata 700056

Registered No. WBISC-247 No. WB(Part-I)/2014/SAR-734

JAolkata

ExtraordinaryPublished by Authority

VAISAKHA26] [SAKA 1936FRIDAY, MAY 16, 2014

PART I-Orders and Notifications by the Governor of West Bengal, the High Court, Government Treasury, etc.

GOVERNMENT OF WEST BENGALHOME DEPARTMENT

(P.G. & R.T.I. BRANCH)"NABANNA",

325, Sarat Chatterjee Road, Howrah - 711 102

NOTIFICATION

No. 228-PG & RTI/PLlO/44C-13/11 Howrah, the 29th April, 2014.

WHEREAS, a commission of inquiry under the chairmanship of Hon'ble Justice Prabir Kumar Samanta, RetiredJudge, Calcutta High Court [hereinafter referred to as the Commission] was appointed by the State Government inexercise of the power conferred by Section 3 of the Commissions ofInquiry Act, 1952 (Act 60 of 1952), vide the Home(Political) Department's Notification No. 9978-P/44C-13/20 11 dated 07.12.2011, to inquire into the incident of policefiring at village Nainan, Mallickpara under Mograhat Police Station of South 24 Parganas district on 1st December, 2011;

AND WHEREAS, the term of the Commission needs to be continued further from 03.06.2014 ;

NOW, THEREFORE, the Governor is pleased to extend the term of the Commission with its existing terms andconditions, for a further period of 6 (six) months with effect from 03.06.2014 or till submission of its report whichever isearlier.

By order of the Governor,

BASUDEB BANERJEEAdditional Chief Secretary; Home Department&Home Secretary to the Govt. of West Bengal.

Published by the Controller of Printing and Stationery, West Bengal and printed at Saraswaty Press Ltd.(Government of West Bengal Enterprise), Kolkata 700056

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