Registered No. WBISC-247 No. WB(Part-I)/2014/SAR-762

lSolkata

ExtraordinaryPublished by Authority

JYAISTHA 15] THURSDAY, JUNE 5, 2014 [SAKA 1936

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

GOVERNMENT OF WEST BENGALHOME DEPARTMENT

(Commissions of Inquiry Cell)"NABANNA", 325, Sarat Chatterjee Road, Howrah - 711 102.

NOTIFICATION

No. 53 - COl /PLIN/IE-1611l1 Howrah, the 4th June, 2014.

WHEREAS, a commission of inquiry under the chairmanship of Hon'ble Mr. Justice Arunava Basu, retired Judge,

High Court, Calcutta [hereinafter referred to as the Commission] was appointed by the State Government in exercise of

the power conferred by Section 3 of the Commissions of Inquiry Act, 1952 (Act 60 of 1952), vide the Home (Political)

Department's Notification No. 4293-PIl E-1611l1 dated 27.06.2011, to inquire into the "SAINBARI" incident in Burdwan

district in March, 1970 ;

AND WHEREAS, the term of the Commission needs to be continued further from 24.06.2014 ;

NOW, THEREFORE, the Governor is pleased to extend the term of the Commission with its existing terms and

conditions, for a further period of 1 (one) year with effect from 24.06.2014 or till submission of its report, whichever isearlier.

By order of the Governor,

BASUDEB BANERJEE

Additional 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

Registered No.WBISC-247 No. WB(part-I)12011/SAR-137

"'

1Solkata

ExtraordinaryPublished by Authority

ASADHA6] . MONDAY,JUNE 27, 2011 [SAKA 1933

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

GOVERNMENT OF \VEST BENGALHome (political) Department

NOTIFICATION

No. 4293-PIlE-161111 Kolkata, the 27th June, 2011.

WHEREAS it has been made to appear to the Governor that on 17th March, 1970, a case being No.50, was registeredin the Burdwan Police Station, wherein 63 accused persons named in the FIR along with about 1500 unknown menbelonging to a particular political party [Communist Party of India (Marxist)] armed with various types of deadly weaponsmarched along public roads in processions in Burdwan town, shouting slogans and surrounding the house of the Sains atthe Telmarui road in the locality known as Pratapeswar Shibtala and carried on, in the presence of guardians of law andorder, a most dangerous operation lasting for about two hours, in course of which they, in furtherance of their commonobject, looted movables from inside the house, set fire to the houses, committed grievous hurt by n:eans of deadly weaponsto a few, attempted to cause death to a number of persons and in a most brutal and atrocious manner committed triplemurder by causing death of Mal ay Sain and Arnab Sain, the two brothers and their private tutor, namely Jiten Roy;

AND WHEREAS the houses ofNabakumar Sain and one Ram Hazra were set on fire in which properties belongingto them were also burnt;

AND WHEREAS the police had to fire three tear gas shells with a view to dispersing the mob;

/

AND \VHEREAS a Commission ofInquiry was constituted by the Government of West Bengal under notificationNo. 2436-P, dated the 28th April, 1970, to inquire into the disturbances which occurred in and around the House of theSains ·at.Burdwan on the 17th March, 1970 (hereinafter referred to as the "Mukherjee Commission");"-"..

("1".

-AND \VHEREAS there is no evidence regarding the acceptance of the report which was published in the CalcuttaGazette, Extraordinary, dated 25th February, 1972 and its laying down in the West Bengal Legislative Assembly undersection 3 of the said Act;

2 THE KOLKATAGAZETTE, EXTRAORDINARY; JUNE 27, 2011,

[PART 1C

AND WHEREAS in view of the gravity of the situation the Governor is of the opinion that it is necessary to appointa Commission of Inquiry to inquire into and report on the incident or disturbances at the aforesaid place;

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 sectio!}3 of the Commissions of Inquiry Act, 1952 (Act60 of 1952), the Governor is pleased hereby to appoint a Commission of Inquiry consisting of Hon'ble Mr. JusticeArunava Basu, retired Judge, High Court, Calcutta (hereinafter referred to as the Commission) to inquire into the aforesaidincidents.

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

(a) To inquire into the events leading to the occurrence of the incident on the 13th March, 1970 at PratapeswarShibta1a in the District of Burdwan, being Burdwan Police Station case No. 50 dated the 17th March, 1970;

(b) To inquire about the people involved and I or responsible for the .incident;

(c) To inquire into the details ofthe victims and/or persons affected;

(d) To inquire into the role of the police and/or other authorities;

(e) To examine the report of the "Mukherjee Commission" and to ascertain as to whether the same was acceptedby the State Government and other incidental matters relatingthereto;

(f) To inquire into the details of compensation paid to the victims;

(g) To inquire into the current condition of the families of the victims;

(h) To inquire into the status of the police cases registered on the incident;

(i) To examine any other matters 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 ?f 6 (six) 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 of Inquiry Act,1952 (Act 60 of 1952), should be made applicable to the Commission, is pleased hereby to direct, in exercise of thepowers conferred by sub-section (1) of section 5 of the said Act, that all the aforesaid provisions shall apply to the.Commission.

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

By order of the Governor,

SAMAR GHOSH,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)/2015/SAR-194

JAolkata

ExtraordinaryPublished by Authority

VAISAKHA25] FRIDAY,MAY 15,2015 [SAKA 1937

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

GOVERNMENT OF WEST BENGALHOME DEPARTMENT

(COMMISSIONS OF INQUIRY CELL)"NABANNA"

325, SARAT CHATTERJEE ROAD, HOWRAH-711102

NOTIFICATION

No. 146-COIIPLINIlE-161/11 Dated, Howrah, the 7th May, 2015.

WHEREAS, a Commission of Inquiry under the chairmanship ofHon'ble Mr. Justice Arunava Basu, Retired Judge,High Court, Calcutta [hereinafter referred to as the Commission] was appointed by the State Government in exercise ofthe power conferred by section 3 of the Commissions of Inquiry Act, 1952 (Act 60 of 1952), vide the Home (Political)Department's Notification No. 4293-P/IE-161/1 1 dated 27.06.2011, to inquire into the "SAINBARI" incident in Burdwandistrict in March, 1970;

AND WHEREAS, the term of the Commission needs to be continued further from 23.06.2015;

NOW, THEREFORE, the Governor is pleased to extend the term of the Commission with its existing terms andconditions, for a further period ofl( one) year with effect from 23.06.2015 or till submission of its report, whichever isearlier.

By order of the Governor,

BASUDEB BANERJEEAdditional Chief Secretary, Home Department

& Home Secretary to the Government of West Bengal.

Published by Home Department (Commissions ofInquiry Cell), West Bengal and printed at Saraswaty Press Ltd.(Government of West Bengal Enterprise), Kolkata 700056.