THE PROTECTION OF HUMAN RIGHTS ACT, 1993 Ara ater Araror afar, 1993 [As amended by the Protection of Human Rights (Amendment) Act, 2006-No. 43 of 2006] (ara aftear Bears Case) afattas, 2006 (2006 = afaterm ae 43) grt aerazifaa Yd ney National Human Rights Commission, India Teta ame sient sai, adThe Protection of Human Rights Act, 1993 Ura sear Arter starr, 1993 [As amended by the Protection of Human Rights (Amendment) Act, 2006-No. 43 of 2006] [aa afte are Cage) aafatrar, 2006 (2006 I afar eee 43) srr aerdenfiral ey National Human Rights Commission Teta We stent Sart Manav Adhikar Bhawan, C-Block, GPO Complex ana after wer, di-seien, sal, aera INA, New Delhi - 110 023 FRU, Fe feei-110023 Website : www.nhre.nic.in Fea + www.nhre.nic.inTHE PROTECTION OF HUMAN RIGHTS ACT, 1993* (Act No. 10 of 1994) (8th January, 1994) An Act to provide for the constitution of a National Human Rights Commission, State Human Rights Commission in States and Human Rights Courts for better protection of human rights and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the forty-fourth year of the Republic of India as follows : * [As amended by the Protection of Human Rights (Amendment) Act, 2000 (ActNo. 49 of 2000) and the Protection of Human Rights (Amendment) Act, 2006 (Act.No. 43 of 2006)ara aitrere Geer afer, 1993* (1994 oT afears Fears 10) (8 vrai, 1994) ama aftert o dear wert @ fore ueiia ame fern ara, eat A arg arr sranit sie arte after aarerat OTS SA wa VAS Valera at anayftre fasat at wafre orm eg offal URG TRI G warered at 4 wae ent feet wr 4 ge oferta et * Parra after wert (easier) afer, 2000 (2000 ar aififrrT well 49) cen arta aber wer (ener) are, 2006 — (2006 ar afehiry eweme 43) arr areneCONTENTS ARRANGEMENT OF SECTIONS Cuarer I PRELIMINARY Sections Page No. 1. Short title, extent and commencement 1 2. Definitions ii Cuarrer I THE NATIONAL HUMAN RIGHTS COMMISSION Constitution of a National Human Rights Commission Appointment of Chairperson and other Members Resignation and removal of Chairperson and Members Term of Office of Chairperson and Members Member to act as Chairperson or to discharge his functions in certain circumstances eS oP & Ca) a Terms and conditions of service of Chairperson and Members 6 Vacancies etc., not to invalidate the proceedings of the Commission 6 10. Procedure to be regulated by the Commission 11. Officers and other staff of the Commission ~~ Cuarrer Ml FUNCTIONS AND POWERS OF THE COMMISSION 12. Functions of the Commission 8 13. Powers relating to inquiries 9~ Oar w 10. 41 12, 13. faraaph aa I uRfia afera aT, fares aie oer ORATSTE ae I asia ara aiffere arant wa asa sar aah wr We SRI TH ST Taeeat HY Paar skag vd Gee Gr canes ak sere GAT seae ud Uae a uarafer after uRRefal 4 weer or ae G wo 4 ard at oT sae Geet or feet seat ot weet BT Gar } Paert site orf Rasa, anfe & ana at orfarfeat or afaftrara a er fener or arant err fefratia fer GAT aint @ afart ak era aang srara UW art & or sie afer anit & ari ara G deftra afarat a, Fw NO OOH14, 15. 16. 17, 18. 19. 20 21; 22. 23. 24. 25. 26. 27. 28. 29. Investigation Statement made by persons to the Commission Persons likely to be prejudicially affected to be heard Cuarter IV PROCEDURE Inquiry into complaints Steps during and after inquiry Procedure with respect to armed forces Annual and special reports of the Commission CuapTer V STATE HUMAN RIGHTS COMMISSION Constitution of State Human Rights Commissions Appointment of Chairperson and Members of State Commission Resignation and Removal of Chairperson or a Member of the State Commission Term of office of Chairperson and Members of the State Commission Member to act as Chairperson or to discharge his functions in certain circumstances Terms and conditions of service of Chairperson and Members of State Commission Officers and other staff of the State Commission Annual and special reports of State Commission Application of certain provisions relating to National Human Rights Commission to State Commissions 11 12 12 13 13 14 15 16 17 18 19 19 20 20 21 21arreor 1 arin & wae afarat ant fey we aes 12 = aaa 7 Gag Sr we wits wars TST Ware ez 12 sears IV fear freer a art 13 ola & chr ak ula & ea aay 13. aera geil BY tact ufsvar 14 arant wt afte six fasts fare 15 oe V wer Aa are arearr wey ara are evar or 7S3F 16 Wey aah seat car Taeal ay Frafea 7 Wer sa @ seat a fax Geer ar er GT 18 Wey arahy S sezert sie waeal at carafe 19 aftay oRReftat F wer or seat G wo 4 ort Get a Seah Heat ar dat 19 Wear sah sezer sik wees at War H Paes six a 20 wey aah & arart aie ora aefaties 20 ey araht BY afta atx fasta Rats 21 wsfa aad sar ara a wate afeoe sos ar Wey sah BT AL eT 2130. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40, Cnarrer VI HUMAN RIGHTS COURTS Human Rights Courts Special Public Prosecutor Charter VII FINANCE, ACCOUNTS AND AUDIT Grants by the Central Government Grants by the State Government Accounts and Audit Accounts and Audit of State Commission Cuarter VIII MISCELLANEOUS Matters not subject to jurisdiction of the Commission Constitution of special investigation teams Protection of action taken in good faith Members and officers to be public servants Power of Central Government to make rules 40(A). Power to make rules retrospectively 40(B). Power of Commission to make Regulations 41. 42. 43. Power of State Government to make rules Power to remove difficulties Repeal and Savings 22 22 23 23 23 24 26 26 26 26 27 28 28 29 2930. 31 32, 33, 34. 35: 36, 37, 38, 39. 40. seat VI amg after rarer FM afta wae fasts ata offer seara VI fea, cet sik Wer amie URE Ee ore WY WOR ER SE oar site sifSe WeI sat H cra silk aiffse aaa VI fafeer art a after & aia + at aret fase fete ater get HT TST weragdes a Ty arta a fore wearer weet ait atarRat or ate Gen err Raq aa ay afta wae at eft 40). qrceft wo SG fas gam aw afer ofa). aratt ar fafrar gar ay eect 44 42, 43. Prey aA BY IST CHT HY wala asa ot ax Hey Bl alder Pree af erga 22 22 23 23 23 24 26 26 26 27 28 28 29 29 30Cnapter I PRELIMINARY 1. Short title, extent and commencement (1) This Act may be called the Protection of Human Rights Act, 1993. (2) It extends to the whole of India. Provided that it shall apply to the State of Jammu and Kashmir only in so far as it pertains to the matters relatable to any of the entries enumerated in List I or List Ill in the Seventh Schedule to the Constitution as applicable to that State. (3) It shall be deemed to have come into force on the 28th day of September, 1993. 2. Definitions (1) In this Act, unless the context otherwise requires- (a) “armed forces” means the naval, military and air forces and includes any other armed forces of the Union; (b) “Chairperson” means the Chairperson of the Commission or of the State Commission, as the case may be; () “Commission” means the National Human Rights Commission under section 3; (d) “human rights” means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India. (e) “Human Rights Court” means the Human Rights Court specified under section 30; © “International Covenants” means the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural rights adopted by the General Assembly of the United Nations on the 16% 1 Subs, by Act 43 of 2006, s.2, for clause (8) (w.e-f. 23.11.2006).sea I mR 1. Wired a, Faeae aie eT (1) ge a@fraa or wierd ae Ama ake Gert afifray, 1903 2 |* Q) sear fear Bopt aes ue e TRA oe ae Use wl Gee gel dhe aM, eT Get aH WHT SH] TH WT GT DMT AN, SPA HT Brel sepa HT TT 1 ur yes Fo woftra vfattcat A a foet @ wala fewat a 2) (@) Fe 28 Rrra, 1903 FT UGe Sa SAS ATT | 2 RATT () seated 4 we ce fe deat a sree afi a e- (@) “aes aa’ SANT, SAT otk TET afore z ih Bed aorta wa oT HY oe GEA Tae; (@) “sear 8 werner, srahr Gr ur tse anayT ar sere afte 8 (1) ‘stat’ @ art 3 & skim fea wea ama stor aratt aft & (@) “ame after” 9 ofan, eadac, wart six cafe at TRaT a Patra tS afer ated se aT afar ERT rear for aye or seea wafeerit A afafare afk ad 4 varererat grr vada 2; () “aa after =a” AF aT 30 } stim faftfee ard afr vararera afta 8 lq) wafer’ 8 Agr WE ST FEAT ERT 16 fraay, 1966 Ht ote ove Pafaer afk worfifre affront oe arr ldo06 % afiPer Gi. 43 DT MRT 2 as (a) Arar ufowonttie fei 28.11.2006 a ware |*tg) th) 0 ) ) 0 (m) (n) December, 1966 and such other Covenant or Convention adopted by the General Assembly of the United Nations as the Central Government may, by notification, specify”); “Member” means a Member of the Commission or of the State Commission, as the case may be]; “National Commission for Minorities” means the National Commission for Minorities constituted under section 3 of the National Commission for Minorities Act, 1992; “National Commission for the Scheduled Castes” means the National Commission for the Scheduled Castes referred to in Article 338 of the Constitution ; “National Commission for the Scheduled Tribes” means the National Commission for the Scheduled Tribesreferred to in Article 338A of the Constitution ;] “National Commission for Women” means the National Commission for Women constituted under section 3 of the National Commission for Women Act, 1990; “Notification” means a notification published in the official Gazette; “Prescribed” means prescribed by rules made under this Act; “Public servant” shall have the meaning assigned to it in section 21 of the Indian Penal Code; “State Commission” means a State Human Righis Commission constituted under section 21. (2) Any reference in this Act to a law, which is not in force in the State of Jammu and Kashmir, shall, in relation to that State, be construed as a reference to a corresponding law, if any, in force in that State. 1 Subs, by Act 43 of 2006, 6.2, for clause (g) (we.f, 23.11.2006). 2 Subs. by 5.2, ibid, for clause (i) (w.e.f. 23.11.2006), 43 of 2006 43 of 2006 20 of 1990 45 of 1860uixetee after) ux siaeerita wefaer cei Gaad WS AT Gl AERT ENT svfloR FT Te Wh oa mater a afters, at dafa ror aftr ene fafafete we, afta 2; I(@) weer” O, wenRerfe, crater a wer ara Hr ee aftr eI; @) 2 ae arent afPray, 1992 BT IT 3} ori wot 2TH) “Uta arated ofa arent” 3 he B 2006 BT 43 OTT oft (ae) Uta arpafat wane ararr’ Safer & owe sam 4 fafeee eta aqafad 2006 aT 43 Gaurd sant atts e]; @) “usta afeer anatr’ Susie afer orarr afer, 1990 HT ART 3 @ seit ahs wets 1990 TT 20 feet ararr afta 2; €) oe © aC ae Ae @ — a frost gre fafea aftr 8; @ ‘ate tae” aa opi 2 at ude Ss 1860 TT 45 afear HT emer 24 4 8; @ wwe aT" BS ont 21 & seis asa wT Aa aero ararr afta 21 2) sw afta 4 fort teh fat o, at oH-oeik wey A vee sel &. ufe fot fider or oa usa G Wer 4, ae sef Tre ore fe ge SE wee A age fet Tee fatter &, afe ary et ate Freer z | 1 2008 & a. 43 a ae 2 & wars (@) [festa 28112006 8 ward] ait wlaventda 2 2006 & HA. 43 HY aR 2 & wus (@) [xi 28112006 4 ward] ar! wfeeenftd |Cuarter I THE NATIONAL HUMAN RIGHTS COMMISSION 3. Constitution of a National Human Rights Commission (1) The Central Government shall constitute a body to be known as the National Human Rights Commission to exercise the powers conferred upon, and to perform the functions assigned to it, under this Act. (2) The Commission shall consist of: (a) a Chairperson who has been a Chief Justice of the Supreme Court; (b) one Member who is or has been, a Judge of the Supreme Court; (c) one Member who is, or has been, the Chief Justice of a High Court; (d) two Members to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights. (3) The Chairperson of the National Commission for Minorities, 4{the National Commission for the Scheduled Castes, the National Commission for the Scheduled Tribes]and the National Commission for Women shall be deemed to be Members of the Commission for the discharge of functions specified in clauses (b) to (j) of section 12. (4) There shall be a Secretary-General who shall be the Chief Executive Officer of the Commission and shall exercise such powers and discharge such functions of the Commission? [(except judicial functions and the power to make regulations under section 40 B), as may be delegated to him by the Commission or the Chairperson as the case may be] 1 Subs. by Act 43 of 2006, 5.3, for “The National Commission for the Scheduled Castes and Scheduled Tribes.” (w.e.f. 23.11.2006). 2 Subs, bys.3, ibid, for “as it may delegate to him.” (wef. 23.11.2006). 3oer I ws Ama sila aarT 3 wee ae oer oIhT aT TST () Bafa wer, ve free o7 at eta ag offre orerT OHS oe eT, ga aeas S aes WA ved afaaat wT vert oe aie we Me ay Get oT orem Se H fay Tea Heh] Q) sat freifeRad 8 eee err, sei — (@) Ue seu, GY Seats ATUTAY HT RAT RITBTEHST WaT 2 @) We Wee, TT Seay TEs or TART & AT ET (7) we wew, Wh Pre Ger renee wT AT ~The 2 ower e © aa, Le Sipe 3s Fee Ne sel ae ara afrort 8 wate frat or art or arate ou # 6) wee ae aah, ‘psa ages uit oat, Tere orate Grote sTaTT] ste MAT AST STANT a STTET ETT 12% Gs (@) 4 Us &) 4 fate got & fer & fry oer S Tee west ae | (@) we Terefea eh, ot sratt oT yer predate after arm ak ae orart ot tet afeaal or wart ote ta Heat oT fred Ser wl (ati geal sie INT cows w sei ® fears) Gt, zenferfe, sar ar semet SA weaaifora? we | * 2006 @ HR. ¥. 43 Ot arr 3 ERT “wesla fase aa ar eifet arpa oA sie oper oonla ait’ & eat ay ufdeenfta (Petia 23.11.2006 8 wart) 23.11.2008 8 wd) | SUNT ENT “ART SS were we’ real a wears ae uleenfder (aia(5) The headquarters of the Commission shall be at Delhi and the Commission may, with the previous approval of the Central Government, establish offices at other places in India. 4, Appointment of Chairperson and other Members (1) The Chairperson and '|the Members] shall be appointed by the President by warrant under his hand and seal; Provided that every appointment under this sub-section shall be made after obtaining the recommendations of a Committee consisting of- (2) The Prime Minister — Chairperson (b) Speaker of the House of the People — Member () Minister in-charge of the Ministry of Home Affairs in the Government of India — Member (d) Leader of the Opposition in the House of the People — Member (e) Leader of the Opposition in the Council of States — Member () | Deputy Chairman of the Council of States — Member Provided further that no sitting Judge of the Supreme Court or sitting Chief Justice of a High Court shall be appointed except after consultation with the Chief Justice of India. @) No ’appointeient of a Chairperson or a Member shall be invalid merely by reason of any ?[vacancy of any member in the Committee referred to in the first proviso to sub-section (1)]. °I5. Resignation and removal of Chairperson and Members (1) The Chairperson or any Member may, by notice in writing under his hand addressed to the President of India, resign his office. (2) Subject to the provisions of sub-section (3), the Chairperson or any Member shall only be removed from his office by order of the President of India on the ground of proved misbehaviour or incapacity after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf by 1 Subs, by Act 43 of 2006, s.4, for “other members” (w.e.f.23.11,2006). 2 Suis. by sA, ibid, for “vacancy inthe Committee.” (w.e 23.11.2006). 5 Subs. bys.5, ibid, for section-5 (wef. 23.11.2006).©) arty wT agers feeehl 4 et oie arehy, Sly won & yg agetes 4, Ake A oT BIA wR Hates Brits we SHAT] 4 FE AR ey ae Br PralaT () Test oor seTeR sik Flex fea airy ERT sreaet atk Ree] oT gra wT TRG EH Bt S sees wetkey Prafet Va afer oT Haprieer Ure a & aver HH ore ot Prafetad @ freee arf, aerfq:— (®) wens Fal — srezer (@) cee sever — weer @) FRA WHR F YS Aas or WAN Aa — Bey (@) ate wo 3 fue or aa — weer @) wo wr 4 fsa or aa — weer (@) Usa HT wr wo wHufa — weer: Tey ae oie fe seaqa waters or ote ane waaefher a fart Sea Tes ST alg ane FEI aT ae S yer ae Borst oe O yard & fragfed far orem, sewer ae Q) sea a fet weer wT we fafa oat ge oer afatrars vet ert fis? [SaIRT (1) b Teed wa A fife oftfa y fot wes Ft wg Ret ze] 5. PNT AR WM BT CITT SAR SETA GATT? 4) seat ar alg weer, egufe a) dali aus sete aia feta GET RT ATAT Te CAPT BAT | 2) SIERT @) S rast H oes ved ay ceaer at feet Weel GS Hat Blea eran a oevein o ae uw fee ay weufe 6 Ud sree W ved ye O sem wT, Gi Gera mea ol, usu ent fee fey GM We, Geaay Wray ant ge Pte fated wea @ separ wt ag are we we Rute fay * 2006} dxi. 43 aR “Sey wel” Bar 4d wird ae ufeewnlda (eri 23.11.2006 8 ward) | 2 euled arr “ahha a ang RA” a ane 4 @ wert ae afeeenfder (ei 23.11.2006 8 wre) | 2006 & Axi, 43 dante & ees 5 ant wleeenfie (Rarer 23.11.2006 A ward) |the Supreme Court, reported that the Chairperson or the Member, as the case may be, ought on any such ground to be removed. (3) Notwithstanding anything in sub-section (2), the President may, by order, remove from office the Chairperson or any Member if the Chairperson or such Member, as the case may be- (@) is adjudged an insolvent; or (b) engages during his term of office in any paid employment outside the duties of his office; or () is unfit to continue in office by reason of infirmity of mind or body; or {d@)__ is of unsound mind and stands so declared by a competent court; or (@) is convicted and sentenced to imprisonment for an offence which in the opinion of the President involves moral turpitude.] '{6. Term of office of Chairperson and Members (1) A person appointed as Chairperson shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier. (2) A person appointed as a Member shall hold office for a term of five years from the date on which he enters upon his office and shall be eligible for re-appointment for another term of five years. Provided that no Member shall hold office after he has attained the age of seventy years. (3) On ceasing to hold office, a Chairperson or a Member shall be ineligible for further employment under the Government of India or under the Government of any State.] 7. Member to act as Chairperson or to discharge his functions in certain circumstances (1) In the event of the occurrence of any vacancy in the office of the Chairperson by reason of his death, resignation or otherwise, the 7 Subs, by Act 43 of 2006, s.6, for “section-6” (w.e.f. 23.11.2006).an & ugaiq far war &, fer, aenRerfe, sever a1 Wa wey a) OS frat seme Ue eer fear GIy | (Q) Saat (2) 4 feat ara + etd ey i, ale, aenRerfa, seaer Toe Was (®) feaferar =arafvite farat urat & ar @) sm verat A ot ve H Heat S aee feet wT Frasr Fara 2; aT @) anf a ake ter S ERT a ve we a we } wara 3 7 () fapofra or é otk Bem woraTes GT WT Aree aera z: a (S) fee tS omer & fery fears cere ore @ ak GRIT a were fra wren @ fire’, weal a wa 4, Afro sea sictdfert & | le, omer aie weal et vara () omer Bowe 4 Paar fear var arg afta, ont oe Teer a atte 8 oe ot eH safe ae ar cer at wT ong wrt oe aA aH, SH S GT A Geet By, TUT Te ETT SAT Q) Weer S wo frgqed fear war wg aafea, ve FETT # ata S ore at wt orale ca oT ye eT ST TEM Aes at wi atk oat 3 fare yaftafed or os rT: TREY BY MT We Gee aS Gay Wed GR cd G Ue GTA We ROT Fel HUT | (@) sear aT as WES, SA Te We FS I OR, ART ROR RB ae or feet wea SET oS oem fat ft aik frat oT oa wel Shr |] 7. wlare GRRGa TW BT We Ee BT Ht Gre AAT a See Hear or frdsa (1) sear BY A Tear oT area Greer S was ve A ag Rta or een 4, weeufe, aR eR, weet 4S fed ws Geer * 2006 & xi. 43 a er 6 ert aftnenfier (fea 23.11.2006 8 ward) | 5President may, by notification, authorise one of the Members to act as the Chairperson until the appointment of a new Chairperson to fill such vacancy. (2) When the Chairperson is unable to discharge his functions owing to absence on leave or otherwise, such one of the Members as the President may, by notification, authorise in this behalf, shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties. 8. Terms and conditions of service of Chairperson and Members The salaries and allowances payable to, and other terms and conditions of service of, the Chairperson and Members shall be such as may be prescribed. Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairperson or a Member shall be varied to his disadvantage after his appointment] 9. Vacancies, etc., not to invalidate the proceedings of the Commission No act or proceedings of the Commission shall be questioned or shall be invalidated merely on the ground of existence of any vacancy or defect in the constitution of the Commission. 10. Procedure to be regulated by the Commission (1) The Commission shall meet at such time and place as the Chairperson may think fit. 71(2) Subject to the provisions of this Act and the rules made thereunder, the Commission shall have the power to lay down by regulations its own procedure.] 1 Subs. byAct 43 of 2006, s.7, for section(8) (w.e.f. 23.11.2006). ? Subs. bys.8, ibid, forsub-section (2)(w.e.f. 23.11.2006),a) aeae 6 wo A ad co oe He & fay ulead eX BHAT wa ae Wai Rea ot aes & fay ay semen HT Prafet aet et ort 2) wa seme Ged F age BRT aT aay ert a am peat or Pdet oe 4 oref 3 ae Gest 4 8 ve Cat eS, fore weutt, serge aR, sa fife sips we , Oe aN aH ae b eat aT fides Ger fers aT oT apa ad ardatt wT fax @ rea z | le, see ae wera we ta & Praery oik ae oeaer ok USE HT Gea dog ok ae ce Aa Bat F oT fram ote ed Oh ahi, ot fata ot oie: ug cea afk feel weer & dog he Heil A cen Sar ory freemt ae tat A caer frafed B wea Sas fey sremTHNT oad set fear ore |] 9. Rat onfe @ arebr a ardateat ar afters 7 ata arart oT PS ord a Sra Pact TS SIR We WSTTA eT O) Gehl a sfetreara ae enh fe sna 4 we fea 2 a was Tea # are afe 21 10. Hime er ararr grr farraPic fea GAT (4) sratt on offers Ua tT SR WTA Ue SPT, UT seTET Siw aA | 212) ga afar sik Gae oefia sare ay fant @ suse ® och Ved ey avert wt omit ufsrar @ ferg faran affrpfera wet ot fet art |] * 2006 @ Gxt 43 AT RT 7 a Eves (9) are weenie (tia 23.11.2006 F well) | 2 2006 A. 43 BT ART 8 a TTS (2) ana wferenfita (feta 29.11.2006 i war) |(3) All orders and decisions of the Commission shall be authenticated by the Secretary-General or any other officer of the Commission duly authorised by the Chairperson in this behalf. 11, Officers and other staff of the Commission (1) The Central Government shall make available to the Commission: (a) an officer of the rank of the Secretary to the Government of India who shall be the Secretary-General of the Commission; and (b) such police and investigative staff under an officer not below the rank of a Director General of Police and such other officers and staff as may be necessary for the efficient performance of the functions of the Commission. (2) Subject to such rules as may be made by the Central Government in this behalf, the Commission may appoint such other administrative, technical and scientific staff as it may consider necessary. (3) The salaries, allowances and conditions of service of the officers and other staff appointed under sub-section (2) shall be such as may be prescribed.68) arart ® wt areer aR fefeag Herefaa ERT oT sa Piet ceva ERT wer Ss SG wera rary fara sea aiffrearky are afsentint fare Tet | 11. GRIT @ aan ak ar war (4) defla Sear, art ar @) aa wor & afea o RR oT we sfreRt, oT a @) WS after o aim, of gferea aneeer Go a wa Ora B, CS ofa ak ae odes cer Ue ora ae ak atanige, at cart & gat or saaret vem aes & fey craze =, Serer ariett | (2) CS fast @ acta ved ey OT de AROR ERT Fa Aft Sry oI, arr va oro seas, detent oh dete odanga yet oe wd, vi de sraeue BH | @) SIRT 2) S aches yaa arenkat ak ar wtaniers ® a, Fa ak Ga SH ae WH eth, ow faea HaCuarrer WI FUNCTIONS AND POWERS OF THE COMMISSION 12. Functions of the Commission The Commission shall perform all or any of the following functions, namely:- @) ) “I © inquire, suo motu or on a petition presented to it by a victim or any person on his behalf’ [or on a direction or order of any court], into complaint of (i) violation of human rights or abetment thereof; or (i) negligence in the prevention of such violation, by a public servant; intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court; visit, notwithstanding anything contained in any other law for the time being in force, any jail or other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection, for the study of the living conditions of the inmates thereof and make recommendations thereon to the Government;] review the safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation; review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures; * Inserted by Act 43 of 2006, s.9, (we.f.23.11.2006) 2 Subs. bys.9, ibid, for clause(e)(w.e.f, 23.11.2006).sear TO art & ore ax afer 12. SRT @ wre aman frafeatad wit a Be rat wr fees GT, sett — (©) warren S an feet tifed afer ERT at SAT sie S fee aafed grr [ar feet -ararera & Freer ar seer Ie] SaaT wee Ht 7g orff ge (i) Fa SMERT ST See TT eT fey GF HT; aT (i) WS sect & fran 4 fret ate Saw ERT oTaRaTeT ae #1, fread S aR F Gta Hey, @) fee =arres & wae ofa Hraret 4 farsa ars arffrert S vere oT og often aadfert @, Ta ware ores O Reaay PT 1m) aeera aT feet fae 4 fost at G ela ey A wea wor & faa & sei fied clot a fret ae Ge T, Wer fet STIR, BIR AT BRET H MAST | fey fee or aftr fey ont 2, get @ Panis} 6 sftes sr areal oT seat et S fey, Peet oe oie TF ® ROR ol oe Ger] (@) der a ara sfrort d eeert } few aca weet feet amy fat err a sab snis orate welt wr yatdeies oon ak sare wrapt eas S fey sorat Hr Rrpifeer eT, @) Want o fire avis ontpae 3 ord Z, afk Git ara ater) & soaht 4 fer stad) & gafteas aear ah aafrd STS warat wT fees HAT * 2006 & ati. 43 a) SIRE 9 are eae 2 2006 6 Axi 43 uN 9 > wavs (4) ert wirwlda| 8@® (h) @ @ study treaties and other international instruments on human rights and make recommendations for their effective implementation; undertake and promote research in the field of human rights; spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means; encourage the efforts of non-governmental organisations and institutions working in the field of human rights; such other functions as it may consider necessary for the protection of human rights. 13. Powers relating to inquiries (1) The Commission shall, while inquiring into complaints under this Act, have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908, and in particular in respect of the following matters, namely : @ (o) © @) ©) tu) (2) summoning and enforcing the attendance of witnesses and examining them on oath; discovery and production of any document; receiving evidence on affidavits; requisitioning any public record or copy thereof from any court or office; issuing commissions for the examination of witnesses or documents; any other matter which may be prescribed. The Commission shall have power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as, in the opinion of the Commission, may be useful for, or relevant to, the subject matter of the inquiry and any person so required shall be deemed13. @) ama ater O data dal ok ary aeaeiels eeardut o see Pe Se sae weal patra # fay Rroiet ae, (@) ama afrort $ as 4 oe Gea GR Gea Baia PT, @) wre & fat aif & da ama aert vast GENT OTTER eT A TER, ae free Her, its ae Ory Wee GT } ARAA GV SF arg B Bert w fay Brees wat B we oS wT SA HT @) ams affert & aa 4 ore th -wrent deat sik Best @ warat Br erased PHT, @ Wet pes oe, WT ag ater & we & fag Fa GAS TTT | ula @ waa seca () oar of, ga a@faa & aie fret S a A aa ord waa oie fasecar feafeftad fesal & dae 8 o ae eifecar ent Gt fafaa ufar Gea, 1908 } seis fort ae a fra aed wa fafra sree eT 2; serie: () wert et was Sear AR SSR HMA TAM WT Ue SAT Wel FMT, (@) fort cede at wre sik ter aes at ote BRAT @) aes ae Wet Tee SAT: (@) fot =rarera ar arate S arg cw after a saat ufafett emer aT; @) wat a carat oF oer & fey aie Fore: @) alg ora faa, af fafea fear ory! Q) sratr of feet afta }, te foshi feeloitior & seis wet ay, freer ve afta grt acasa vac feet fate & seis erat far omy, Wait aat ar fawat we sear Hes HI ster wes TT alse eh, a aratt St wa 4 aie oT fayserg & fore voahit et, a wae Gara at sik fore ala B, Vet oan Tt ory ae ada es asa 9to be legally bound to furnish such information within the meaning of section 176 and section 177 of the Indian Penal Code. (3) The Commission or any other officer, not below the rank of a Gazetted Officer, specially authorised in this behalf by the Commission may enter any building or place where the Commission has reason to believe that any document relating to the subject matter of the inquiry may be found, and may seize any such document or take extracts or copies therefrom subject to the provisions of section 100 of the Code of Criminal Procedure, 1973, in so far as it may be applicable. (4) The Commission shall be deemed to be a civil court and when any offence as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code is committed in the view or presence of the Commission, the Commission may, after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1973, forward the case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under section 346 of the Code of Criminal Procedure, 1973. (5) Every proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code, and the Commission shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. 11(6) Where the Commission considers it necessary or expedient so to do, it may, by order, transfer any complaint filed or pending before it to the State Commission of the State from which the complaint arises, for disposal in accordance with the provisions of this Act; Provided that no such complaint shall be transferred unless the same is one respecting which the State Commission has jurisdiction to entertain the same. Inserted by Act 43 of 2006, 5.10, (w.e.f. 23.11.2006).1 RT 176 HR ORT 177 & aet F OH ghret we S fay der wg a Seg FAST GT | @) grat ar aratr eer ge Pfr fastectar wie as Car ore aren, GT weet arent a ufed S Are HT a B) ee ufpar afear, 1973 ST aT 100 S Vaal S, Get cH F arp. ey, sei wed q ft C8 sat oF eM 4, feraet aad ora @ ore ae fazara oe or art é fe wa HH for ag 8 daa HE Ha TET UT GT Sha @, WaT ax wo aie feet Ca aearda aT afte BL UST sera GAS VECT UT saHT wfafeftat a BHAT | (4) orev of} fate sare aaa cre ak we we Car SRT, GT ada ce Sat HT RT 175, TRT 478, SIRT 179, SIRT 480 TT SRT 226 4 ata & onary at sheteRa A or wafer A fear Gra & Ta sTeTT, aT TST HR Tet Ral eT afta aot ol aftfaRad ae & ugar, vba fe ¢s wfrar afar, 1973 4H vodtra & va meet oT We afree wT AG we fos saat fart oe Ft afrerRar @ sit ge nfs fos as WT Ae tor ont @, aftqed o free Rrorat EM o fay ga WOR oR SPT AMT ae AT Se Misa RTT, 1973 BT RT 346 B ates Tawy OT TT eT | 6) aah 3 are ade oral ot oda ge Sar HT ort 493 otk eet 228 } spf A cen aRT 198} yale G fay anfrw Beat Waa VIET sik sar BY ee ufhar ufken, 1973 HT ST 195 afk oer 26 @ wh wah @ fey fete =e TET WIS ‘[(6) Bet Tar Gar Set sragap atk WAR Wag @, TET Te ST ae, VAP WH SEA 1 Ee TT aad feet freee aT Be wee S wey sar Hy, foras ga aires ode S sya fer & fan frarra wag edt 3%, aa ae wT, TR Cet org rere ca oH arate et aT Teh we ae fe ae ferprad Cai a et foram Baer 4 xiee sary wT SS TaN eA ® aera 7 ET * 2006 F ANT. 43 AS 10 ERI aaxenfta (ears 23.11.2006 V1 wah) | 10(7) Every complaint transferred under sub-section(6) shall be dealt with and disposed of by the State Commission as if it were a complaint initially filed before it.] 14, Investigation Q) The Commission may, for the purpose of conducting any investigation pertaining to the inquiry, utilise the services of any officer or investigation agency of the Central Government or any State Government with the concurrence of the Central Government or the State Government, as the case may be. (2) For the purpose of investigating into any matter pertaining to the inquiry, any officer or agency whose services are utilised under sub- section (1) may, subject to the direction and control of the Commission:- (@) summon and enforce the attendance of any person and examine him, (0) require the discovery and production of any document; and (c) requisition any public record or copy thereof from any office. (3) The provisions of section 15 shall apply in relation to any statement made by a person before any officer or agency whose services are utilised under sub-section (1) as they apply in relation to any statement made by a person in the course of giving evidence before the Commission. (4) The officer or agency whose services are utilised under sub- section (1) shall investigate into any matter pertaining to the inquiry and submit a report thereon to the Commission within such period as may be specified by the Commission in this behalf. (5) The Commission shall satisfy itself about the correctness of the facts stated and the conclusion, if any, arrived at in the report submitted to it under sub-section (4) and for this purpose the Commission may make such inquiry (including the examination of the person or persons who conducted or assisted in the investigation) as it thinks fit. ah(2) SIE 6) S okie oraka OT as wee fread Ww UT at ert tS ona # cre aie Swear Auer fear are APY ae fiterad sien A aH GA Higa FI WE FTI] 14, ayer () oer, ae a weit oe oer HS S yal & fay, wokafs, oy aor a fort wy BOR TT weaft A Hats SRO A SS Wey BR & feel arent a seduer aiftrepeer wy Fae ST STAT Be BHAT | @) wrt Waltra fort fers or orto eet & valor & fay og tar oftrert ar sitar, ferret Sart wr suet (1) S seis wrarT fear ore &, araht @ freer ate Paar @ oeit wet Ev: (@) fox afer ot Gan oe THT oie Efe Se WHAT IT SRST Te SL APT, @) feet certo at mee ok On fay UA FH ater & WaT, site @) fodt profes S fost cite afters or cast ofofett a omen FR WaT | (@) ot 15 @ sraer feet Ce afent ar attaeecr S art format Gast or Saat (1) B aes Bratt fart ure e fee afer ent fey ay foal eer & dae 4 a8 A ome Ge a salt & Tet TET oF S appa A feet afer ent fey wy feet wr F Wat A ary ae 2 @) fore arent a after a Sarit pr erarT saIERT (1) @ okie fear orate de ula S walera feed fava or seduer war aie sa oe orapr or Wet creer S ate, GT avapr art ga PRT arise ot ay, Rote Sar] 6) s7atr, Soot (4) & seis WS at ag featd 4 ora wat 6 ak Moret oy frenof o, afe og af ad ee G ak 4 amar VAR SAT sR ga wale & ferg avery Wel Gta forte storia Se aes HT oT wa aafacat ST et e, fot at fore oeteoy PUT BT UT SAA Vea HI SS WHT, TW ae SiH VA |15. Statement made by persons to the Commission No statement made by a person in the course of giving evidence before the Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement: Provided that the statement:- (a) is made in reply to the question which he is required by the Commission to answer; or (b) is relevant to the subject matter of the inquiry. 16. Persons likely to be prejudicially affected to be heard If, at any stage of the inquiry, the Commission: (e) considers it necessary to inquire into the conduct of any person; or (b) is of the opinion that the reputation of any person is likely to be prejudicially affected by the inquiry; it shall give to that person a reasonable opportunity of being heard in the inquiry and to produce evidence in his defence: Provided that nothing in this section shall apply where the credit of a Witness is being impeached.15, HART Beer aaarat are fey Te BerT arar @ aaa rea 24 BS arpa 4 fox aed arr fear var oe HH, TY GM Ea fea wer oa w fav afta & fear, we fee falta a cise oad @ seiq vel ee a sas waS free vast wet frat oe TREY Ue wa wa fe Car er @) WW aes S vay 4 fear ara 8 ferret ve Ah ws few See SANT ERI Hee BT GY, aT (@) we oF fforsey S Gea ze) 16. oF aaeceal w rag fers We are we TET RATT eS ute oa & foet oar A @) arm feet afer & are ol ata wear saz are @; a (@) sar G1 us we 8 fe oie & feet afta wh enfa w Hiceget WATT USAT TTT =z, Te ve Aled ST ors A Gray se afl pfeRer H eee Tea oe oT Ufaged see ST TRAY SH TT ST Ole ae get ory wey eft ret fare eral wl ffeartian wy a@ery fear oT vet 3)Charter IV PROCEDURE 17. Inquiry into complaints The Commission while inquiring into the complaints of violations of human rights may- (i) call for information or report from the Central Government or any State Government or any other authority or organisation subordinate thereto within such time as may be specified by it: Provided that— (2) if the information or report is not received within the time stipulated by the Commission, it may proceed to inquire into the complaint on its own; (b) if, on receipt of information or report, the Commission is satisfied either that no further inquiry is required or that the required action has been initiated or taken by the concerned Government or authority, it may not proceed with the complaint and inform the complainant accordingly; (i) without prejudice to anything contained in clause (i), if it considers necessary, having regard to the nature of the complaint, initiate an inquiry. 18. Steps during and after inquiry The Commission may take any of the following steps during or upon the completion of an inquiry held under this Act, namely:- (a) where the inquiry discloses the commission of violation of human rights or negligence in the prevention of violation of human rights or abetment thereof by a public servant, it may recommend to the concerned Government or authority — (i) tomake payment of compensation or damages to the complainant * Subs. by Act430f2006 s.11, forsection 18 (w.e.f. 23.11.2006). 13,sear IV visor 17, Rrra @) oat aman, area aert & starr ol Read ol Gta aed wr G@) Se eR a feel Wea FER sera SP seller oat oy mer a aot 8 Ma waa D stay, Gt ora ERT farfere foo wry, wont ar fate ArT WaT Re @®) afe eran ar fraa wa } tee GENT ar Rot? ort wel att 2 at ge Red oe A ees Gs oy WET, @) afe are a ard at ofa Ww, aint HT ae BART 1 ara @ f& og sik we sme vet @ sera srtfera erase waft aor a wren ent ary a dog se ar at at gat @ at os Reread & a 4 orlat set oe ao ak Rrra wT Taga Yad BL wae, di) Gs M4 safe fost aa we wae ware ore fer, af aman, Rrarea at wef ar eu 4 wed BY saga Wasa @ aT Oe AR Be AST | 118. Wa @ Gk aie oa @ Feaq erage anim, za attra o oie at ag fet ota > kr ak BEd WW eM W raft onay aX HT, sale: (©) Get Grea 4 feet ale San grr ara aftrert or sect aT AM aterert oS woor MS frar ay Bye AT AMT aftrert @ Vo GT BART we ela B, cl Get ae WalGt Gere ar wey ee @ Recerca a tfst afer a saS Ge G Beet a * 2006 HA. 43 ARI A ERT 11} es 16 wleRenlda ((eaie 23.14.2006 xi ward) | 13,or to the victim or the members of his family as the Commission may consider necessary; (i) to initiate proceedings for prosecution or such other suitable action as the Commission may deem fit against the concerned person or persons; (ii) to take such further action as it may think fit; (b) approach the Supreme Court or the High Court concerned for such directions, orders or writs as that Court may deem necessary; (c) recommend to the concerned Government or authority at any stage of the inquiry for the grant of such immediate interim relief to the victim or the members of his family as the Commission may consider necessary; (d) subject to the provisions of clause (e), provide a copy of the inquiry report to the petitioner or his representative; (e) the Commission shall send a copy of its inquiry report together with its recommendations to the concerned Government or authority and the concerned Government or authority shall, within a period of one month, or such further time as the Commission may allow, forward its comments on the report, including the action taken or proposed to be taken thereon, to the Commission; () the Commission shall publish its inquiry report together with the comments of the concerned Government or authority, if any, and the action taken or proposed to be taken by the concerned Government or authority on the recommendations of the Commission.] 19. Procedure with respect to armed forces (1) Notwithstanding anything contained in this Act, while dealing with complaints of violation of human rights by members of the armed forces, the Commission shall adopt the following procedure, namely :- (2) _ it may, either on its own motion or on receipt of a petition, seek a report from the Central Government;tal ofaeR UT doe GS eeUg Ge a fwifter He WHT, Gt sanT sae WA, Gi) Wa afer a afecet & fase aftaten fag erates SRT SE OT SY ora Taf ORI Se S fay, front we wan, wit sma Sty was: Gi) GA ory era He Hh Ree ex wer, fs ae die oA: (@) vers ree a data seq =e st tH Prez, ares a fte & fey wil, ae "ees ara TAS, SRT RAT: @) wa @ feet sa GaSe BOR 7 feet ot fer afer a oad Qe > Teel o) WAH cepre aay ered HR oe OH, GT sant sagas was, fier BEAT, (@) we (S) H sual } adi wed av ore fete wT ofa asffar ar sae afafatr pr soar PerT; @) wet soi ate Rat at ve vfs sot Repet ated, Sata Beep a werent wr Foe siz Pater weer ar mfr, we are @T orafey & shee oF Wa otk Te Ata, honey ora a, Rad ue oot Gerfeept eat at aver forae aati va WH ag aa) uM & fey wenfad wag 2, @) onan, daft wor of ment wr crerfearh afec, afe alg 2, al ote Rate cer rary at ReprRet oe Baler TRON TI Ween ext Hi ae a HI GA @ fay weed oka oT wert eT |] 19, UMA Tot S aaa whe () se aires 4 feel art & ved ey A, sah, wearer get S UR ERI Aa aE G sea wT Prpaat B ar ¥ ana ord org, Peafeftad wiper sem, ster — (®) Tarr eater S ar fost sii ar ofa wR Sea GER S Rad ait WaT,(b) after the receipt of the report, it may, either not proceed with the complaint or, as the case may be, make its recommendations to that Government. (2) The Central Government shall inform the Commission of the action taken on the recommendations within three months or such further time as the Commission may allow. (3) The Commission shall publish its report together with its recommendations made to the Central Government and the action taken by that Government on such recommendations. (4) The Commission shall provide a copy of the report published under sub-section (3) to the petitioner or his representative. 20. Annual and special reports of the Commission (1) The Commission shall submit an annual report to the Central Government and to the State Government concerned and may at any time submit special reports on any matter which, in its opinion, is of such urgency or importance that it should not be deferred till submission of the annual report. (2) The Central Government and the State Government, as the case may be, shall cause the annual and special reports of the Commission to be laid before each House of Parliament or the State Legislature respectively, as the case may be, along with a memorandum of action taken or proposed to be taken on the recommendations of the Commission and the reasons for non-acceptance of the recommendations, if any.(@) Rad #1 uifta S usar, arary, wenkefe, Brera 6 aR Ape erfadt ae ST AT Ta GOR ST ott ferprfeet wR WHT | @Q) de wer, Reet oe oi we ae S aR A aah ot dm art & afex oT WS oie wae & aes VT oTaMT oFySTT BY, afaa wet (6) STarT, SH VOR wt at aE ait Ret cer Vai faorRet oe Sa ROR ERT He HNay lsat aert eaté worst ee | (4) sar, suet @) } axis venir Rae wr ofa, stoffer a sam vate ST SITET BAGT | 20. areata alter site fate Rate (@) om, oso oar of ak waft we HOR aT afte Roré nega ae six fort Ht ar We fare oe GT Saat we 4 gon sores or recat é fe weet afte Rat & mega fo OA we ores set fear ort aay, fara Rare mega w eT | Q) wenRafe, astra rae UT UST BREE, aarr ay afte aig fase Rotet at smart at fhonRet wa ag oa aS fay menfta onary @ amon ated ak Roel a adie F orot fea, ufe arg et wenftefe, dag or wer faerm—asa G Wee Wer he HT Tera |Cuarter V STATE HUMAN RIGHTS COMMISSIONS 21. Constitution of State Human Rights Commissions (1) A State Government may constitute a body to be known as the anecececasavecunenuses (name of the State) Human Rights Commission to exercise the powers conferred upon, and to perform the functions assigned to, a State Commission under this chapter. ‘[(2) The State Commission shall, with effect from such date as the State Government may by notification specify, consist of— (@) a Chairperson who has been a Chief Justice of a High Court; (6) one Member who is, or has been, a Judge of a High Court or District Judge in the State with a minimum of seven years experience as District Judge; (©) one Member to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights.] (8) There shall be a Secretary who shall be the Chief Executive Officer of the State Commission and shall exercise such powers and discharge such functions of the State Commission as it may delegate to him. (4) The headquarters of the State Commission shall be at such place as the State Government may, by notification, specify. (5) A State Commission may inquire into violation of human rights only in respect of matters relatable to any of the entries enumerated in List TI and List lll in the Seventh Schedule to the Constitution: * Subs. by Act430f2006 s.12, forsub section (2) (wef. 23.11.2006). 16aan Vv wer Ara afer arent 21. WOT AT SRE APT BT TST (4) Pe Woo BER, SS seas } oes Wea at FI yea Teal ST TaTT SA & fery ake Wit ay pa Tae EI we fre oT Tor Be Warf forTHT ATA.......... .. &RT OT a4) aia after sant SPT | TQ wT at wi ate 3 wl wer wor aeReEAT ent fatrfete ae, Prefered 8 freee aa, setiq:— () we orga, WT feet Sea sarees HT ST A TTEART TET ze: @) Ww wee, ot feet sea oT eres aT reefer & aT ver 8, ao use 4 fore =rarers HT PITTA B UT vat &, FR fot fren =reniigr & wo 4 oy S wa ae ae wT aT z @) Ww wee, ot WS aferat FW frase far ore fore ama ator @ asta ferat oT a a anaes opt al] @) We afea etn, GT wee ara or yer Hrtorer arferenet arm oie ge wey aah BT VST efarat or wart aie Wa Gest aT Pde SOT, GT Ts srapT TA weaefort wR | 4) we oat oT Fees WS SIM We ENT OT eT ERE, argent at, fatafete we | ©) we wea orett Saat Geers Gt Bred ope HT BEAT IL ai Gel UL A waft ofaftest 4 a feet S waa favat S aaa ama aftent @ oftrerr fry ort a oil Se WT: * 2006 a ai. 43 aT ae 12 & eas (2) Ere uftenfite (feaia 23.11.2006 i mardi) |Provided that if any such matter is already being inquired into by the Commission or any other Commission duly constituted under any law for the time being in force, the State Commission shall not inquire into the said matter: Provided further that in relation to the Jammu and Kashmir Human Rights Commission, this sub-section shall have effect as if for the words and figures “List Il and List lll in the Seventh Schedule to the Constitution”, the words and figures “List lll in the Seventh Schedule to the Constitution as applicable to the State of Jammu and Kashmir and in respect of matters in relation to which the Legislature of that State has power to make laws” had been substituted. © Two or more State Governments may, with the consent of a Chairperson or Member of a State Commission, appoint such Chairperson or, as the case may be, such Member of another State Commission simultaneously if such Chairperson or Member consents to such appointment: Provided that every appointment made under this sub-section shall be made after obtaining the recommendations of the Committee referred to in sub-section(1) of section 22 in respect of the State for which a common Chairperson or Member, or both, as the case may be, is to be appointed.] 22. Appointment of Chairperson and ?[Members] of State Commission (1) The Chairperson and “Members| shall be appointed by the Governor by warrant under his hand and seal: Provided that every appointment under this sub-section shall be made after obtaining the recommendation of a Committee consisting of (a) the Chief Minister — Chairperson (b) Speaker of the Legislative Assembly — Member Subs. byAct43 of 2006 5.12, (we .23.11.2006). ? Subs. bys.13, ibid, for ‘other members” (w.e.f. 23.11.2006).ued afe fo C8 fava & aR 4 anaht ger wr acasy vat frat fat @ seia gary wo S afea feet ser smart ERT Tet OO Oa Ot on eet 2 a Teg onatt vee faus S ak 4 ora Tet oe: ay we oh fe aa oeix am after sratt @ Weer 4, ue woert Wa wad ehh art “doa afters a aredl opal a Tet I otk ae UL 4 watts ofafteat FS feet 8 wate farat Bl dag” we oR et GH WI WAAL MAR WT GT WT APT, afeert at aredt orggelt ot welt I A greet vfaeat 4 A fret O wate frat ot gad sik oH feoat a aren fers weer A oa Tat & farm —se oF faftrat aart wT wfod e wer aie ate TET fey ef) 16) at ar at S atte weg GROR, Wey aT S aeger aT WRT HT went S, aembere, Qa SEMeT OT Waa GT ARTI-ART Seay ore tea area or weer Paget we warfl ae Cer seme aT WRT Wah afer & fay weafe ear & TY Va Te ST aaa fires fey, senferfe, ARI seaet a aes a eet ged fey a @ ge aR @ otis Gt ag yale frafts art 22 #1 oer (1) 4 faiftee affe a Reet afta Oe BS wea BT Te] 22, Wor maT @ see ake 2paceny w Myler aw WsITTet Sod SRTER a Fer alee aos ERT Heuer sie Geen? pt Peat BET TR EH SIRT S seis yet falar Va aaa HT fapreet Wet ah BS azar a uot, at Prafefad O fie rh, arte: () We Fat — gener (@) fees ST oT seen — eT 1 2006 @ Gxt, 48 AY at 12 gre wieeenfocy 2 2008 @ GAL. 46 DERI 13 GR aR wee” oD WIA oe URN](ce) Minister in-charge of the Department of Home, in that State — Member () Leader of the Opposition in the Legislative Assembly — Member Provided further that where there is a Legislative Council in a State, the Chairman of that Council and the Leader of the Opposition in that Council shall also be members of the Committee. Provided also that no sitting Judge of a High Court or a sitting District dudge shall be appointed except after consultation with the Chief Justice of the High Court of the concerned State. (2) No appointment of a Chairperson or a Member of the State Commission shall be invalid merely by reason of Tany vacancy of any Member in the Committee referred to in sub-section(1)]. 123. Resignation and Removal of Chairperson or a Member of the State Commission] 43[(1) The Chairperson or a Member of a State Commission may, by notice in writing under his hand addressed to the Governor, resign his office (1A) Subject to the provisions of sub-section (2}, the Chairperson or any Member of the State Commission shall only be removed from his office by order of the President on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf by the Supreme Court, reported that the Chairperson or such Member, as the case may be, ought on any such ground to be removed.] (2) Notwithstanding anything in‘ [sub-section (1A), the President may by order remove from office the Chairperson or any °[Member] if the Chairperson or such®|Member], as the case may be — (a) is adjudged an insolvent; or 1 Subs. by Act 43 of 2006 3.13, for “ any vacancyinthe Committee” ? Subs. bys.14, ibid, for * Removal of amember of the State Commission(we.f. 23.11.2006) 3 Subs. bys.14, ibid, for sub section (1), (wef. 23.11.2006) * Subs. bys.14, ibid, for sub section (1) (wef. 23.11.2006) 5 Subs. bys.14, ibid, for “other member" (w.e.{.23.11.2006)@) sa wsy } ys faye HT VAR He — weer (a) fees war 4S faver @r Atay — GeRT Teg ce SR fe Get fest 47 4 faa GRog =F ae Se URS or wae ee wa aes A fase or aa st Pfs S Geer srt: ch gm ote of eH sare or lg ores arr ar wr anam fore saree T, Pater WT p Seq ATATAY DP Wet sarnatt art oe S ugar & fged fear orem eren, et Q wr at ¢ awa a fort wee wT og Aafed, dat =o OR sfakrars ast efi fe [suet (4) 4 fee alata F oe Rea 21] 23. [eer oreatT @ arexer ar fareht WET BT ATTA a CTT onary" 5[(1) UST AIT Hr seNet UT HE PS Wes Bt Barra ot STERN wie feta, WAT ERT AIA Te IPT WHAT | (1%) SIART (2) S Greet S seis Ved Sy, Wer aayT sh seer aT fai Weel ol hdd Uli HAAR AT SSM H SAR WW fey Ty Wen S WS oes SY vas ve 4 se TIT, WI ver arate wr, TET ERT Peer fey VI wR SeITA Tas BRT ge fafta fafea ufmar d aqqer wag ota wy ae fare fey a @ user fear war é fe, zones, sexe a Me weer ST WS feet ore oR wer fear TAT |] Q) “(Soar ()] 4 feet aa B sd ae A, ale, zener, eae aT PE Aa] (@) fearon =rafite fear ara @; aT 4 2006 @ a 43 Here 13 grr “alefa a wg Raa a” eee} a wrt ue uferemfite | 2 2006 H AY. 43 ST aT 14 ST Bu G Ent ued we aa o ae @T Sera VT oe ufeRerfte | 3 2006 H AG 43 STENT 14 HT Boe G) ane ufeenfita | 4 2006 & Ae. 43 GY eM 14 | SUE G) ane ufeemfta | 5 2006 @ AG 43 EN “WRT Pew” a wre ue ufrenfoa| 18(b) engages during his term of office in any paid employment outside the duties of his office; or (ce) is unfit to continue in office by reason of infirmity of mind or body; or (@ is of unsound mind and stands so declared by a competent court; or (e) _ is convicted and sentenced to imprisonment for an offence which in the opinion of the President involves moral turpitude. 24. Term of office of Chairperson and Members of the State Commission (1) A person appointed as Chairperson shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier; (2) A person appointed as a Member shall hold office for a term of five years from the date on which he enters upon his office and shall be eligible for re-appointment for another term of five years; Provided that no Member shall hold office after he has attained the age of seventy years. (3) On ceasing to hold office, a Chairperson or a Member shall be ineligible for further employment under the Government of a State or under the Government of India.] 25. Member to act as Chairperson or to discharge his functions in certain circumstances (1) In the event of the occurrence of any vacancy in the office of the Chairperson by reason of his death, resignation or otherwise, the Governor may, by notification, authorise one of the Members to act as the Chairperson until the appointment of a new Chairperson to fill such vacancy. + Subs. by Act 43 of 2006 8.15, for section 24 (wre.f. 23.11.2006) 19(@) sof vera A aoa ve & adel) G aax feel waar fats 4 ara @ aT @) anit ow akiRe fer ERT as ve oe a wer B warg 3; (a) fapafia or 2 oie wer -orarers GY Vel teen feerar & a @) fax WS omer ¢ fery Reale seer Gra 2 sik @RTaRT a gafee fear ore @ forse wesie a wa a fre sera sicher 2, at wefe, aeae ot feet (Gesu)! Hr anes ge, ve B eer aE | '[24, TT HAT DB BAA Be GERM BY TeTART (1) semet Gwe 4 fraar frat rar ars ales, ay oe Teer Or ARs G we ay HT safer gH a eR at ST ay wed we ae, g4 S ot ot cect a omar ye ere SMT | Q weer é wa 4 faye fear ar ag afed, aud ve yeoT Hi INT S ures at wt sale TH soa Ve ART HAT wT Wea at @ ak oar & fare qahgfes @r ors er TRG SS MT MERI GER a GT MY WT HR OM H UM STAT Te IT Fe PVT | Q) shzat UT OE WAS, SO Ve A te PF Wy, foe aey aT WOR F oF TARA BOR F seis fet A sie Palas aT oT wet SPT |] 25. wiry ORR FATT GT OA BE OT A are BRAT am cae grat or frisa () eT BT RL TECIT AT oa HTS Tae Te a Se AAT OT ST 4, TTT, HST ENT Wet A a feet ve WERT TT gee & wo Aca de od oe & fay wigs a wha Wa TH Wah Rea eras & fery cere at fgiea set et Gra 1 2006 AM 43 a ARI 15 | Wy a4 ERT “sR Weel” @ wrest ww uftrenftc (ferra 23.11.2006 Ht vaTH) | 19(2) When the Chairperson is unable to discharge his functions owing to absence on leave or otherwise, such one of the Members as the Governor may, by notification, authorise in this behalf, shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties. '[26. Terms and conditions of service of Chairperson and Members of the State Commissions The salaries and allowances payable to, and other terms and conditions of service of, the Chairperson and Members shall be such as may be prescribed by the State Government; Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairperson or a Member shall be varied to his disadvantage after his appointment.] 27. Officers and other staff of the State Commission (1) The State Government shall make available to the Commission (2) an officer not below the rank of a Secretary to the State Government who shall be the Secretary of the State Commission; and (b) such police and investigative staff under an officer not below the rank of an Inspector General of Police and such other officers and staff as may be necessary for the efficient performance of the functions of the State Commission. (2) — subject to such rules as may be made by the State Government in this behalf, the State Commission may appoint such other addministrative, technical and scientific staff as it may consider necessary. (3) The salaries, allowances and conditions of service of the officers and other staff appointed under sub-section (2) shall be such as may be prescribed by the State Government. * Subs, by Act43 of 2006, $.16, for section 26 (wie f, 23.11.2006) 20Q) wa sue gel ue aquRefe & eRe a ae ore a aM pet or des eet 4 serei 2 ga Geet 4S YH UT aeey, we Tera, saat en, ga AAT wed oe, ve ane TH oeue & peat oT ded HoT fora aes or eae or afat wT fee S sarerat 3 | 1/26. WEY AAT BS seresT sie BEM BI Gar Bw Prsers sie we oraer GR WES ot Wes Ac ak AS ce Ge Gar F aT frat afte ert tht ef, ot eee eae ere feed wT ony. TET oezeT oer were } das oie ae 4 cen Var S ore Fart oi wef a saat fafea @ wea sae fee aermeny uftada aet fear GIT || 27. WET ara & arerd ake ar wan (4) Wea Seer, srarT BI (®) ww ater at usa aor & uefa } ve S Ha a at wey arirt or Biers ert, sik @) TH afer & acim, aT gfers rere oT ofr S Ay aa &, © oem aR oer tenNigee eT WS oT SRO GR PAINTS, ASI aT w Peat ar seraTLT Tem oe fay onaay By Tee Geet | 2) tS fast ori vet ay, ut aoa Ue ant ge Afra orange Pyrat Gk WHT, GT Ge sewas GAT | @) smart 2) } seis Praga afterkat sik ora otanied 6 tom, Ha A Gar HT we Ve Enh, Gt asa weer emer fafea et aI * 2006 & aixi. 43 4 aT 16 gier ufeRenfta (eater 23.14.2006 8 wri) | 2028. Annual and special reports of State Commission (1) The State Commission shall submit an annual report to the State Government and may at any time submit special reports on any matter which, in its opinion, is of such urgency or importance that it should not be deferred till submission of the annual report. (2) The State Government shall cause the annual and special reports of the State Commission to be laid before each House of State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House along with a memorandum of action taken or proposed to be taken on the recommendations of the State Commission and the reasons for non-acceptance of the recommendations, if any. 29. Application of certain provisions relating to National Human Rights Commission to State Commissions The provisions of sections 9, 10, 12, 13, 14, 15, 16, 17 and 18 shall apply to a State Commission and shall have effect, subject to the following modifications, namely:- (@) _ references to “Commission” shall be construed as references to “State Commission”; (b) in section 10, in sub-section (3), for the word “Secretary General’, the word “Secretary” shall be substituted; () in section 12, clause (f) shall be omitted; (@) in section 17, in clause (), the words “Central Government or any” shall be omitted; 2428, wer arenT B) afte ate fasts Rae (4) Usa STENT, Tey EER aT afte Rod wegGe wen aie fore ait Sar OS fares oy, ST Saat wT A TT TAT AT HET @ fe woot afte fitd 6 wage fey GM aH ometra ae fea am aifey, forte fare sega oe aT 2) Tea er, wea sah a ale sik fate Rotef wt esr arent ot Rrotet oe ot ag a ot om @ fey wenfed okay ate fed aie aorta a aehpft & Heit ufsa, afe we st, Get tsy ferme et Best S fraee sear f get uel We S Wael, aT Get Ver erase We wes O fraee aqat @ cet wa Wen OD we, TaaTeH | 29. wa ada aber arbre asa wave suet wr WOT ANT Br AL BAT SIRT 9, SIRT 10, RT 12, SIRT 13, SIRT 414, SIRT 15, eIRT 46, SIRT 17 aR ORT 16} WITT Teg oT ST aL ett ak ¢ frafafaa woe @ seis ved ae adh eh, ae — @) voratr @ aft Prést or ae set ore ore fis ta arerr’ & ufe frésr &: (@) aR 10 FT wae (3) A, “Herafaa’ wee B BIA WR “Ufa” wee LAT GTET: @) a 120 as @) oT os fer TT @) oR 17 o Gs @ 4S SRte eROR oT fa we TT fear TET | 24Cnarrer VI HUMAN RIGHTS COURTS 30. For the purpose of providing speedy trial of offences arising out of violation of human rights, the State Government may, with the concurrence of the Chief Justice of the High Court, by notification, specify for each district a Court of Session to be a Human Rights Court to try the said offences. Provided that nothing in this section shall apply if (a) a Court of Session is already specified as a special court; or (b) aspecial court is already constituted, for such offences under any other law for the time being in force. 31. Special Public Prosecutor For every Human Rights Court, the State Government shall, by notification, specify a Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor for the purpose of conducting cases in that Court. 22aay Vi Ara sieipre FOE 30. ATT SHR PITAL amd afert $ sear 4 vers BA ae amen aT efter fran ae & fey sual GRA G vaio G fay, WoT GOR, ser ed & pe eas ST wexfa SF oeREAT ERT Ged oR wr fret eet & fery gate fort F feet Ver ~aarers HT AT afer ara & wo 4 fait ay wart : WRG BH ORT GT SS at aa aM] Ael VMh, Ga aR WaT fart ore far S ona Wa ore & fey — @®) oe Vr =a ved 4 A fee ses e wT A aa @) saws & fay any feet sea ora S ded WS soe ® fey, ay fase =a seat S at fea F | 31. feet cite afar WSS WER, wee arte offre areca @ fer, offer ER. wo ce aftcionn farts eh or feet Ce areca vr, Rest oa S oa ura ad ce afta & wo 4 faftt—aaara fern 1 we ia Fadl @ Gare } wan @ fey, fasta aie @ wo 4 frgar wet 22Cuarter VII FINANCE, ACCOUNTS AND AUDIT 32. Grants by the Central Government (1) The Central Government shall after due appropriation made by Parliament by law in this behalf, pay to the Commission by way of grants such sums of money as the Central Government may think fit for being utilised for the purposes of this Act. (2) The Commission may spend such sums as it thinks fit for performing the functions under this Act, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1). 33. Grants by the State Government (1) The State Government shall, after due appropriation made by Legislature by law in this behalf, pay to the State Commission by way of grants such sums of money as the State Government may think fit for being utilised for the purposes of this Act. (2) The State Commission may spend such sums as it thinks fit for performing the functions under Chapter V, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1). 34, Accounts and Audit (1) The Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India. (2) The Accounts of the Commission shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Commission to the Comptroller and Auditor-General. 23seaqTa VIL fea, crear sie dover 32. BART GPR ERT AZT (1) Safa weer, Bee grr ge fafa fae ger fey mY BETH farart S werd oar at oper wr A Wh raat wr wars oof, at ota tor se afta 3 valet @ fere saat fg am & fay, de wat | Q) aren, 2a afar & eeia Get or oer aS S fey Wi uk ee ey wom Gl we ce wast oie Uh after sse4r () a fhe smert a a eee ae art refi) 33. UU WOR GR Wert (@) wer Bor, flem—asa err ge fafter fater grt fay Ty were faa S Ve MST aN BT ae S ST A Wi erriat or dey Sei, GT wg TRE, se afer S wast S fer saat fog OA & fare cy wat] Q) wer say, srara 5 & akin pel oT oe oT @ fey UA uta we oe eam aT ae dw wast sie Vet usar sued (1) 3 ffee smgert A Wea ae art ooh 34, cher afk date () s7at, va eer sik oer Geta after rer sik chars) or arte faa, Ca ureg 4 dar ar Gl defla een, urd & fraan—aectenniam @ nAst pen, fafea 1 @) ae 6 tant we ater, Paaa—rerctertere ert Wi aaa wat ore ot wae ent fate fey one otk Ui ate F Geer A soa HS ae, start Err PraaH—aerchereery oT Wey en] 23(3) The Comptroller and Auditor-General or any person appointed by him in connection with the audit of the accounts of the Commision under this Act shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Commission. (4) The accounts of the Commission as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the Central Government by the Commission and the Central Government shall cause the audit report to be laid as soon as may be after it is received before each House of Parliament. 35. Accounts and Audit of State Commission (1) The State Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the State Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the State Commission shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the State Commission to the Comptroller and Auditor-General. (3) The Comptroller and Auditor-General or any person appointed by him in connection with the audit of the accounts of the State Commission under this Act shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the State Commission. 243) faaeerctaniae & sik ga afefaa 6 aes aerr S Set HT Ren B Hat 4 sae err Masa fowl atest Go Ta wren S Gar Ad dt after otk faernfer ger weer ett at PaaS > TEIVTaT GEN tenet oT eater w dae 4 ele 8 sik faRrecar we afta, ae, wala aeeR aeT ora cede a Srat_aa User feu GA ST An aed six star & feat W eras or Peer oe ST afer errr | @) Fase —qercreratiem err a se fife wee ener frat fod ora aida ent varftra, ararT } cel, Sa oe ae feat aed, sah ant ota Weer ofeat ast ot sik SH TPR, Wh weten Rote wr, Tas wet SH S oeerg wee, Wee > yet Wet B Wat wea | 35. UOT STINT @ crear sile wae () uso arm, vere cen ok oro Yeta afters ver ak cart or afte fear, tt wed ¥ dae ae of wg ROE, ad & faisae—rarcerter S west web, fafea we] 2) yea ar & erst a oven, Peasy—aererera sere ERT US see w ol orett al wae ere famfée fay oy ok Ue ater & deer F oe By ay, weT sary ENT Poaarereranee Ht Wea SPT | 6) Paso —rerciernam @ ay ga aera & et ToT STEMT @ ASIN BT TANT H aey H GAH IT 1 Prget fet eats Ba water w wae FT ay aferare alte fossa cer weer ait ot Paan—aarcterdan db Mea Ua cenit aT wer S war A sid @ ak faerec va afear, cet wala Tsay Ter ara Tea ak TTT Ger fy GM at aT ae a use art & feet fh arate or PM ae ar aor =r | 24(4) The accounts of the State Commission, as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the State Government by the State Commission and the State Government shall cause the audit report to be laid, as soon as may be after it is received, before the State Legislature. 25@) Prise —arercrearies eet um ge ffi wae ERT Praaa fot oa afet err wrt wsg ser @ ce, St oe wet ak wou Hor, A aaen Raté ot san we Bh G Tear were, ase fers BAeT Tera A | 25Cuarter VOI MISCELLANEOUS 36. Matters not subject to jurisdiction of the Commission (1) The Commission shall not inquire into any matter which is pending before a State Commission or any other Commission duly constituted under any law for the time being in force. (2) The Commission or the State Commission shall not inquire into any matter after the expiry of one year from the date on which the act constituting violation of human rights is alleged to have been commited. 37. Constitution of special investigation teams Notwithstanding anything contained in any other law for the time being in force, where the Government considers it necessary so to do, it may constitute one or more special investigation teams, consisting of such police officers as it thinks necessary for purposes of investigation and prosecution of offences arising out of violations of human rights. 38. Protection of action taken in good faith No suit or other legal proceeding shall lie against the Central Government, State Government, Commission, the State Commission or any Member thereof or any person acting under the direction either of the Central Government, State Government, Commission or the State Commission in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or any order made thereunder or in respect of the publication by or under the authority of the Central Government, State Government, Commission or the State Commission of any report paper or proceedings. 39. Members and officers to be public servants Every Member of the Commission, State Commission and every officer appointed or authorised by the Commission or the State Commission 26ae Vill fafeer 36. SRT DP aaa Bahia 7 ard aret favs (4) oat, fos 0S fewy a ia él GMT ol acwHe YERT first fat & sei carR wo 4 afea frst wea ara ar fet ser arairt & net aft 2 (2) SINT aT eee aa Be ARTS, fas Ae serERt FT Vet Wenta we gel wrest or fear arr afters @, W vH at wr watt & qearq fret fare ot ora set SAT | 37. fase ada ceil or 78F ceara ge fot ora fater 4 fort oa @ ete gy of, Get aro ol oe fran & f& Ca oe sasae @ sei ge Ve TT oe fase SIT Sot HT TSA HY GHA, AA Gat User siferont ett fier ge ame ation} & veces VY vans OF ae opel o ote ak afar 8 yao 3 fay orazap ward 31 38. Uquayde wag ora B fore weary ge afeifray a ga seis gare ry fee faa ar foxet sreer BST F Beers wl ag a ST a & fey oneafad feet aa @ aR 4 ser fei Roe, eam, 7 aad] S Shy TET, WT WER, AAMT BT ISY aT } UIE ERT aT Tae seh fret yore @ aR 4 we A ae a oer fate ore ala wR, Te] GOR, Sant, Wet sant a was fest Weel sera Hata TOR, TST WER, APT aT ST sett S Pree Het Se are fort aftr free vet ert 39. Ware! aie atenRat or cite Waa tar STahT OT Use sary or ues Bee se ga Afra S seis peat or yar oe) B fey sary Wey array Ere Frye aT wea 26to exercise functions under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. 40. Power of Central Government to make rules (1) The Central Government may, by notification, make rules to carry out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters namely :- (2) __ the salaries and allowances and other terms and conditions of service of the’[Chairperson and Members] under section 8; () the conditions subject to which other administrative, technical and scientific staff may be appointed by the Commission and the salaries and allowances of officers and other staff under sub- section (3) of section 11; () any other power of a civil court required to be prescribed under clause (f) of sub-section (1) of section 13; (d) the form in which the annual statement of accounts is to be prepared by the Commission under sub-section (1 ) of section 34; and (e) any other matter which has to be, or may be, prescribed. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that nile. * Subs. by Act 43 of 2006,s.17, for “Member” (w.e.f. 23.11.2006) 27yaa ater, ada ds ual FH art 21 G aef 4 Aha daw WAST GT | 40. PRT Tat BY BRT TRE Bt aT () Saha tee, ge afta G wiael of aaitad Ee fery Fras, off ERT, TAT BAT | Q) faRrecr sik qari aftt oS) arama ve wltagt ye wiel feat, Ca fast # Prafertad wit ar frat fawat & fery gueder fear ot wea, ser — @®) ORT 8 & seit [seer sik Weed]! w dcq sie et TT Bar & ory Pras oie er, (@) 3 st, fare aeis ora gerate, apie oie tenfre paeniere arerr ere fraeet fry GT wat AMT MT 11 ST SIIRT 8) S aki affankat sie ora mages G ITT ait 7; @) fafa saree a org ora afta, GT aRT 13 HT SoeRT (1) 6 Gs (@) & seis fates wT oft softer 8; (@) ae wee, fora arayr ERT eIRT 34 BT VIEIRT (1) & seis () ay ora faoy, ot fates fear or @ ot fear ae) 6) sate ¢ ois art tar gets Prem, ary on S Tea IR, GIS G wIH Ta H GH We de wa A B Ge die fea oy ora & fery wear oryet| we arafs ve wa 4 spre ey ao ate age eat 4 wi et wert) ae sa wa 6 ar water appt wat 6 de ae oe wa S oa } od det wea BT faa a og gRada oe D fey wend BT UNE TT aRa de tS uftafca wa 4 é gard errr afe ved ora & ye eat Ges BEAT a ay fe ae faa él aera aT aifey at Tease ae fT at org fog PaaS WS oRatia a Sera eM S See sei ved ot 1g fet art ot farmer oe uf wae ad} USAT | * 2006 @ Gi. 43 FT ART 17 ERT “Hee” @ wrt oe ufrente (ete 23.11.2006 8 we) | 271T40A. Power to make rules retrospectively — The power to make tules under clause (b) of sub-section (2) of section 40 shall include the power to make such rules or any of them retrospectively from a date not earlier than the date on which this Act received the assent of the President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the interests of any person to whom such rule may be applicable.] ?140B. Power of Commission to make Regulations (1) Subject to the provisions of this Act and the rules made thereunder, the Commission may, with the previous approval of the Central Government, by notification, make regulations to carry out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:- (a) the procedure to be followed by the Commission under sub- section(2) of Section 10; (bt) the returns and statistics to be furnished by the State Commission; (c) any other matter which has to be, or may be, specified by regulations. (3) Every regulation made by the Commission under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulations or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that requlation.] * Inserted by Act49 of 2000, s.2, (w.e.f. 11.12.2000) ? Inserted by Act43 of 2006, s.18 (™-£ 23.11.2006) 28tfaow, Gantt wa S Faq srt wi eifea—eret 40 Ht sere (2) & Gs @) F seis Pas aan a afta S othe WS Prat A 9 fit faa ar dart wo S fet WA one 4 A WT ofa arf, at va are @ ode 4 et fore! oe afefras af ergata at ota ured atc @, ford fet te frre or tar og yaoeit waa Tet fear cig fore fee feet ta ated @, forset te Raa ary, a ward 2), feat we wag WATT We |] T4ou. aredkt at fARaH eA at ele 4) a ata ok wae ons aay ay Rant S oueet S arf ted Be sma, Sala war o wierd B ga afeftar weal al oaitad oe & fav faftan gar waa! @) fared afk wart aft a area Ww wit wT ore fear, ta fattaat 4 feafettad att or fest fasat 6 fay waar fear or aaa, aetq:— @®) RT 10 BIRT (2) B okie oratt ant ona BUA arett wiser, (@) wed aah ERT Wee GGA aioft faaeftrar sik aise; @) wg oer faa, at faferat ger fafatete fear orate aT fear sy | @) ga afifray seis ararT st ara sar yet fafa, TAY UM } WA WI TAs SUS Tes HF GH, Ue ae Wa Fa oe dre fer HF oat & fore wear Gre we sta we wa A sem ot a ste spf cat # ae st aril) aft wa wa OD aT Yeier aati wat @ dip Te G ta H aaa @ ud at war va fafray 4 og vRada eel S fey wena ef one a) cea qe WS oRafts wT a St wah erm! ale wea oa & og et Wat Berd Bt oy fe ge faay ast STAT GAT Sy TT aTFaNT ae fropra et are ford fatten 3 88 oRaftic ar freee ot U Vas seis weet STE fee aa or fafeerera oe ufsaet yaa ae 1377 |] * 2000 @ 3.4. 49 aT INT 2 ET saseniter (feats 11.12.2000 F wah) | 2 9006 & Axi 43 a err 18 gAT siasenfda (Raia 23.11.2006 8 rh) | 2841. Power of State Government to make rules (1) The State Government may, by notification, make rules to carry out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely : (a) _ the salaries and allowances and other terms and conditions of service of the [Chairperson and Members] under section 26; (b) the conditions subject to which other administrative, technical and scientific staff may be appointed by the State Commission and the salaries and allowances of officers and other staff under sub-section (3) of section 27; (the form in which the annual statement of accounts is to be prepared under sub-section (1) of section 35. (3) Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House. 42. Power to remove difficulties (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government, may by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty. Provided that no such order shall be made after the expiry of the period of two years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each house of Parliament. * Subs. by Act 43 of 2006, s.19, for “the Members” {W-e-£ 23.11.2006) 2941. PITT TAT Dt MOT RGR Ma () Safa BER, ge sia GB Braet ot Haar BA } SEREAT ERT FAT BHAT | @) fares sik qairh offs 1 arapar wy ata WATT wie for, tS feat 4 frafefted weit or fot faoat @ fer, soar fear ul waa, setq — () TR 26 @ aes ‘seat se GeRH] G Tos aie wet eT Ga & amy aer oie ere, @) oe, fore ois oma gerate, aaritat ote dane Praniys Wea arart gre aaa fey aT wa cer eT 27 GH BUIRT (3) S aes araikal aie ay Galera aga ak wR; @) ae wa, fae aT 35 Ft STMT (1) B sis afte cat flac dar fey ort | @) Sa ont > seis We VER ERT Ta Tat wed Fra, TAR GA B sea aereite, wet wea faermaisea H at wes 2 get Teas Wes G UAT TT el WS fees asa GI UH Wea F set VS Wet S FAT VT STITT | 42, weasel ot a wet MH ale () af se star @ saat ot wad ot 4 ad oford wort ald) 2 at Sey ea, wos 4 gaia snes srr Wa auaer a Vet GT ee sfeas $B sree S sera a et she Sa foes oR oe & fay ve oreeae oT wi ois at: Tey ta OY area ga afta & oe aT ate Sat ot @) oat or waa B gee wal fat oIETT | (2) FARIS seis fHar wa gels sree, fay GM H wand WI Bae B yep Wes HS WAT WaT GPT | * 2006 Az. 43 FT aI 19 eer wfexemfite (feta 23.11.2006 A wT) | 2943. Repeal and Savings (1) The Protection of Human Rights Ordinance, 1993 is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of this Act. 3043, Freed sie arate (4) ama arftrepre Bert aeareey, 1903 gah Err fafa fear OT = | Q) Wa freee @ ete gy A, ved semes H els GT ag oe Se AL RT a \ 30% aa) ny yee National Human Rights Commission Tet aaa after arnt Manay Adhikar Bhawan, C-Block, GPO Complex ama afeeat aor, sce Bl, SLs. Bieta INA, New Delhi - 110.023 FBAT,, 48 feet-110023 Website : www nhre.nic-in aaaig2 + www.nhre.nic.in