The Protection of Human Rights Act,
1993
No. 10 of 1994
Enacted in
1994, the Act provides for the constitution of a National Human
Rights Commission, State Human Right Commissions in States and
Human Rights Courts for better protection of Human Rights and
for matters connected therewith or identical thereto.
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1. Short title, extent
and commencement
(1 ) This Act may be called
the Protection of Human Rights Act, 1993.
(2) It extends to the whole
of India.
Provided that it shall
apply to the State of Jammu and Kashmir only in so far as it pertains
to the matters related to any of the entries enumerated in List I or
List lll in the Seventh Schedule to the Constitution as applicable to
that State.
(3) It shall be deemed
to have come into force on the 28th day of September, 1993.
2. Definitions
(1) In this Act, unless
the context otherwise requires-
(a) "armed forces" means
the naval, military and air forces and includes any other armed forces
of the Union;
(b) "Chairperson" means
the Chairperson of the Commission or of the State Commission, as the
case may be;
(c) "Commission" means
the National Human Rights Commission under section 3;
(d) "human rights" means
the rights relating to life, liberty, equality and dignity of the individual
guaranteed by the Constitution or embodied in the International Covenants
and enforceable by courts in India.
(e) "Human Rights Court"
means the Human Rights Court specified under section 30;
(f) "International Covenants"
means the International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights adopted
by the General Assembly of the United Nations on the 16th December,
1966;
(g) "Member" means a Member
of the Commission or of the State Commission, as the case may be, and
includes the Chairperson;
(h) "National Commission
for Minorities" means the National Commission for Minorities constituted
under section 3 of the National Commission for Minorities Act, 1992;
(i) "National Commission
for the Scheduled Castes and Scheduled Tribes" means the National Commission
for the Scheduled Castes and Scheduled Tribes referred to in article
338 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 Gazette;
(I) "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 to a law, which is not in force in the State of Jammu and Kashmir,
shall, in relation to that State, be construed as a reference to a corresponding
law, if any, in force in that State.
Chapter
II
THE NATIONAL HUMAN RIGHTS
COMMISSION
3. Constitution of a National
Human Rights Commission
(1) The Central Government
shall constitute a body to be known as the National Human Rights Commission
to exercise the powers conferred upon, and to perform the functions
assigned to it, under this Act.
(2) The Commission shall
consist of
(a) A Chairperson who has
been a Chief Justice of the Supreme Court;
(b) One Member who is or
has been, a Judge of the Supreme Court;
(c) One Member who is,
or has been, the Chief Justice of a High Court;
(d) Two Members to be appointed
from amongst persons having knowledge of, or practical experience in,
matters relating to human rights.
(3) The Chairpersons of
the National Commission for Minorities, the National Commission for
the Scheduled Castes and 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
as it may delegate to him.
(5) The headquarters of
the Commission shall be at Delhi and the Commission may, with the previous
approval of the Central Government, establish offices at other places
in India.
4. Appointment of Chairperson
and other Members
(1) The Chairperson and
other Members shall be appointed by the President by warrant under his
hand and seal. Provided that every appointment under this sub-section
shall be made after obtaining the recommendations of a Committee consisting
of
(a) The Prime Minister
Chairperson
(b) Speaker of the House
of the People Member
(c) Minister in-charge
of the Ministry of Home Affairs in the Government of India Member
(d) Leader of the Opposition
in the House of the People Member
(e) Leader of the Opposition
in the Council of States Member
(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 contion with the Chief Justice
of India.
(2) No appointment of a
Chairperson or a Member shall be invalid merely by reason of any vacancy
in the Committee.
5. Removal of a Member
of the Commission
(1) Subject to the provisions
of sub-section (2), the Chairperson or any other Member of the Commission
shall only be removed from his office by order of the President on the
ground of proved misdermour 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 such other Member, as the case
may be, ought on any such ground to be removed.
(2) Notwithstanding anything
in sub-section (1), the President may by order remove from office the
Chairperson or any other Member if the Chairperson or such other Member,
as the case may be
(a) is adjudged an insolvent;
or
(b) engages during his
term of office in any paid employment out side the duties of his office:
or
(c) is unfit to continue
in office by reason of infirmity of mind or body; or
(d) is of unsound mind
and stands so declared by a competent court; or
(e) is convicted and sentenced
to imprisonment for an offence which in the opinion of the President
involves moral turpitude.
6. Term of office of Members
(1 ) A person appointed
as Chairperson shall hold office for a term of five years from the date
on which he enters upon his office or until he attains the age of seventy
years, whichever is earlier.
(2) A person appointed
as a Member shall hold office for a term of five years from the date
on which he enters upon his office and shall be eligible for re-appointment
for another term of five years. Provided that no Member shall hold office
after he has attained the age of seventy years.
(3) On ceasing to hold
office, a Chairperson or a Member shall be ineligible for further employment
under the Government of India or under the Government of any State.
7. Member to act as Chairperson
or to discharge his functions in certain circumstances
(1 ) In the event of the
occurrence of any vacancy in the office of the Chairperson by reason
of his death, resignation or otherwise, the President may, by notification,
authorise one of the Members to act as the Chairperson until the appointment
of a new Chairperson to fill such vacancy.
(2) When the Chairperson
is unable to discharge his functions owing to absence on leave or otherwise,
such one of the Members as the President may, by notification, authorise
in this behalf, shall discharge the functions of the Chairperson until
the date on which the Chairperson resumes his duties.
8. Terms and conditions
of service of Members
The salaries and allowances
payable to, and other terms and conditions of service of, the Members
shall be such as may be prescribed. Provided that neither the salary
and allowances nor the other terms and conditions of service of a Member
shall be varied to his disadvantage after his appointment.
9. Vacancies, etc., not
to invalidate the proceedings of the Commission.
No act or proceedings of
the Commission shall be questioned or shall be invalidated merely on
the ground of existence of any vacancy or defect in the constitution
of the Commission.
10. Procedure to be regulated
by the Commission
(1) The Commission shall
meet at such time and place as the Chair son may think fit.
(2) The Commission shall
regulate its own procedure.
(3) All orders and decisions
of the Commission shall be audited by the Secretary-General or any other
officer of the Commission duly authorised by the Chairperson in this
behalf.
11. Officers and other
staff of the Commission
(1 ) The Central Government
shall make available to the Commission :
(a) an officer of the rank
of the Secretary to the Government of India who shall be the Secretary-General
of the Commission; and
(b) such police and investigative
staff under an officer not below the rank of a Director General of Police
and such other officers and staff as may be necessary for the efficient
performance of the functions of the Commission.
(2) Subject to such rules
as may be made by the Central Government in this behalf, the Commission
may appoint such other administrative, technical and scientific staff
as it may consider necessary.
(3) The salaries, allowances
and conditions of service of the officers and other staff appointed
under sub-section (2) shall be such as may be prescribed.
Chapter
III
FUNCTIONS AND POWERS
OF THE COMMISSION
12. Functions 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,
into complaint of
(i) violation of human
rights or abetment thereof 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;
(c) visit, under intimation
to the State Government, any jail or any other institution under the
control of the State Government, where persons are detained or lodged
for purposes of treatment, reformation or protection to study the living
conditions of the inmates and make recommendations thereon;
(d) review the safeguards
provided by or under the Constitution or any law for the time being
in force for the protection of human rights and recommend measures for
their effective implementation;
(e) review the factors,
including acts of terrorism that inhibit the enjoyment of human rights
and recommend appropriate remedial measures;
(f) study treaties and
other international instruments on human rights and make recommendations
for their effective implementation;
(g) undertake and promote
research in the field of human rights;
(h) spread human rights
literacy among various sections of society and promote awareness of
the safeguards available for the protection of these rights through
publications, the media, seminars and other available means;
(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 protection of human rights.
13. Powers relating to
inquiries
(1 ) The Commission shall,
while inquiring into complaints under this Act, have all the powers
of a civil court trying a suit under the Code of Civil Procedure, 1908,
and in particular in respect of the following matters, namely :
(a) summoning and enforcing
the attendance of witnesses and examine them on oath;
(b) discovery and production
of any document;
(c) receiving evidence
on affidavits;
(d) requisitioning any
public record or copy thereof from any court or office;
(e) issuing commissions
for the examination of witnesses or documents;
(f) any other matter which
may be prescribed.
(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 Penal Code.
(3) The Commission or any
other officer, not below the rank of a Gazetted Officer, specially authorised
in this behalf by the Commission may enter any building or place where
the Commission has reason to believe that any document relating to the
subject matter of the inquiry may be found, and may seize any such document
or take extracts or copies therefrom subject to the provisions of section
100 of the Code of Criminal Procedure, 1973, in so far as it may be
applicable.
(4) The Commission shall
be deemed to be a civil court and when any offence as is described in
section 175, section 178, section 179, section 180 or section 228 of
the Indian Penal Code is committed in the view or presence of the Commission,
the Commission may, after recording the facts constituting the offence
and the statement of the accused as provided for in the Code of Criminal
Procedure, 1973, forward the case to a Magistrate having jurisdiction
to try the same and the Magistrate to whom any such case is forwarded
shall proceed to hear the complaint against the accused as if the case
has been forwarded to him under section 346 of the Code of Criminal
Procedure, 1973.
(5) Every proceeding before
the Commission shall be deemed to be a judicial proceeding within the
meaning of sections 193 and 228, and for the purposes of section 196,
of the Indian Penal Code, and the Commission shall be deemed to be a
civil court for all the purposes of section 195 and Chapter XXVI of
the Code of Criminal Procedure, 1973.
14. Investigation
(1) The Commission may,
for the purpose of conducting any investigation pertaining to the inquiry,
utilise the services of any officer or investigation agency of the Central
Government or any State Government with the concurrence of the Central
Government or the State Government, as the case may be.
(2) For the purpose of
investigating into any matter pertaining to the inquiry, any officer
or agency whose services are utilised under sub-section (1 ) may, subject
to the direction and control of the Commission.
(a) summon and enforce
the attendance of any person and examine him;
(b) require the discovery
and production of any document; and
(c) requisition any public
record or copy thereof from any office.
(3) The provisions of section
15 shall apply in relation to any statement made by a person before
any officer or agency whose services are utilised under sub-section
(1 ) as they apply in relation to any statement made by a person in
the course of giving evidence before the Commission.
(4) The officer or agency
whose services are utilised under sub-section (1 ) shall investigate
into any matter pertaining to the inquiry and submit a report thereon
to the Commission within such period as may be specified by the Commission
in this behalf.
(5) The Commission shall
satisfy itself about the correctness of the facts stated and the conclusion,
if any, arrived at in the report subbed to it under sub-section (4)
and for this purpose the Commission may make such inquiry (including
the examination of the person or persons who conducted or assisted in
the investigation) as it thinks fit.
15. Statement made by persons
to the Commission
No statement made by a
person in the course of giving evidence before the Commission shall
subject him to, or be used against him in, any civil or criminal proceeding
except a prosecution for giving false evidence by such statement:
Provided that the statement
(a) is made in reply to
the question which he is required by the Commission to answer; or
(b) is relevant to the
subject matter of the inquiry.
16. Persons likely to be
prejudicially affected to be heard
If, at any stage of the
inquiry, the Commission-
(a) considers it necessary
to inquire into the conduct of any person; or
(b) is of the opinion that
the reputation of any person is likely to be prejudicially affected
by the inquiry;
it shall give to that person
a reasonable opportunity of being heard in the inquiry and to produce
evidence in his defence:
Provided that nothing in
this section shall apply where the credit of a witness is being impeached.
Chapter
IV
PROCEDURE
17. Inquiry into complaints
The Commission while inquiring
into the complaints of violations of human rights may-
(i) call for information
or report from the Central Government or any State Government or any
other authority or organisation subordinate thereto within such time
as may be specified by it;
Provided that-
(a) if the information
or report is not received within the time stipulated by the Commission,
it may proceed to inquire re into the complaint on its own;
(b) if, on receipt of information
or report, the Commission is satisfied either that no further inquiry
is required or that the required action has been initiated or taken
by the concerned Government or authority, it may not proceed with the
complaint and inform the complainant accordingly;
(ii) without prejudice
to anything contained in clause (i), if it con ers necessary, having
regard to the nature of the complaint, initiate an inquiry.
18. Steps after inquiry
The Commission may take
any of the following steps upon the completion of an inquiry held under
this Act namely :
(1) where the inquiry discloses,
the commission of violation of human rights or negligence in the prevention
of violation of human rights by a public servant, it may recommend to
the concerned Government or authority the initiation of proceedings
for prosecution or such other action as the Commission may deem fit
against the concerned person or persons;
(2) approach the Supreme
Court or the High Court concerned for such directions, orders or writs
as that Court may deem necessary;
(3) recommend to the concerned
Government or authority for the grant of such immediate interim relief
to the victim or the members of his family as the Commission may consider
necessary;
(4) subject to the provisions
of clause (5), provide a copy of the inquiry report to the petitioner
or his representative;
(5) 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;
(6) the Commission shall
publish its inquiry report together with the comments of the concerned
Government or authority, if any, and the action taken or proposed to
be taken by the concerned Government or authority on the recommendations
of the Commission.
19. Procedure with respect
to armed forces
(1 ) Notwithstanding anything
contained in this Act, while dealing with complaints of violation of
human rights by members of the armed forces, the Commission shall adopt
the following procedure, namely :
(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 recommendations
within three months or such further time as the Commission may allow.
(3) The Commission shall
publish its report together with its recommendations made to the Central
Government and the action taken by that Government on such recommendations.
(4) The Commission shall
provide a copy of the report published under sub-section (3) to the
petitioner or his representative.
20. Annual and special
reports of the Commission
(1) The Commission shall
submit an annual report to the Central Government and to the State Government
concerned and may at any time submit special reports on any matter which,
in its opinion, is of such urgency or importance that it should not
be deferred till submission of the annual report.
(2) The Central Government
and the State Government, as the case may be, shall cause the annual
and special reports of the Commission to be laid before each House of
Parliament or the State Legislature respectively, as the case may be,
along with a memorandum of action taken or proposed to be taken on the
recommendations of the Commission and the reasons for non-acceptance
of the recommendations, if any.
Chapter
V
STATE HUMAN RIGHTS COMMISSIONS
21. Constitution of State
Human Rights Commissions
(1) A State Government
may constitute a body to be known as the ....................... (name
of the State) Human Rights Commission to exercise the powers conferred
upon, and to perform the functions assigned to, a State Commission under
this chapter.
(2) The State Commission
shall 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;
(c) one Member who is,
or has been, a district judge in that State;
(d) two Members to be appointed
from amongst 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 into violation of human rights only in respect of matters
relatable to any of the entries enumerated in List II and List lll 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 Rights Commission, this sub-section
shall have effect as if for the words and figures "List ll and List
lll in the Seventh Schedule to the Constitution", the words and figures
"List lll in the Seventh Schedule to the Constitution as applicable
to the State of Jammu and Kashmir and in respect of matters in relation
to which the Legislature of that State has power to make laws" had been
substituted.
22. Appointment of Chairperson
and other Members of State Commission
(1) The Chairperson and
other 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
Member Assembly
(c) Minister in-charge
of the Department Member of Home, in that State
(d) Leader of the Opposition
in the Member Legislative Assembly
Provided further that where
there is a Legislative Council in a State, the Chairman of that Council
and the Leader of the Opposition in that Council shall also be members
of the Committee.
Provided also that no sitting
Judge of a High Court or a sitting District 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 any vacancy in the Committee.
23. Removal of a Member
of the State Commission
(1) Subject to the provisions
of sub-section (2), the Chairperson or any other 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 other Member, as
the case may be, ought on any such ground to be removed.
(2) Notwithstanding anything
in sub-section (1), the President may by order remove from office the
Chairperson or any other Member if the Chairperson or such other 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
(c) is unfit to continue
in office by reason of infirmity of mind or body; OR
(d) is of unsound mind
and stands so declared by a competent court; OR
(e) is convicted and sentenced
to imprisonment for an offence which in the opinion of the President
involves moral turpitude.
24. Term of office of Members
of the State Commission
(1 ) A person appointed
as Chairperson shall hold office for a term of five years from the date
on which he enters upon his office or until he attains the age of seventy
years, whichever is earlier;
(2) A person appointed
as a Member shall hold office for a term of five years from the date
on which he enters upon his office and shall be eligible for re-appointment
for another term of five years;
Provided that no Member
shall hold office after he has attained the age of seventy years.
(3) On ceasing to hold
office, a Chairperson or a Member shall be ineligible for further employment
under the Government of a State or under the Government of India.
25. Member to act as Chairperson
or to discharge his func tions 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 Govrnor may, by notification,
authorise one of the Members to act as the Chairperson until the appointment
of a new Chairperson to fill such vacancy.
(2) When the Chairperson
is unable to discharge his functions owing to absence on leave or otherwise,
such one of the Members as the Governor may, by notification, authorise
in this behalf, shall discharge the functions of the Chairperson until
the date on which the Chairperson resumes his duties.
26. Terms and conditions
of service of Members of the State Commission
The salaries and allowances
payable to, and other terms and conditions of service of, the 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 a Member shall be varied to his disadvantage after his appointment.
27. Officers and other
staff of the State Commission
(1) The State Government
shall make available to the Commission
(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 other addministrative, technical and scientific staff
as it may consider necessary.
(3) The salaries, allowances
and conditions of service of the officers and other staff appointed
under sub-section (2) shall be such as may be prescribed by the State
Government.
28. Annual and special
reports of State Commission
(1 ) The State Commission
shall submit an annual report to the State Government and may at any
time submit special reports on any matter which, in its opinion, is
of such urgency or importance that it should not be deferred till submission
of the annual report.
(2) The State Government
shall cause the annual and special reports of the State Commission to
be laid before each House of State Legislature where it consists of
two Houses, or where such Legislature consists of one House, before
that House along with a memorandum of action taken or proposed to be
taken on the recommendations of the State Commission and the reasons
for non-acceptance of the rections, if any.
29. Application of certain
provisions relating to National Hu man 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) references to "Commission"
shall be construed as refer ences to "State Commission";
(b) in section 10, in sub-section
(3), for the word "Secretary General", the word "Secretary" shall be
substituted;
(c) in section 12, clause
(f) shall be omitted;
(d) in section 17, in clause
(i), the words "Central Government or any" shall be omitted;
Chapter
VI
HUMAN RIGHTS COURTS
30. For the purpose of
providing speedy trial of offences arising out of violation of human
rights, the State
Government may, with the
concurrence of the Chief Justice of the High Court, by notification,
specify for each district a Court of Session to be a Human Rights Court
to try the said offences.
Provided that nothing in
this section shall apply if
(a) a Court of Session
is already specified as a special court; or
(b) a special court is
already constituted, for such offences under any other law for the time
being in force.
31. Special Public Prosecutor
For every Human Rights
Court, the State Government shall, by notification, specify a Public
Prosecutor or appoint an advocate who has been in practice as an advocate
for not less than seven years, as a Special Public Prosecutor for the
purpose of conducting cases in that Court.
Chapter
VII
FINANCE, ACCOUNTS AND
AUDIT
32. Grants by the Central
Government
(1) The Central Government
shall after due appropriation made by Parliament by law in this behalf,
pay to the Commission by way of grants such sums of money as the Central
Government may think fit for being utilised for the purposes of this
Act.
(2) The Commission may
spend such sums as it thinks fit for performing the functions under
this Act, and such sums shall be treated as expenditure payable out
of the grants referred to in sub-section (1).
33. Grants by the State
Government
(1) The State Government
shall, after due appropriation made by Legislature by law in this behalf,
pay to the State Commission by way of grants such sums of money as the
State Government may think fit for being utilised for the purposes of
this Act.
(2) The State Commission
may spend such sums as it thinks fit for performing the functions under
Chapter V, and such sums shall be treated as expenditure payable out
of the grants referred to in sub-section (1).
34. Accounts and Audit
(1 ) The Commission shall
maintain proper accounts and other relevant records and prepare an annual
statement of accounts in such form as may be prescribed by the Central
Government in consultation with the Comptrollerand 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 or any person ap ed by him in connection with the audit
of the accounts of the Com sion under this Act shall have the same rights
and privileges and the au ty in connection with such audit as the Comptroller
and Auditor-Gen al gener ally has in connection with the audit of Government
ac counts and, in particular, shall have the right to demand the production
of books, accounts, connected vouchers and other documents and papers
and to inspect any of the offices of the Commission.
(4) The accounts of the
Commission as certified by the Comptroller and Auditor-General or any
other person appointed by him in this behalf, together with the audit
report thereon shall be forwarded only to the Central Government by
the Commission and the Central Government shall cause the audit report
to be laid as soon as may be after it is received before each House
of Parliament.
35. Accounts and Audit
of State Commission
(1) The State Commission
shall maintain proper accounts and other relevant records and prepare
an annual statement of accounts in such form as may be prescribed by
the State Government in consultation with the Comptroller and Auditor-General
of India.
(2) The accounts of the
State Commission shall be audited by the Comptroller and Auditor-General
at such intervals as may be specified by him and any expenditure incurred
in connection with such audit shall be payable by the State Commission
to the Comptroller and Auditor-General.
(3) The Comptroller and
Auditor-General or any person ap ed by him in connection with the audit
of the accounts of the State Commission under this Act shall have the
same rights and privileges and the authority in connection with such
audit as the Comptroller and Auditor-General generally has in connection
with the audit of Government accounts and, in particular, shall have
the right to demand the production of books, accounts, connected vouchers
and other documents and papers and to inspect any of the offices of
the State Commission.
(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.
Chapter
VIII
MISCELLANEOUS
36. Matters not subject
to jurisdiction of the Commission
(1 ) The Commission shall
not inquire into any matter which is pending before a State Commission
or any other Commission duly constituted under any law for the time
being in force.
(2) The Commission or the
State Commission shall not inquire into any matter after the expiry
of one year from the date on which the act constituting violation of
human rights is alleged to have been commited.
37. Constitution of special
investigation teams
Notwithstanding anything
contained in any other law for the time being in force, where the Government
considers it necessary so to do, it may constitute one or more special
investigation teams, consisting of such police officers as it thinks
necessary for purposes of investigation and prosecution of offences
arising out of violations of human rights.
38. Protection of action
taken in good faith
No suit or other legal
proceeding shall lie against the Central Government, State Government,
Commission, the State Commission or any Member thereof or any person
acting under the direction either of the Central Government, State Government,
Commission or the State Commission in respect of anything which is in
good faith done or intended to be done in pursuance of this Act or of
any rules or any order made thereunder or in respect of the publication
by or under the authority of the Central Government, State Government,
Commission or the State Commission of any report paper or proceedings.
39. Members and officers
to be public servants
Every Member of the Commission,
State Commission and every officer appointed or authorised by the Commission
or the State Commission to exercise functions under this Act shall be
deemed to be a public servant within the meaning of section 21 of the
Indian Penal Code.
40. Power of Central Government
to make rules
(1 ) The Central Government
may, by notification, make rules to carry out the provisions of this
Act.
(2) In particular and without
prejudice to the generality of the fore ing 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 serv ice of the 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;
(c) any other power of
a civil court required to be prescribed under clause (f) of sub-section
(1) of section 13;
(d) the form in which the
annual statement of accounts is to be pre pared by the Commission under
sub-section (1 ) of section 34; and
(e) any other matter which
has to be, or may be, prescribed.
(3) Every rule made under
this Act shall be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session, for a total period of thirty
days which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately following
the session or the successive sessions aforesaid, both Houses agree
in making any modification in the rule or both Houses agree that the
rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so however,
that any such modification or annulment shall be without prejudice to
the validity of anything previously done under that rule.
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 fore ing 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 serv ice of the members under section
26;
(b) the conditions subject
to which other administrative, technical and scientific staff may be
appointed by the State Commission and the salaries and allowances of
officers and other staff under sub-section (3) of section 27;
(c) the form in which the
annual statement of accounts is to be prepared under sub-section (1
) of section 35.
(3) Every rule made by
the State Government under this section shall be laid, as soon as may
be after it is made, before each House of the State Legislature where
it consists of two Houses, or where such Legislature consists of one
House, before that House.
42. Power to remove difficulties
(1 ) If any difficulty
arises in giving effect to the provisions of this Act, the Central Government,
may by order published in the Official Gazette, make such provisions,
not inconsistent with the provisions of this Act as appear to it to
be necessary or expedient for removing the difficulty.
Provided that no such order
shall be made after the ex ry 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.
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.
Source: National
Human Rights Commission
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