CONTEMPT OF THE COMMISSION RULES, 1980

CONTEMPT OF THE COMMISSION RULES, 1980

[Gazette of Punjab, Extraordinary, 31st August, 1980]

No. PAVC/4‑78/80.‑In exercise of the powers conferred by sections 21(6) and 31 of the Punjab Administrative Vigilance Commission Ordinance, 1979, (Punjab Ordinance No. X of 1979), the Punjab Administrative Vigilance Commission is pleased to make the following Rules :‑‑

1. Short title, extent and commencement.‑‑‑(i)These Rules may be called the Contempt of the Commission Rules, 1980.

(ii)  These extend to the whole of the Province of the Punjab.

(iii) These shall come into force at once.

2. Definitions.‑(i) In these Rules, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say,‑

(a) "accused" means a person against whom any proceedings under section 21 (5) of the Ordinance are initiated;

(b) "Commission" means the Punjab Administrative Vigilance Commission;

(c) "Ordinance" means the Punjab Administrative Vigilance Commission Ordinance, 1979 (X of 1979).

(ii) Any expression used but not defined in these Rules shall have the meaning assigned to it in the Ordinance.

3. The Commission, its Chairman or any Member may on its own motion or on information in writing laid before it by "any person take cognizance of any matter which appears to it as constituting contempt of the Commission, its Chairman or any Member within the meaning of section 21 (5) of the Ordinance.

4. (i) Unless the accused by present, the Commission, its Chairman or any Member shall require his attendance by means of an appropriate process.

(ii) The accused shall be given a reasonable opportunity of showing cause as to why he should not be punished for having committed contempt of the Commission, its Chairman or any Member.

(iii) The Commission, Chairman, or Member, after holding such inquiry and taking such evidence as may be deemed necessary or is produced by the accused in his own defence and after hearing the accused and such other person as may be deemed fit, shall give a decision in the case.

(iv) If contempt of Commission is committed in the view or presence of the Commission, the Chairman or Member, the accused may be caused to be detained in custody, and may be proceeded , against in the manner provided for in the preceding sub‑rules.

(v) The Commission, its Chairman or any Member may release the accused from custody either on furnishing bail or on personal recognizance.

5. (i) Where the alleged contempt not being a case referred to in sub‑rule (iv) of rule 4, involves anything personal to the Chairman or a member and is not in respect of the Commission as a whole, the Chairman or the Member may report the matter to the Commission alongwith the documents or record, if any, and with such comments as may be deemed fit. The Commission shall thereupon proceed to hear the case;

Provided that the Chairman or the members, as the case may be, shall not partake in the hearing of such case.

(ii) The comments furnished by the Chairman, or the Member, under sub‑rule (i) shall be treated as evidence in the case and he shall not be required to appear as a witness.

6. The Commission, its Chairman, or the Member may hear the case or any part thereof in camera and prohibit the publication of the proceedings of the case or any part thereof.

7. (i) The provisions of the Contempt of Courts Act, 1976 (Act LXIV of 1976) shall, mutatis mutandis, apply to the Commission, its Chairman or any Member, as envisaged by section 21(5) of the Ordinance.

(ii) On being satisfied that the accused, whether after defending him­self or without offering any defence has purged himself of the contempt, the Commission, its Chairman or any Member may discharge the accused or remit his sentence.