- This Act shall be called the Special Investigation Administrative Board and Bureau of Special Investigation Act, 1951.
- In this Act, unless there is anything repugnant in the subject or context-
- “Board” means the Special Investigation Administrative Board constituted under section 3;
- “Bureau” means the Bureau of Special Investigation constituted under section 7;
- “Prescribed” means prescribed by rules made under this Act.
- (1) The President of the Union shall constitute a Board to be called the Special Investigation Administrative Board. The Board shall consist of a Chairman and not more than four other members.
(2) The terms and conditions of service of the Chairman and other members of the Board shall be such as may be prescribed by the President of the Union.
(3) (a) The Chairman and every other members of the Board shall on appointment makes and subscribe an oath in the form set forth in Schedule I].
(b) The oath shall be made and subscribed by the Chairman before the Prime Minister: and each of the other members of the Board shall make and subscribe such oath before the Chairman.
(4) The procedure at meetings of the Board and the quorum necessary therefore shall be as prescribed by the President of the Union.
(5) The proceedings of the Board shall not be invalidated by reason of any vacancy in the membership of the Board or any defect in the appointment of any member.
- (1) It shall be the duty of the Board to take all action necessary to prevent the commission of offences against “public property” as defined in section 2 (1) of the Public Property Protection Act, 1947, and offences specified in Schedule I, and to issue such order or directions as may be necessary for the investigation of and prosecution in respect of any of the said offences.
(2) The Board shall, subject to the control of the President of the Union, be responsible for the superintendence and general administration of the Bureau.
- (1) In addition to the powers that may be vested in the Board under any other law for the time being in force, the Board shall have the following powers:
(a) To give or cause to be given information’s of any offence against public property or of any offence specified in Schedule 1 to the Bureau or to the Police;
(b) To name to the Ministry, Government Department Local Authority or Board under Government concerned any public servant reasonably suspected of having committed any such offence. The Ministry, Government Department, Local Authority or the Board under Government shall, in addition to any legal proceedings that may be instituted, open departmental proceedings and may place such Public servant so named under suspension pending such inquiry or legal proceedings;
(c) To pass any order requiring any person to take such measures as may be specified therein for the storage, custody or disposal of any public property likely to be stolen, damaged or lost. The person so required shall be bound to carry out such order;
(d) To cause the arrest, if the Board be satisfied that it is necessary so to do, of any person who is reasonably suspected of having committed or committing any offence under this Act or offences specified in Schedule 1; and
(e) To make over to the Police, notwithstanding anything contained in this Act, any case relating to offences specified in Schedule 1 for investigation and necessary action.
(2) Any power which under clauses (i), (iv) and (v) of sub-section (1) is exercisable by the Board, shall be exercised either by the Chairman or by a member authorized in this behalf by the Board by resolution passed at its meetings.
- (1) The Chairman of the Board may, for the purpose of ascertaining the truth or falsehood of any information which is given to him, direct an officer of the Bureau or a Police officer or such other person duly authorized by him in writing in this behalf to make an inquiry or investigation.
(2) The person, not being an officer of the Bureau or a Police officer, so authorized under sub-section (1) shall exercise all the powers conferred by this Act on an officer of the Bureau but he shall not have the power of arrest without warrant.