Section 0

`T he` `Protection of H um an R ights A ct, 1993` `gAs amended bjr tlze Protection of Human lkights (Amendment) Act, 2006-No. 43 of 20061` `b-[t]` `National Human Rights Commission` `Faridko: House Copernicus M arg New Delhi - 1 10 001 Nvebsite : Nmvw.nhrc.nic. in` `.` `THE PROTECTIO N O F HUM AN RIGHTS ACX 1993* '` `No. 10 of 1994 '` `'` ==> picture [98 x 18] intentionally omitted <== `An Act to provide for the constitution of a National Hum an Rights Commission, State Human Rights Commission in States and Hum an Rights Courts for better protection of hum an rights and for m atters connected therewith or . incidental thereto.` `Be it enacted bp Parliam ent in the forty-fourth pear of the` ==> picture [142 x 17] intentionally omitted <== `* As qmended bp the Protection of Human Sfghls pAmendmcnl) Act, 200&. No. 43 oj 2006.` `'` `CO N TENTS` `PREAM BLE` `CHABr.R 1` `PRELIM INAR` |PRELIM INAR|| |---|---| |Short title, extent and commencement|1| |2. Definitions|1| |CHAIC'ER 11|| |THE NATIO NAL HUM AN RIGHTS COM M ISSIO N|| |Constitution' of a Nationàl Human Rights Com' mission|| |Appointment of Chaimerson and other Members|4| |Resignation and removal of Chairperson and Members|4| |6. Term of Office of Chairperson and Members|5| |Member to act as Chairperson or to discharge his|| |functions in certain circum stançes|6| |8. Terms and conditions of service of Chairperson and Members|| |Vacancies etc., not to invalidate' the proceedings|| |of the Com m ission|6| |10. Procedure to be regulated W the Commission .|| |Officers and other staff of the Comrriission|7| |CHAN ER III|| |FUXCTIONS AND POW ERS OF THE COMM ISSION|| |12. Functions of the Commissioh|8| |13. Powers relating to inquiries|9| |l4. investigation|| |---|---| |15, Statem ent made bv pcrsons to the Comm ission|| |16. Persons likely to be prejudiciallv affected to be heard|12| |CHABTER IV|| |PRO CEDURE|| |Inquity into com plaints|13| |18. Steps during and after inquiw|| |19. Procedure with respect to armed forces|14| |20 Anpual and special reports of the Commission|| |CHABTER V|| |STATE HUM AN RIGHTS COM M ISSIO N|| |Constitution of State Human Rights Commissions|16| |22. Appointment of Clairpe'rson and Members|| |of State Com m ission<br>.|| |23. Resignation and Rem oval of Chairperson or a|| |M em ber of the State Com m ission|18| |24. Term of office of Chaim erspn and Members|| |of the State Commission|19| |25. M ember to act as Chairperson or to discharge|| |his functions in certain circum stances|19| |26. Terms and conditions of servic' e of Chairperson and|| |'M em bers of State Com m ission '|20| |27. Officers and other staff of the State Commission|20| |28. Annual and special reports of State Com m ission|21| |29. Application of certain provisions relating to National|| |Human Rights Comm ission to State Com m issions|21| `CHm ER VI` `HUM AN RIGHTS COURTS` |CHm ER VI<br>HUM AN RIGHTS COURTS|| |---|---| |H um an Rigbts Courts|22| |31. Special Public Prosecutor|22| |CHAN ER VII|| |FINANCE. ACCO UNTS AND AUDIT|| |32. Grants W the Central Government|23| |33. Grants bp the State Goverriment|23| |34. Accounts and hudit|23| |35. Accounts<br>.and Audit of State Commission|24| |CH- ER VIII|| |M ISCELLANEOUS|| |36. Matters 'not subject to jurisdiction of the Commission|26| |37. Constitution of special investigation team s|26| |38. Protection qf action taken in good faith|26| |39. Members and officérs to be public sewants|26| |40. Power of Central Government to make rules|| |4O(A). Power to make rules retrospectivelg|28| |400). Power of Commission to make Regulations|28| |41. Power of State Government to make rules|29| |Power to remove difficulties|29| |43. Repeal and Savipgs|30| `(v)` `CHABTER I` `PRELIM INA RY` `.1. Short title, e-u enf and com m encem ent` `(1) This Act rnag be called the Protection of Human Rights Act,` `1993.*` `(2) It cxtends to the whole of Ipdia.` `Provided that it shalt applg to'the State of Jammu and Kashmir only . in so far as it pertains to tbc matters relatable to anp of the entrias enumerated in List I or List 1ll in the Seventh Schedule to the Constitution as applicable to that State. '` `(3J Ii shall be deemed to have come into force on the 28th day of September, 1993.` `2. Deiinitions` - `(1) In this Act, unless the coptext otherwise requires(a) tlarmed forccs'' means tlne naval, militarp and air forces and includes ang other armed forces of the Union;` - `(b) ''Chairperson` `'` `means the Chairperson of the Commission or of the State Commission, as fhc case may be;` - `(c) l'Commission'' means the National Human Rights Comm ission under section 3; '` - `t'human rights'' means the rights relating to life, Iibertg, equalitg and dignitp of the individual guaranteed bp the Constitution or embodied in the International Covenants and enforceable by courts in lndia. '` - `(e) ''Human Rights Court'' rneans the Human Rights Court specified under section 30;` - `(f) 'tlnternational Covenants'' means thc International Covenant on Civil and Political Rights and the International Covenant on Econom ic, Sociai arjd Cultural rights adopted by the General Assembly of the United Nations on the 16th` - `Amended vide Protection of Human Rights (Amendment) Act. 2006 (No. 43 of 2006).` `December, 1966 (and such othef Covenant or Convention 'adopted bg the General Assem blp ' of the United Nations as the Central Government mag: by notification, specifg''ll ;` - `''M em ber'' m eans a M em ber of the Comm ission or of the State Commission. as the case mag bez;` - `(h) ''National Commissio'n for Minorities` `'` `means the Nalional Commission for Minorities constitutcd uqder section 3 of the National Commission for Minorities Act, 1992;` - `(i) ''National Commission for the Scheduled Castes'' means the National Commission for the Scheduled 43 of 2006 Castes referred to in Article 338 of the Constitutionl;` - `(ia) ''National Cornmission for the Scheduled Tribes'' means the National Commission for the Scheduled 43 of 2006 Tribesreferred toinArticle 338A of the Constitutionz ;` - `(j) ''National Commission for Women'' means the National Commission for Women constituted pnder 20 of 1990 section 3 of the Nationai Com mission for W om en Act, 19904` - `(k) ''Notifïcation` `'` `means a notification published in the . official Gazette;` - `(I) ''Prescribed'' means prescribed by rules made under this Act; '` - `''Public sewant'' shall have the m eaning assigned 45 of 1860 to it in section 2 1 of the Indian Penal Code;` - `(n) ''State Commission'' means a Statc Human Rights Commission constituted under section 2 1.` `(2) Anv reference in this Act to a law, which is not in force in the State of Jamm u and Kashm ir, shall, in relation to that State, be construed as a reference to a corresponding law, if anv, in force in that State.` `$ Alded bv Act 43 o/ 2006` `2 Subs. bg Act 43 of 2006` `2` `CI-IAeT'ER 11` `TH E N ATIO NA L H U M AN RIGH TS C O M M ISSIO N` `3. Constitution p.f a National H uman Rights Commiss' ion` `(1) The Central Government shall constitute a bodv' to be known as the National Human Rights Commission to exercise the powers conferred upon, and to perform the fu` `l` `ctions 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;` - `one Membér who is or has been, a Judge of the Supreme Coul'tk` - `(c) one Member who is, or laas 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 Chaimerson of the National Commission for Minorities,` `ltthe National Commissioli for the Scheduled Castes, tlne National Commission for the Scheduled Tribesland thc Nationa? Commission for Women sball be deemed to be Members of the Commission for the discharge of functions ' specified in clauses (b) to (i) of section 12.` `(4) There shall be a Sec/etarp-General who shall be the Chiéf Executive Officer of the Commission' an'd shall exercise sudh powers and discharge such functions of the Commissionz (except judicial functions and the power to make regulations under section 40 Bl. as mav be delegated . to him bg the Commission or the Chairperson as the case mag be.` `l Subs. by Act 43 of 2006 for` `'` `Tbe National Commission for the Scheduled Castes and Scheduleé Tribes.` `'` `Z Subs. W Act 43 of 2006 for` `'` `as it mag delegatc to him.` `'` `(5) The headquarters of the Commission shall be at Delhi and the Commission mav, with the previous approval of the Central Government, establish offices at other places in lndia.` `4. Appolntment of Chairperson and other Members` `(1) The Chairperson and (the Membersll shali be appointed W the President bg warrant under his hand and seal;` `Provided. that every appointm ent under this sub-section shall be made` `after obtaining the recommendations of a Committee consisting of-` - `(a) The Prime Minister - Chairperson` - `(b) . Speaker of the House of the People - Member` - `(c) Minister in-charge of the Ministrg of Home Affairs in the Government of lndia - Member` - `(d) Leader of the Opposition in' the House of the People - Member` - `(e) Leadcr of the Opposition in the Council of States - Member` - `(t) Deputp Chairman of the Council of States - Member` `Provided ful-ther that no sitting Judge of the Suprem e Court or sitting Chief Justice of a High Court shall be appointed except after consultation with the Chief Justice of India. ' (2) NJ appointment of a Chairperson or a Member shall be 'invalid merelg by reason of anp 'lvacancp of any mepber in the Committee rcferred to in the first proviso to sub-section (1)12, '` `(2) NJ appointment of a Chairperson or a Member shall be 'invalid` `S. Resîgnation and removal of Chairperson and Members3` `(1) The Chairperson or any Member may, W notice in writing under his hand addressed to the President of India, resign his office.` `(2) Subject to tlne provisions of sub-section (3), the Chairperson or any Member shall onlp be removed from his office bv order of the President of India on the grcsund V proved misbehavibur or incapacity after the Suprem e Court, on reference being m ade to it by the President, has, on inquiw heid in accordance with the procedure prescribed in that behalf bg` `l Subs. by Act 43 og 2006 for ''other members` `'` `2 Subs. bg Act 43 of 2006 for ''vacancp in the Committee` `'` `'` `3 Subs. W Act 43 of 2006` `4` `the Supreme Court, reported that the Chairperson or the Member, as the case map be, ought on anp' such' ground to be removed.` `. (3) Notwithstanding anything in sub-section (2), the President map, bp order, remove from office tlle Chairperson or ang Member if the Chairperson or such Member, as the case frlav be-` - `(a) is adjudged an insolvent? or '` - `(b) engages during his term of office in anp paid emplogment outside -` - `the duties of his office; or` - `is unfit to continue in office bp reason of ipfirmity of mipd or bodp; or` - `(d) is of pnsound mind and stands so declared W a competent'court; or '` `is convicted and sentenced to imprisonment for an offence which` - `in the opinion of the President invotves moral turpitude.` `6. Term of oflce of Chalrperson tirld Membevst` `(1) A person appointed as Chairperson shall hold office for a term of five years from the date ori which he enters upon his office or until he attains the age of seventp years, whichever is earlier.` `(2) A person appointed as' a Member shall hold offici for .a 'term` `of five vears from the date on which he enters upon .[his office and shall] be .eligible for re-appointm'ent for another term of five years.` `Provided that no Member shall hold office after he has attained the age of seventy pears. /` `(3) On ceasing to hold office, a Chairperson or a Member shall be ineligible for further emplopment under the Governmcnt of India or under the Govërnment of anp State.` `7. Member to act as Choirperson or to discharge his'functions in certain circum stances '` `(1) In the event of the occurrence of ang vacancv in the office of the Chairperson bp reason of his death, resignation or otherwise, the` `' Subs. W Act 43 of 2006` `President map, bg notification, authorise one of the M em bers to act as the Chairperson until the appointment of a new Chairperson to fill such vacancy.` `(2) When the Chairperson is unable to discharge hîs funciions owing` `to absence on leave or otlaerwise, such one of the Members as the President mag, bg notification, authorise in this behalf, shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties.` `8. Terms cnd conditions of service' of Chairperson and M em bers` `The salaries and allotyances payable to, and other terms and conditions of service of, thel Ichairpers'on and) Members shall be such as may be prescribed.` `Provided that neither the salarv and allowances nor the other terms and.conditions of service of2 Ithe Chairperson or) a Member shall be varied to his disadvantage after his appointment.l '` `9. l/àcancies, etc, not to invalidate the proceedings of the Cornm issipn .` `No act or proceedings of the Commission shall be questioned or shall` `be invalidated merelg on the ground of existen'ce of anp vacancg or defect in the constitution of the Com mission.` `10. Procedure to be regulated bp the Cotnm ission` `(1) The Commission shall meet at such time and place as the Chairperson mav think fit.` `(2) Subject to the provisions of this Act and the rules made thereunder, the Com m ission shall have the power to lag down bv regulations its own procedure3.` `' lnserted bp Act 43 of 2006` `2 Inserted by Act 43 of 2006` `3 Subs. bg Act 43 of 2006` `(3) A1l orders and decisions of the Commission shall be authenticated bg the Secretary-General or anp other officër of the Commission dulp authorised W the Chairperson in this behalf. '` `1 .1. Officers and othkv staff of the Commission` - `The Central Government shall make available to the Commission:` - `(a) an officer of the rank of the Secretarg to the Government of lndia who shall be' the Secretaw-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 officer's and staff as map be necerysarg for the efficient . performance of the functions of the Commission.` `(2) Subject to sucfl rules as map be made bv the Central Government in this behalf the Commission mav appoint such other administrative, technical and scientific staff as it map 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 mag be prascribed.` `.7` `CIIABTER III` `FUNCTIO NS AND PO V RS O F TH E CO M M ISSIO N` `12. Functions o.j the Commission` `The Commission shall perform all or ang of the following functions, nam elp:-` - `(a) inquire, suo motu or on a petition presented to it W a victim or ang person on his behalf (or on a direction or order of anp courtjl into complaint of` - `(i) violation of hurnan rights or abetment thereof; or (ii) negligence' in the prevention of such violation, bv a public sew antp` - `(b) intervene in anp proceeding involving ang allegation of violation of human rights pending before a court with the approval of such court;` - `visit, notwithstanding anything contained in anp other law for the time being in force, anp jail or other ipstitution under the control of the State Government, where persons are detained or lodged for purposes ol treatment, reformation or protection, for the studp of the living conditions of the inmates thereof and make rccommendations thereon to the Government;` - `revicw thc safeguards provfded bv or undcr tlne 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 m easures;` `1 Inserted by Act 43 of 2006` `2 Sub. bg Act 43 of 2006` `8` - `(f) studp treaties and other international instruments on human rights and m ake recomm endations for their effective im plem' entation;` - `undertake and promote research in the field of hurnan rights;` - `(h) spread human rights literacp among various sections of society and promote avvareness of the safeguards available for the protection of these rights through publications, 'the media, seminars and other available means;` - `(i) encourage the efforts of non-governmental organisations and institutions working in the field of human rights;` - `such othkr functions as it may' consider necessa?y for the rotection of hu' man rights.` - `p` `13. Potvers relating to inquiries` `(1) The Commission shall, while inquiring into complaints under this Act, have a1l the powers of a civil court trging a suit under the Code of Civil Procedure, 1908, and in particular in respect of the f'oliowing matters, namelv : .` - `(a) summoning and enforcing the attendance of witnesses and exam ining them on oath;` - `(b) discoverg and production of any document;` - `(c) receiving evidence on affidavits;` - `(d) requisitioning ang public record or copg thereof from anp court or office; . x` - `(e) issuing commissions for the examination of witnesses or -` - `documents;` - `(b any other matter which may be prescribed.` `(2) The Commîssion shall have power to require ang person, subject` `to any privilege which mav be claimed bp that person under any law for the tim e being in force, to furnish inform ation on sucb points or m atters as, in the opinion of the Conunission, mag be useful for, or relevant to! the subject matter of tlne inquiw and anp person so required shall be deemed` `9` `to be legallv bound to furnish such information within the meaning of section 176 and section 177 of the Indian Penal Code. .` `(3) The Commission or anp other officer, not below the rank of a` `Gazetted O fficer, speciallp authorised in this behalf bv the Comm ission m av '` `enter anp building or place where the Com rnission has reason to believè that any document relating to the subject matter of the inquily may be found, and map seize an# such document or take extracts or copies therefrom subject to the provisions of section 1O0 of the Code of Criminal Procedure, 1973, in so far as it mag be applicable.` `(4) The Commission shall be deemed to be a civil court and when anv offence as is described in section 175. section 178,.section 179, section 180 or section 228 of the lndian Penal Code is committed in the view or presence of the Commission, the Commissiop mav, after recording the facts constituting the offence and the statement of thç accused as provided for in the Code of Criminal Procedure, 1973, fonvard the case to a Magistratë having jurisdiction to try the same and the Magistrate to whom anv such case is forwarded shall proceed to hear the com plaint against the accused as if the case has been forwarded to him under section 346 of the Code of Crim inal Procedure, 1973.` `(5) Everp proceeding before the Commission dhail 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 pum oses of section 195 and Chapter XXUI of the Code of Crim inal Procedure, 1973.` `(6)1 Where the Commission considers it necessarp or expedient so to od it may bv order,' transfer anp complaint filed or pending' before it , , to the State Commission of the State from which the complaint arises, for Jlisposal in accordance with the provisions of 'this Act;` `Provided tihat no such complaint shall be transferred unlèss the same fs onc f'cspecting whfch the Sùafc Commission has jurisdicfion to entertain th 'e same.` `t Inserted bp Act 43 of 2006 .` `(7)1 Evew complaint transferred under sub-sectiont6) shall be dealt with and disposed of bp the State Commission as if it were a complaint irlitiilllqp fiI (,tl t) (? fûl r (, it. '` `14. Investigation` `(1) The Commission map, for the purpose of .conducting any investigation pertaining to the inquirp, utilise the services of anv officer or investigation agencp of the Central Government or any State Government with the concurrence of the Central Government or the State Government, as the case map be.` `(2) For the purpose of invest' igating into anp matter pertaining to` `the inquirg, anv offîcer or agencg whose services are utilised under subsection (1) map, subject to the direction and control of the Commission:-` - `(a) summon and enforce the attendance of anp person and exarnine him ;` - `(b) require the' discoverg and production of ang document; and` - `(c) requisition anp public record or copp thereof from anp office.` `(3) The provisions of section 15 shall applg in relation to ang statenlent m ade by a person before anv officer or agencp whose services are utilised under sub-section (1) as they applv in relation to anp statement made bv a person in the course' of giving evidence before the Commission.` `(4) The officer or agencp w'lnose services are utilised under subsection (1) shall investigate into any matter pertaining to the inquirv and submit a report thcreon to the Commission within such period as l'nay be specified bp the Commission in this behalf. '` `(5) The Commission shall satisfp itself about the correctness of the facts stated and the conclusion, if any, arrived at in the' report subm itted to it under sub-section (4) and for this pumose the Commission may make ' such inquiry (inciuding the examination of the person or persons who conducted or assisted in the investigation) as it thinks fit.` `i Inserted by Act 4:3 of 2006` `1 5. Statem ent m ade by persons to the Com m ission` `No statem ent m ade by a person in the course of giving evidcnce before the Commission shall subjcct him to, or be used against him ln, anv civil . or criminal proceeding except a prosecution for giving false cvidence by such statement:` `Provided that the staterflent:-` - `(a) is made in replg to the question which he is required bg the C ommiss oi n to answer; or '` - `is relevant to the subject matter of the inquirg.` `16. Persons likely to be prejudiciallv afiected to be heard` `lf, at anp stage of the inquiry, 'the Comm ission:-` - `(a) considers it necessaw to inquire into the conduct of anp person; or` - `is of the opinion that the reputation of ang person is likely to be prejudiciallg affected bg the inquiw;` `it shall give to that person a reasonable opportunitp of being hcard in` `the irlquiry and to produce evidence in his defence: '` `Provided that nothing in this section shall applv where the credit of a witness is being im peached.` `12` `CHA'IVER Iv` `PR O CED UR E` `17. lhquiry into complaints` `The Commission while inquiring into the complaints of violations of hum an rights m ag'` `(i) call for information or report from the Central Government o'r` `ang State Government or anp other authority or organisation subordinate thereto within such time as map be specified by it:-` `Provided that-` - `.` - `(a) if the information or report is not receivcd within the time stipulated bp the Commission, it may proceed to inquire into the '` - `com p aint on its own; j . .` - `if, on receipt of information or report, the Commission is satisfied either that no further inquiw js required or that the required action has been initiated or taken bv the concerned Governm ent or authority, it m ap not proceed with the com plaint and inform the complainant accordingly; '` `' (ii) without . prejudice to anything contained in clause (i), if it considers necessaw, having regard to the nature of the complaint, initiate an inquiw .` `18. Steps during cnd akter inquirp'` `! e oTh C mmissio' n mav take ang of t'he following steps during or upon the completion of an inluirv held under this Act,[namelgr-]` `(a) where the inquirg discloses tlne commission of violation of human` `rights or negligence in the prcvention of violation of human rights or ébetment thereof bp a public servant, it map recommend to the 'concerned Governm ent or authority -` `(i) to make payment of compeùsation or damages to the complainant` `1 Subs. bp Act 43 of 2006` `or to the victim or the m em bers of his fam ily as the Com mission m ap consider necessarg;` - `(ii) to initiate proceedings for prosecution or such other suitable action as the Comm ission m ag deem fit against the concerned pcrson Or 13et SOnS;:` - `(iii) to take such further action as it may think fit;` - `(b) approach the Supreme Cour't or the High Coutt concerned for` - `such directions, orders or writs as that Court map deem necessarp;` `(c) recommend to the concerned Government or authoritp at any` `stage of the inquiw for the grant of such immediate interim relief to the victim or the members of his familg as the Commission may consider necessaw ;` `(d) sublect to the provisions of clause (e), Jyovide a copy of the inquirg report to the petitioner or his representative;` `(e) the Commission shall send a copv of its inquiw report together with its recom mendations to the concerned Government or authoritv and the concerned Government or authority shall, within a period of one month, or such further tim e as the Com m ission may allow, fonvard its comm ents on the report, including the action taken or proposed to be taken thereon, to the Comm ission;` `(l) the Commission shall publish its inquiry report together with the` `comments of the concerned Government or a' uthoritp, if ang, and the action taken or proposed to be taken bp the concerned Government or authoritg .on the recommendations of the Cornmission.ll` `19. Procedure ulffh respecf to armed forces` `(1) Notwithstanding angthing contained in this Act, while dealing with complaints of violation of human rights bg mem bcrs of the arm ed forces, the Comm ission shall adopt the following procedure, nam ely :-` `it mag either on its ovvn motion or on receipt of a petition, seek a report from the Central Government;` `' Subs. bg Act 43 of 2006` - `(b) after the receipt of the report, it mag, cither not proceed tvith the complainy or, as the case map bes make its recommendations to that Governm ent.` `(2) The Central Governme' nt shall inform the Commission of the action taken on the recommendations kvithin three months or such further time as the Commission mag allow.` `(3) The Commission shall publish its repol't together with îts recommendations made to the Central Government and the action taken by that Government on such recommendations.` `(4) The Commission shall provide a copg of the report published under sub-section (3) to the' petitioner or his representative.` `2O. Annucl dnd specicl reports of the Commissîon` `(1) ' The Commission shall submit an annual report to f-he Central Government and to the State Governm ent concerned and m ag at anp tim e submit spc'cial reports on any matter wlaich, in its opinion, is of such urgcncp or.[importance that it should not be deferred till submission of the annual] ' repo r.t . . .` `(2) The Central Government and the State Government, as th'e case` `map be, shall cause the annual and special repol-ts 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 ang.` `15` `CHABTER V` `STATE H UM AN RIGHTS CO M M ISSIO N S` `21. Constitution of State Human Rights Cpmmissions` `(1) A State Government mal constitute a bodp to be known as the` `.. . ... . . . . .. ... . . . .. ... (name of the State) Human Rights Commission to exercise the ppwers conferred upon, and to perform the functions assigned to, a State Com mission under this chapter.` `(2)1 (The State Commission shall, with effect from' such date as the State Government map bp notification specifp,' consist of-` - `a fhairperson who has. been a Chief Justice of a High Court;` - `(b) 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; .` - `(c) one Member to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to hgman rights.ll` `(3) There shall be a Secretaw 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 mag, W notification, specify.` `(5) A State Commission may inquire into violation of human rights onlp in respect of m atters relatable to anv of the entries enum erated in List 11 and List lll in the Seventh Schedule to the Constitution:` `1 Subs. bv Act 43 of 2006` `16` `/` `Provided that if any such matter is alreadg being inquired into bp the Commission or any other Commission duly constituted under anv 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 Kaslnmir Human Rights Commission, tllis sub-section shall have ' effect as if for.the words and figures` `'` `List 11 and List lll in' the Seventh Schedule to the Constitution'', the words and figures ''List 11l in the Seventh Scbedulc to tbe Constitution as applicable to the State of Jammu and Kashmir and in respect of rffatlers in relation to which the Legislature of that State has power to rnake laws'' had been substituted. '` `(6) (Two or more State Governments mag, with the consen't of a Chaim erson or Member of a State Commission, appoint such Chairperson or, as the case mag be, such Member of ' another State Commission simultaneouslp if such ' Chairperson or Member consents to such' appointm ent: '` `Provided that every appointm ent made under this sub-section shall be made after obtaining the recommendations of the Committee referred to in sub-sectionll) of section 22 in respect of the State for which a commop Chairperson ot Member, or both. as the case may be, is to be a ointed 11 pr.l . ' '` `22. Appoîntment of Chairpevson and fMe' tnbersf of Stnte C om m isslon '` `(1) The Chairperson and IMemberslz dhall be appointed W the` `Governor by warrant under his hand and seal:` `Provided that every appointment under this sub-section shall be made after obtaining the recomrrlendation of ii Committee consisting of` `(a) the Chief Minister - Chairperson` - `(b) Speaker of the Legislative Assemblp - Member` `! Subs. by Act 43 of 2006` `2 Subs. W Act 43 of 2006 for ''other Members''` `17` - `(c) Minister in-charge of the Department of Home, in that State - M em ber` `(d) Leader of the Opposition in the Legislative Assemblv - Member` `Provided ful'ther thaf where there is a Leqislative Council in a State, the Chairman of that Council and the Leader of the Opposition in that ' Council shall also be m emb'ers of the Com mittee.` `Provided also that no sitting Judge of a High Court or a sitting District Judge shall be appointed except after consultation with the Cbief Justice of the High Court of the c'oncerned State.` `(2) No appointment of a Chairperson or a Member. of the State` `Commission shall be invalid merely W feason of Iang vacancy of any Member in the Commit-tee r'eferred to in sub-sectiontlll.l` `23. fResignation and Removal of Chairperson or () Member of the State Commissiony .` `3((1) The Chairperson or a Member of a State Commission map) bg notice in writing under his hand addre% ed to the Governor, resign his office '` `(1A) Subject to the provisions of sub-section (2), the Chairperson or ang Member of the State Commission shall onlv be removed from his office bv order of the President on the ground of proved misbehaviour or incapacibp after the Su'preme Coul-t, on a reference being made to it bg the President, has, on inquirp held in accordance with the procedure prescribed in that behalf bp tbe Supreme Court, reported that the Chairperson or such Member, as the case nnag be! ought on any such ground to be removed.j` `(2) Notwithstanding anpthing in sub-section (1A), the Pàesident map by order remove from office the Chairperson or any (Memberl4 if the Chairperson or such (Memberls, as the. case may be -` `(a) is adjudged an insolvent; or` `1 Subs. W Act 43 of 2006 for ''anp vacancy in the Committee''` `2 Subs. by Act 43 of 2006 for ''Removal of a member of the State Commijsion` `3 Subs. W Act 43 of 2006` `4 Subs. W Act 43 of 2006 for ''otlner member''` `9 Subs. bp Act 43 of 2006 for` `'` `other member''` - `engages during his term of office in any pajd employment outside the duties of his office; or '` - `is unfit to cpntinue in office by reason' of infirmitg of mind or body; or .` - `(2) is of unsound mind and standj so declared W a competent court; O r` - `(e) is convicted and sentenced to imprisonment for an offence which in the opinion of the President involves moral turpitude.` `24. Term oi of fce of (Chairperson andll Members of the Sfafe Com m ission` `(1) A person appointed as Chairperson shall hold office for a term of five ycars fronn the déte on which he enters upon his office 'or until he attains the age of seventg years, whichever is earlier; '` `(2) A person appointed as a Member shali hold office for a term of five geqrs from tlae date on 'whicb he enters upon his officc and shall 'be eligible for re-appointment for another term of five gears;` `Provided that no Member shall hold office after he has pttained the age of seventy pears.` `(3) On ceasing to hold office, a Chairperson t)r a Member shall be ineligible for furtlner emplovment under the Government o' f a State or under the Governm ent of lndia.` `25. Membèr to act as Chalrperson or to discharge hisfunctions in certaîn cîrcum stances` `(1) In the event of the occurrence of anp vacancy in thç office of '` `the Chairperson W reason of his death, resignation or otherwise, the Governor mag, bg notification, authorise one of thq Members to act as the Chairperson' unti! the appointment of a new Chaim erson to fili such vacancv.` `1 Inserted by Act 43 of 2006` `19` `(2) When the Chairperson is unable to discharge his functions owing to absence on leave or otherwise, such one of the M em bers as the Governor may, by notification, authorise in this behalf, shall discharge the functions of the Chairperson until the date on which the Chairperson resum es his duties.` `26. frerms and conditions of serpice o.f Chalrperson and M em bers o.f the State Com missions` `The salaries and allowances pagable 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 salarg and aLlowances nor the 'bther ternns and cqnditions of service of the Chairperson or a Member shall be varied to his disadvantage after his appointmentqjl '` `27. Officers and other staff oi the State Comm lssîon` - `(1) The State Government shall make available to the Commission` - `an officer not below the rank of a Secretaw to the State Government who shall be the Secretaw of the State Commission; and` - `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 m av be necessaw for the efficient perform ance of the functions of the State Commission.` `(2) subject to such rules as mav be made bg the State Government in this behalf, the State Commission may appoint such other addministrative, technical and scientific staff as it m ay consider necessaw .` `(3) The salaries, allowances and conditions of service of the officers and other staff appointed under sub-section (2) shall be such as mag be ' ' prescribed by the State Government.` `l Subs. W Act 43 of 2006` `20` `28. A nnual . and special reports oi State Commission` `(1) The State Commission shall submit an annual report to the State' Government and mag at ang time submit special reports on any mafter which, in' its opinion, is of such urgencv or im portance that it should not be deferred till subm ission of the annual repol't.` `(2) The State Governrnent 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 alo' ng with a memorandum of action taken or proposed to be taken on the recommendations of the State Commission' d the reasons for non-acceptance of tine recommendations, if ang.` `29. Applicatîon of certain provisions relating to National H um an Rlghts Com m ission to' State Com m issions` `The provisions of scctions 9, 1O, 12, 13. 14, 15, 16, 17 and 18 shall apply to' a State Commission and shall havc effect, subject to the following modifications, namelv:'` - `(a) references to ''Commission'' shall be construed as referenccs to. ''Statç Com mission'' ; '` - `(b) in section 1O, in sub-section (3), for the word ''Secrètaw General'', the word ''Secretaw'' shall be substituted;` - `(c) in section 12, clause (f) shall be omitted;` - `(d) ih section 17, in ciause (i), the words` `'` `Central Government or ang'' shall be omitted;` `21` `CHAE` `'` `I'ER VI` `H UM A N RIGH TS CO U RTS` `30. For the purpose of providing speedg trial of offences arising out of violation of human rights, the State Government mav, with the concurrence of the Chief Justice of the High Court, b!/ notification, specifp 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 applp if` - `a Court of Session is already specified as a special courtl or` - `(b) a special court is alreadp constituted, for such offences under any other law for the time being in force.` `31. Special Public Prosecutov` `For everg Human Rights Court, the State Government shall, bg notifjcation, specifv a Public Prosecutor or appoilit an advocate who has been in practice as an advocate for not less than seven pea.rs, as a Specia! Public Prosecutor for the purpose of conducting cases in that Court.` `22` `CHU TER VII` `FIN AN C E, A C C O U NTS A ND AU D IT` `32. G rants by the Central Govevnm ent` `(1) The Central Government sball after due appropriation made bv Parlianjent bg law in this behalf, pap to the Commission bg way of grants .such sums of money as the Central Govern'ment mag think fit for being utilised for the purposes of this Act.` `(2) The Commissiqn mav spend such sums as it thinlts 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 Governtnent` `(1) Tlle State Government shall, after due appropriation rnade bp Legislature bg Iaw in this behalf. pag to the State Commission bv wav of grants such sums of money as the State Governm/nt mag think fit for bçing utilised for thc purposes of this Act.` `(2) The State Commission map spend such sums as it thinks fit for perform ing the functions under Chapter V, and such sums shall be treated as expenditure papable out of the grants referred to in sub-section (1).` `34. A ccounts and A udit` `(1) The Commission shall maintain proper accounts and other ' relevant records and prepare an annual statement of accounts in such form as mav be prcscribed bg the Central Government in consultation with the Comptroller and Auditor-Genera! of India.` `(2) The Accounts of the Commission shall be audited W the Comptrolier and Auditor-General at such intervals as map be specified W him and ang expenditttre incun'ed in connection with such audit shall be pava b1e bp the Commission to the' Comptroller and Auditor-General '.` `23` `(3) The Comptroller and Auditor-Genera! or ang person appointed` `bp him in connection with the audit of the accoùnts of the Com m ision under this Act shall have the sam e rights and privileges and the authoritp in connection with such audit as the Comptroller and Auditor-General generallv has in connection with the audit of Government accounts and, in padicular, shall have the right to demand the production of bookj. accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Commisjion, .` `(4) The accounts of 'the Commission as certified bp the Comptroller :and Auditor-General qr anp other pcrson appointed bp him in this behalf, togcther with thc audit rc'port tlncreon shall be forwarded annuallp to the Central Government bv the Commission and tite Central Government shall cause the audit report to be Iaid as soon as mav be after it is received before each Housc of Parliament.` `35. A ccounts and A udit o.f State Com tnlssion` `(1) The Statc Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as map lae prescribed bp the State Government in consultation with the Comptroller and Auditor-General of lndia.` `(2) The accounts of thc Stafc Comrnission shall be audited by the Comptroller and Auditor-General at such intervals as mag be specified bg him and ang cxpenditure incurred in connection with such audit shall be papable bg the State Commission to the Comptroller and AuditorzGeneral.` `(3) The Comptroller and AuditopGeneral or anp person appointed bp hinn in connection tvith the audit of tl7e accounts of thc State Commission under this Act shall have tlne same rights and privileges and the authority in connection with such audit as the Com ptroller and AuditopGeneral enerallg has in connection with the audit of Government accounts and' g : in particular, shall have the right to demand the production of books, accounts, connected vouchers and other docum ents and papers and to inspect anp of the offices of the State Com m ission.` `(4) The accounts of the State Commission, as certified bv the Com ptroller and Auditor-General or ang. other person appointed by him in this behalf, together with the audit report thereon, shall be fonvarded annuallv to the State Government bp the State Commissipn and the State Governm ent shall cause the audit report to be Iaid, as soon as m ap be after it is received, before the State Legislature.` `25` `CHAIVER VIIl` `M ISC ELLANEO US` `36. M attevs not subject to jurisdiction of the Com mission` `' (1) The Comrnission shall not inquire into any matter which is pending be ore a af St te Commission or anp other Commission dulp constituted under any law for the time being in force.` `(2) The Commission or the State Commission shall not inquire into anp' m atter after the. expirg of one gear from the date on which the act constituting violation of hufnan rights is alleged to have been- commited.` `37. Constitution o.f special investlgation teams` `Notwithstanding anvthing contained in ang other Iaw for the time being in force, where the Government considers it necesxrp so to do, it map constitute one or more special investigation teams, consisting of such police officers as it thinks necessaw for purposes of investigation and prosecution of offences arising out of vïolations of human rights.` `38. Protection o.f actlon taken in good iaith` `No suit or other legal proceeding shall lie against the Central` `.Government, State Government, Commission, the State Commission or ang Member thereof or anp pqrson acting under the direction either of the Centraz Government, Statc Governmcnt, Commission or thc State Commissjon in respect of angthing which is in good faith done or intended to be done in pursuance of this Act or of any rules or ang order made thereunder or in respect of the publication W or under the authoritg of the Central Governm ent, State Governm ent, Com mission or the State Comm ission of anp report paper or proceedings.` `39. Members and officers to Be publîc servants` `Everp Membçr of the Commission, State Commission and evew officcr appointed or authorised bp the Com m ission or the State Com m issiort` `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 oi Central Gover' nment to make rules` `(1) The Central Government may, bp notification, make rules to carrp o' ut the provisions of ' this Act.` `(2) In particùlar and without prejudice to the generalitv of the foregoing power, such ruies mag provide for alI or anp of the following m atters nam elg :-` - `(a) the salaries and allowances and other terms and conditions of service of the (Chairperson and Membersll under section 8;` - `(b) the conditions subject to which other administrative, tcchnical 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; '` - `(c) anp other.power of a civi! cour't required to be prescribed under clause (f) of sub-section (1) of section 13;` - `(d) the form i'n which the annual statement of accounts is to be prepared bp the Commission under sub-section (1 ) of section 34; and` - `(e) anp other matter which has to be, or mav be. prescribed.` `(3) Everg rule made under tllis Act shall be Iaid, as soon as map be aftcr it is made, before eacb House ol Parliament, while it is in seasion, for a total period of thirtp days which may be comprised in one session or in two or'm ore w ccessive sessions, and if before the expirp J f the serxsion immediatelp following the session or the' successive sessions aforesaid, b0th Houses agree in making anp modific-ation in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect onlv in such modified form or be of no effect, as the case may be; so however, that ang such modification or annulment jhall be without prejudice to the validity of anvthing previouslp done under that rule.` `: Subs. bp Act 43 of 2006 for ''members` `'` `27` `40 A . Power to m ake rules 'relrospectively- l-he power to m ake rules under clause (b) of sub-section (2) of section 40 shall include the power to m ake 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 arll/ such rule so as to prejudiciallp affect the interests of ang person to whom such rule mag be applicable.` `Pow er of Com m ission to m ake Regulationsl` `2I40(B) (1) Subject to the provisions of this Act and the rules made thereunder, the Com m ission m av, with the previous approval of the Central Government, bp notification, make regulations to carry out the provisions of this Act. '` `(2) In particular and without prejudice tq thc gencralitg of the foregoing poweq such regulations mag provide' for all or anp of the following m atters namelg:-` - `(a) the procedure to be followed bp the Commission under subsectiontz) of Section 10;` - `(b) the returns and statistics to be furnished bp the State Com m ission;` - `(c) any other matter which has to be, or mag be, specified bp rcgulations. '` `(3) Everv regulation made W the Commission under this Act shall be laid. as soon as mag be after it is made, before each House of Parliament, while it is in session, for a total period of thirty daps which map be comprised in one session or in two or more successive sessions, and if, before the expiry of the session or the successivi sessions aforesaid, b0th Houses agree in m aking anv m odification in the regulations or b0th Houses agree that the regulation should not be made, the regulation shail thereafter have effect onlv in such modified form or be of no effect, as the case mav be; so however, that anp such modification or annulment shall be without yrejudice to the validity of angthing previouslp done under that regulation.l` `: Insei-ted bv Act 43 of 2006` `2 lnserted bp Act 43 of 2006` `28` `41. Foœer of State Government to make rules` `(1) The State Government mav. by notification, make rules to carry out the provisions of this Act.` `(2) ln particular and without prejudice to the generality of the foregoing power, such rules may provide for all or anp of the following m atters nam elp .:` - `(a) the s'alaries and allowances and other terms and conditions of service of the Cbairpcrson and Members under section ,269` - `(b) the conditions subject to which other adminfstrative, technical and scientïfic staff mag be appointed bg tbe 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 sta'tement of accounts is to be prepared under sub-section (1) of section 35:` `(3) Everp rule made bp the State Government under this section shall` `be laid, as soon as m ap be after it is m ade, before each House of tlne; State Legislature where . it consists of hvo H ouses, or where such Legislature consists of one House, before that House.` `42. Foœer to rcmore dëficulties` `(1) ' If ang difficulty arises in gigng effect to the provisions of this Act, the Central Government, map W ' order published in the Official Gazette, make such provisions, not inconsiytent with the provisions of this Act as appear to jt to be necessary or expedient for removing the difficultp.` `Provided that no such order shall be made after the expiry of the periqd of two gears from the date of commencement pf this Act.` `(2) Everg order made under this section shall, as soon as map be after it is made, be laid before each house of Parlïament.` `29` `43. R epeal and Savings` `(1) The Protection of Human Rights Ordinance, 1993 is hereby repealed.` `(2) Notwithstanding such repeal, anvthing done or ang action taken under the said Ordinance, shall be deem ed to have been done or taken under the corresponding provisions of this Act.` `30`