The Protection of Human Rights Act, 1993

930

(Act No. 10 of 1994)

[8th January 1994]

An act To provide for the constitution of a National Human Rights Commission, State Human Rights Commissions in States and Human Rights Courts for better protections 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:

Section 1. Short title, extend and commencement

(1) This Act may be called the protection Human Rights Act, 1993.

(2) It extends to the whole of India.

(3) It shall be deemed to have come in to force on the 28th day of September 1993.

Section 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;

(d) “Human rights” means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the constitution of embodied in the international covenants and enforce able by courts in India;

(e) “Human Rights Court” means the Human Rights Court Specified under section 30;

1[(f) International Covenants” means the International Covenants on Civil and Political Rights and the International Covenants on Economic, Social and Cultural Rights adopted by the General Assembly of the United Nations on the 16th 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]

2[(g) “Member” means a Member of the Commission or of the State Commission, as the case may be.]

(h) “National Commission For Minorities” means of the National Commission for Minorities constituted under section 3 of the National Commission for Minorities Act, 1992;

3[(i) (i) “National Commission for the Scheduled Castes” means the National Commission for the Scheduled Castes referred to in Article 338 of the Constitution;

(i-a) “National Commission for the Scheduled Tribes” means the National Commission for the Scheduled Tribes referred to in Article 338-A of the Constitution;]

(j) “National Commission For Women” means the National Commission for Women Constituted under Section 3 of the National Commission for Women Act, 1990;

(k) “Notification” means a notification published in the Official Gazettee”

(l) “Prescribed” means prescribed by rules made under this Act`

(m) “ Public servant” shall have the meaning assigned to it in section 21 of the Indian Penal Code;

(n) “State Commission” means a State Human Rights Commission constituted under section 21.

(2) Any reference in this Act of Law, which is not in force in the state of Jammu and Kashmir, in relation to that State, be construed as a reference to a corresponding law, if any, in force in that State.

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1. Subs. by Act No. 43 of 2006 w.e.f. 13-9-2006.

2. Subs. by Act No. 43 of 2006 w.e.f. 13-9-2006.

3. Subs. by Act No. 43 of 2006 w.e.f. 13-9-2006.

Section 3. Constitution of a National Human Rights Commission

(1) The Central Government shall constitute a body to be known State of Jammu and Kashmir, shall in relation to that State, be 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;

(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, 1[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 2[(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].

(5) The Headquarters of the Commission shall be at the Delhi and the Commission may, with the previous approval of the Central Government, establish offices at other places in India.

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1. Subs. by Act No. 43 of 2006 w.e.f. 13-9-2006.

2. The Words “as it may delegate to him” Subs. by Act No. 43 of 2006 w.e.f. 13-9-2006.

Section 4. Appointment of Chairperson and other Members

(1) The Chairperson and 1[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 of a Committee consisting of

(a) The Prime Minister – Chairperson;

(b) Speaker of the House of the People -Member;

(d) Leader of the Opposition in the House of the People-member;

(e) Leader of the Opposition in the Council of States-member;

(f) 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.

(2) No Appointment of a chairperson or a member shall be invalid merely by reason of any 2[vacancy of any member in the Committee referred to in the first proviso to sub-section (1)]

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1. The words “othrer Members” Subs. by Act No. 43 of 2006 w.e.f. 13-9-2006.

2. The words “vacancy in the Committee” Subs. by Act No. 43 of 2006 w.e.f. 13-9-2006.

Section 5. Resignation and removal of Chairperson and Members

1[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 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,-

(a) is adjudged an insolvent; or

(b) engages during his term of office in any paid employment outside the duties of his office; or

(d) 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.]

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1. Subs. by Act No. 43 of 2006 w.e.f. 13-9-2006.

Section 6. Term of office of Chairperson and Members

1[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.]

——————–

1. Subs. by Act No. 43 of 2006 w.e.f. 13-9-2006.

Section 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 President may, by notification, authorise one of the Members to act as the Chairperson until the appointments 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 Member as the President may, by notification, authorise in this behalf, shall discharge the functions of the chairpersons until the date on which the Chairperson resumes his duties.

Section 8. Terms and conditions of service of Chairperson and Members

1[Terms and conditions of service of Chairperson and Members. The salaries and allowances payable to, and the 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.”.

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1. Subs. by Act No. 43 of 2006 w.e.f. 13-9-2006.

Section 9. Vacancies, etc., not to invalidate the proceedings of the Commissions

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.

Section 10. Procedure to be regulated by the Commission

(1) The commission shall meet at such time and placed as the Chairperson may think fit.

1[(2) Subject to the provisions of this Act and the rules made there under, the Commission shall have the power to lay down by regulations its own procedure.]

(3) All orders and decisions of the Commissions shall be authenticated by the Secretary General or any other officer of the Commission duly authorised by the Chairperson in this behalf.

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1. Subs. by Act No. 43 of 2006 w.e.f. 13-9-2006.

Section 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 Commissions.

(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.

Section 12. Functions and Powers of The Commission

The Commission shall perform all or any of the following functions, namely:

(a) Inquire, suo-motu or on a petition presented to it by a victim or any person on his behalf 1[or on a direction or order of any court], into complaint of –

(i) Violation of human rights or abetment there of; or

(ii) Negligence in the prevention of such violation by a public servant;

(b) Intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court;

2[(c) 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;]

(d) Review the safe guards provided by or under the Constitution or any law the time being enforce for the protection of human rights and recommend measures for there effective implementation;

(e) Review the factors, including acts of terrorism, that inhabit the enjoyment of human rights and recommend appropriate remedial measures;

(f) Study of treaties and other international instrument on human rights and make the recommendations for their effective implementation;

(g) Undertake and promote research in the field of human rights;

(h) Spread human rights literacy among various section of society and promote the awareness of the safeguards available for the protection of these rights through publication, the media, seminar and other available means;

(i) Encourage the efforts of non-governmental organisations and institutions working in the field of human rights;

(j) Such other functions as it may consider necessary for the promotion of human rights.

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1. Ins. by Act No. 43 of 2006 w.e.f. 13-9-2006.

2. Subs. by Act No. 43 of 2006 w.e.f. 13-9-2006.

Section 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:

(a) Summoning and enforcing the attendance of witnesses and examining them on oath;

(b) Discovery and production of any document;

(d) Requisitioning any public record or copy thereof from any court or office;

(e) Issuing commissions for the examination of witnesses or documents;

(2) 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 to be legally bound to furnish such information within the meaning of section 176 and section 177 of the Indian Panel 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 extract or copies therefrom subject provision 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 Panel Code is commuted in the view presence of the commission, the commission may, after recording the facts constituting the offence and the statement of the accused as provide for in the code of criminal procedure, 1973, forward the case to 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 a the meaning of sections 193 and 228 and for the purposes of section 196, of the Indian Panel Code, and the Commission shall deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.

1[(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.

(7) Every complaint transferred under sub-section (6) shall be dealt with and disposed of by the State Government as if it were a complaint initially filed before it.]

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1. Inserted by Act No. 43 of 2006 w.e.f. 13-9-2006.

Section 14. Investigation

(1) The Commission may, for the purpose of conducting any investigation pertaining to the inquiry, utilize 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 case may be.

(2) For the purpose of instigating into any matter pertaining to the inquiry, any officer or agency whose services are utilized under sub-section (1) may, subject to the direction and control of the Commission, –

(a) Summon and enforce the attendance of any person and examine him;

(b) Require the discovery and production of document; and

(3) The provisions of section 15 shall apply in relation to any statement made by a person before any officer or agency whose service are utilized 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 utilized 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 court submitted to it under sub-section (4) and for this purpose the Commission may make such inquiry (including the examination of the person or person who conducted to assisted in the investigation) as it thinks fit.

Section 15. Statement made by persons to the Commission

No statement made by a person in the course of giving evidence before Commission shall subject him to, or be used against him in, any civil or criminal proceeding except at prosecution of giving false evidence by such statement:

Provided that the statement –

(a) Is made in reply in to the question which he is required by the Commission to answer; or

(b) Is relevant to the subject matter of the inquiry.

Section 16. Persons likely to be prejudicially affected to be heard

If, at any stage of the inquiry, the Commission-

(a) Considers it necessary to inquiry into the conduct of 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 in heard in the inquiry and to be produce evidence in this defence:

Provided that nothing in this section shall apply where the credit of a witness is being impeached.

Section 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-

(a) If the information or report is not received within the time stipulated by the Commission, it may be 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 an inform the complainant accordingly;

(ii) Without prejudice to any thing contained in clause (i), if it considers necessary, having regard to the natural of the complaint initiate an inquiry.

Section 18. Steps during and after inquiry

1[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) to make payment of compensation or damages to the complainant or to the victim or the members of his family as the Commission may consider necessary;

(ii) to initiate proceedings for prosecution or such other suitable action as the Commission may deem fit against the concerned person or persons;

(iii) 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;

(f) 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.]

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1. Subs. by Act No. 43 of 2006 w.e.f. 13-9-2006.

Section 19. Procedure with respect to armed forces

(1) Notwithstanding anything contained in this Act, while dealing with complaint violation of human rights by members of the armed forces, the Commission shall adopt the following procedure, namely:

(a) It may, either on its own motion or on receipt of a petition, seek a report from the Central Government;

(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 recommendation 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.

Section 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 report 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.

Section 21. Constitution of State Human Rights Commissions

(1) State Government may constitute a body to be known as the………..(name of the state) Human Rights Commission to exercise the powers conferred open, and to perform the functions assigned to, a State Commission under this chapter.

1[(2) The State Commission shall, with effect from such date as the State Government may by notification specify, consist of-

(a) a Chairperson 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 among persons having knowledge of or practical experience in matters relating to human rights.]

(3) 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 in to violation of human rights only in respect of matters relatable to any of the entries enumerated in list II and List III in the seventh schedule to the Constitution:

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 Right Commission, this sub-section shall have effect as if for the words and figures “List II and List III in the Seventh Schedule to the Constitution”, the words and figures “List III 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..

2[(6) 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 subsection (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.]

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1. Subs. by Act No. 43 of 2006 w.e.f. 13-9-2006.

2. Ins. by Act No. 43 of 2006 w.e.f. 13-9-2006.

Section 22. Appointments of Chairperson and Members of State Commission

Appointments of Chairperson and 1[Members] of State Commission. (1) The Chairperson and 1[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;

(d) Leader of the opposition in the Legislative Assembly——-member;

Provided also 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 member of the Committee:

Provided also that no sitting Judge of a High Court or a sitting district Judge 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 2[any vacancy of any Member in the Committee referred to in sub-section (1)].

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1. The words “other Members” Subs. by Act No. 43 of 2006 w.e.f. 13-9-2006.

2. The words “any vacancy in the Committee” Subs. by Act No. 43 of 2006 w.e.f. 13-9-2006.

Section 23. Resignation and Removal of Chairperson or a Member of the State Commission

1[Resignation and Removal of Chairperson or a Member of the State Commission]. 2[(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.

(1-A) 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 3[sub-section (1-A)] the President may by order remove from office the Chairperson or any 4[Member] if the Chairperson or such 4[Member], as the case may be-

(a) Is adjudged an insolvent; or

(b) Engages during his term of office in any paid employment outside the duties of his office; or

(d) 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.

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1. Subs. by Act No. 43 of 2006 w.e.f. 13-9-2006.

2. Subs. by Act No. 43 of 2006 w.e.f. 13-9-2006.

3. The words “sub-section (1) subs. by Act No. 43 of 2006 w.e.f. 13-9-2006.

4. The words “other members” subs. by Act No. 43 of 2006 w.e.f. 13-9-2006.

Section 24. Term of office of Chairperson and Members of the State Commission

1[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 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].

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1. Subs. by Act No. 43 of 2006 w.e.f. 13-9-2006.

Section 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 Member 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 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.

Section 26. Terms and conditions of service of Chairperson and Members of State Commissions

1[Terms and conditions of service of Chairperson and Members of 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.]

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1. Subs. by Act No. 43 of 2006 w.e.f. 13-9-2006.

Section 27. Officers and other staff of the State Commission

(1) The State Government shall make available to the Commission-

(a) 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 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 by the State Government.

Section 28. Annual and Special report 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.

Section 29. Application of certain provisions relating to National 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:

(a) Reference 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;

(d) In section 17, in clause (i), the words “Central Government or any” shall be omitted.

Section 30. Human Rights Courts

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 Courts 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) A special court is already constituted,

For such offences under any other law for the time being in force.

Section 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.

Section 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 utilized 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).

Section 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 of money as the State Government may think fit for being utilized 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).

Section 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.

(3) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the 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 the Government accounts and, in particular, shall have 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.

Section 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 and 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 as 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.

(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.

Section 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 and violation of human rights is alleged to have been committed.

Section 37. Constitution of special investigation teams

Notwithstanding anything contained in any other law for the time being to force, where the Government considers it necessary so to do, it may constitute one or more special investigation teams, consisting of such police officer as it thinks necessary for the purposes of investigation and prosecution of offences arising out of violations of human rights.

Section 38. Protection of action taken in good faith

No suit or other legal proceeding shall lie against the Central Government, State Government, Commission, 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 of proceedings.

Section 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 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.

Section 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:

(a) The salaries and allowances and other terms and conditions of service of the 1[Chairperson and Members] under section 8;

(b) 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;

(d) The form in which in 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 House agree in making any modification in the rule of both House 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 rule.

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1. The Words “Members” Subs. by Act No. 43 of 2006 w.e.f. 13-9-2006.

Section 40 A. Power to make rules retrospectively

1[Power to make rules retrospectively. The power to make rules 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 of 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 persons to whom such rule may be applicable.

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1. Inserted by Act, 49 of 2000, sec. 2. (w.e.f. 11-12-2000)

Section 40 B. Power of Commission to make regulations

1[Power of Commission to make regulations. (1) Subject to the provisions of this Act and the rules made there under, 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;

(b) the returns and statistics to be furnished by the State Commissions;

(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 regulation 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 regulation.]

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1. Inserted by Act No. 43 of 2006 w.e.f. 13-9-2006.

Section 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 1[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 offices and other staff under sub-section (3) of section 27;

(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 or the State legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.

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1. The words “Members” Subs. by Act No. 43 of 2006 w.e.f. 13-9-2006.

Section 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.

Section 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.

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The Protection of Human Rights Act, 1993