Clause 4

For the purpose of enabling an Inquiry Committee to be constituted in accordance with this section, the Commissioner shall appoint a panel (referred to as the Inquiry Panel) consisting of such numbers of —

qualified persons who are not members of the Force; and

members of the Force,as the Commissioner may determine.(2) A member of the Inquiry Panel shall be appointed for a term of 2 years and shall be eligible for reappointment.(3) Where any complaint against a registered inspector relating to his conduct or the discharge of his duties or responsibilities is received by the Commissioner, the Commissioner may constitute an Inquiry Committee consisting of 5 members of the Inquiry Panel, for the purposes of inquiring into the complaint.(4) An Inquiry Committee shall consist of —

a Chairman appointed by the Commissioner;

2 qualified persons who are not members of the Force; and

2 members of the Force.(5) The Commissioner may, on his own motion, constitute an Inquiry Committee for the purposes of inquiring into the conduct of any registered inspector or the discharge of a registered inspector’s duties or responsibilities if it appears to the Commissioner that the registered inspector has contravened or failed to comply with any provision of the prescribed code of professional conduct and ethics.(6) The Chairman of an Inquiry Committee shall preside at every meeting of the Inquiry Committee.(7) In the absence of the Chairman of an Inquiry Committee, the Commissioner shall appoint an acting Chairman who shall have and exercise all the powers of the Chairman.(8) The Commissioner may at any time remove any member of an Inquiry Committee or fill any vacancy in its membership.Proceedings of Inquiry Committee6B.—

An Inquiry Committee may meet for the purposes of its inquiry, adjourn and otherwise regulate the conduct of its inquiry as the members may think fit.(2) The Chairman of an Inquiry Committee may at any time summon a meeting of the Inquiry Committee.(3) All the members of an Inquiry Committee shall be present to constitute a quorum for a meeting of the Inquiry Committee.(4) Any decision to be made at any meeting of the Inquiry Committee shall be determined by a majority of votes of the members of the Inquiry Committee and, in the case of an equality of votes, the Chairman of the Inquiry Committee shall have a second or casting vote.(5) A member of an Inquiry Committee shall, notwithstanding that he has ceased to be a member of the Inquiry Panel on the expiry of his term of office, be deemed to be a member of the Inquiry Panel until such time as the Commissioner has decided that the Inquiry Committee of which he is a member has completed its work.Commencement of inquiry, etc.6C.—

An Inquiry Committee shall, within a reasonable time of its constitution, commence its inquiry and, subject to subsection (2), submit a written report of its findings (referred to in this section as the written report) to the Commissioner not later than 6 months after its constitution.(2) The Commissioner may grant an extension of time to an Inquiry Committee to submit the written report to him if he is satisfied that the circumstances of the case justify the grant of an extension of time.(3) Subject to the provisions of this Act and any regulations made thereunder, the Inquiry Committee may determine its own procedure.(4) Where an Inquiry Committee is of the opinion that a registered inspector should be called upon to answer any allegation made against him, the Inquiry Committee shall —

post or deliver to the registered inspector concerned —

copies of any complaint made against him; and

a notice inviting him to give, within such period (not being less than 14 days) as may be specified in the notice, to the Inquiry Committee any written explanation he may wish to offer and to advise the Inquiry Committee if he wishes to be heard by the Committee;

allow the time specified in the notice to elapse;

give the registered inspector concerned reasonable opportunity to be heard if he so desires; and

give due consideration to any explanation (if any) given by the registered inspector concerned.(5) Where a complainant withdraws his complaint before —

the Commissioner has constituted an Inquiry Committee to inquire into the complaint; or

the conclusion of the inquiry by an Inquiry Committee,the Commissioner may, notwithstanding such withdrawal, refer the complaint to or direct an Inquiry Committee to continue the inquiry, as the case may be, and the Inquiry Committee shall comply with the direction and all future proceedings thereon shall be taken as if the complaint had been made by the Commissioner.(6) An Inquiry Committee shall, in its written report, make such recommendation as it thinks fit.(7) The Commissioner shall consider the written report submitted by an Inquiry Committee and may —

dismiss the complaint;

by order cancel the registration of the registered inspector concerned;

by order suspend the registered inspector concerned from practice for a period not exceeding 12 months;

by order impose a penalty not exceeding $5,000;

in writing censure the registered inspector concerned; or

make such other order as the Commissioner thinks fit.(8) The Commissioner shall not be bound by any recommendation made by an Inquiry Committee in its written report.(9) The Commissioner shall in writing notify the registered inspector concerned of his decision or any order made against the registered inspector concerned under subsection (7).(10) A registered inspector who is aggrieved by a decision of or an order made by the Commissioner under subsection (7)(b), (c), (d) or (f) may, within 14 days of the receipt of the written notification, appeal to the Minister whose decision shall be final.(11) Where an appeal is made to the Minister within the period referred to in subsection (10), the decision of or an order made by the Commissioner under subsection (7)(b), (c), (d) or (f), as the case may be, shall, unless the Minister otherwise directs, not take effect unless —

it is confirmed by the Minister;

the appeal is for any reason dismissed by the Minister; or

the appellant withdraws the appeal.(12) Before the Minister makes a decision to allow or dismiss an appeal, the Minister may refer the matter to an Appeal Advisory Board appointed under section 28.(13) The Minister may, in making his decision, have regard to any report made to him by the Appeal Advisory Board.(14) Any penalty imposed by the Commissioner in exercise of the powers conferred by subsection (7) shall be recoverable as a judgment debt from the registered inspector ordered to pay the penalty.Powers of Inquiry Committee6D.—

For the purposes of any inquiry conducted by an Inquiry Committee, the Inquiry Committee may —

require evidence to be given on oath and for that purpose the Chairman of the Inquiry Committee may administer an oath; and

require any person to attend and give evidence before it and to produce all plans, books, documents and papers in the custody of that person or under his control relating to the subject-matter of the inquiry.(2) Every person who, without lawful excuse, refuses or fails to —

attend and give evidence when required to do so by the Inquiry Committee;

answer truly and fully any question put to him by a member of the Inquiry Committee; or

produce to the Inquiry Committee any plans, book, document or paper required to be produced by him,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.(3) For the purposes of conducting an inquiry, an Inquiry Committee may appoint any person to make or assist in the making of whatever preliminary inquiries it thinks necessary.”.