The Protection of Human Rights Act 1993

The
Protection of
Hum an Rights Act, 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 Marg
New Delhi - 1 10 001
Nvebsite : Nmvw.nhrc.nic. in

THE PROTECTION OF HUMAN RIGHTS ACX
1993* '
. No. 10 of 1994 '
' 
(8th January, 1994)
An Act to provide for the constitution of a National Human
Rights Commission, State Human Rights Commission in States and
Human Rights Courts for better protection of human rights and for
matters connected therewith or . incidental thereto. '
Be it enacted bp Parliament in the forty-fourth pear of the
Republic of alndia as follows :
* As qmended bp the Protection of Human Sfghls pAmendmcnl) Act, 200&.
No. 43 oj 2006.

CONTENTS
PREAMBLE
CHABr.R 1
PRELIMINAR
Short title, extent and commencement
2. Definitions
CHAIC'ER 11
THE NATIONAL HUMAN RIGHTS COMMISSION
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
1
1
6
8. Terms and conditions of service of Chairperson and Members
Member to act as Chairperson or to discharge his
functions in certain circumstançes
Vacancies etc., not to invalidate' the proceedings
of the Commission 6
10. Procedure to be regulated W the Commission .
Officers and other staff of the Comrriission
CHANER III
FUXCTIONS AND POWERS OF THE COMMISSION
12. Functions of the Commissioh 8
13. Powers relating to inquiries 9
7

l4. investigation
15, Statement made bv pcrsons to the Commission
16. Persons likely to be prejudiciallv affected to be heard 12
CHABTER IV
PROCEDURE
Inquity into complaints
18. Steps during and after inquiw
19. Procedure with respect to armed forces
20 Anpual and special reports of the Commission
CHABTER V
STATE HUMAN RIGHTS COMMISSION
Constitution of State Human Rights Commissions
22. Appointment of Cllairpe'rson and Members
of State Commission .
23. Resignation and Removal of Chairperson or a
Member of the State Commission
24. Term of office of Chaimerspn and Members
of the State Commission
25. Member to act as Chairperson or to discharge
his functions in certain circumstances
26. Terms and conditions of servic' e of Chairperson and
' 
Members of State Commission '
27. Officers and other staff of the State Commission
28. Annual and special reports of State Commission
29. Application of certain provisions relating to National
Human Rights Commission to State Commissions
13
14
16
18
19
19
20
20
21
21

CHm ER VI
HUMAN RIGHTS COURTS
Human Rigbts Courts
31. Special Public Prosecutor
22
22
CHANER VII
FINANCE. ACCOUNTS AND AUDIT
32. Grants W the Central Government
33. Grants bp the State Goverriment
34. Accounts and hudit
35. Accounts. and Audit of State Commission
23
23
23
24
CH- ER VIII
MISCELLANEOUS
36. Matters 'not subject to jurisdiction of the Commission
37. Constitution of special investigation teams
38. Protection qf action taken in good faith
39. Members and officérs to be public sewants
40. Power of Central Government to make rules
4O(A). Power to make rules retrospectivelg
400). Power of Commission to make Regulations
41. Power of State Government to make rules
Power to remove difficulties
43. Repeal and Savipgs
26
26
26
26
28
28
29
29
30
(v)

CHABTER I
PRELIM INARY
.1. Short title, e-uenf and commencement
(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
Commission 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 Economic, 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 Assemblp ' of
the United Nations as the Central Government
mag: by notification, specifg''ll ;
''Member'' means a Member of the Commission 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 Commission for Women
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 meaning 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 Jammu and Kashmir, 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
THE NATIONAL HUMAN RIGHTS
COM MISSION
3. Constitution p.f a National Human 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 fullctions 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 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 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 Supreme 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, '
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
Supreme Court, on reference being made 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 circumstances '
(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 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 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
Members
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 Commission.
10. Procedure to be regulated bp the Cotnmission
(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 Commission 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
FUNCTIONS AND POV RS
OF THE COM M ISSION
12. Functions o.j the Commission
The Commission shall perform all or ang of the following functions,
namelp:-
(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 sewantp
(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 make recommendations for their effective
implem' 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
examining 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 time being in force, to furnish information on sucb points or matters
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 aGazetted Officer, speciallp authorised in this behalf bv the Commission mav '
enter anp building or place where the Comrnission 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 complaint against the accused
as if the case has been forwarded to him under section 346 of the Code
of Criminal 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 pumoses of section 195 and
Chapter XXUI of the Code of Criminal Procedure, 1973.
(6)1 Where the Commission considers it necessarp or expedient so
d it may bv order,' transfer anp complaint filed or pending' before itto o, ,
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 sub-
section (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 made 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 sub-
section (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 submitted
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. Statement made by persons to the Comm ission
No statement made 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 i n to answer; or 'ommiss o
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 Commission:-
(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 impeached.
12

CHA'IVER Iv
PROCEDURE
17. lhquiry into complaints
The Commission while inquiring into the complaints of violations of
human rights mag- '
(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
j . 'comp aint on its own; .
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
Government or authority, it map not proceed with the complaint
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'
Th C mmissio' n mav take ang of t'he following steps during or upon! e o
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
Government 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 members of his family as the Commission
map consider necessarg;
(ii) to initiate proceedings for prosecution or such other suitable
action as the Commission mag 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 recommendations to the concerned Government or authoritv and
the concerned Government or authority shall, within a period of one month,
or such further time as the Commission may allow, fonvard its comments
on the report, including the action taken or proposed to be taken thereon,
to the Commission;
(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 membcrs of the armed
forces, the Commission shall adopt the following procedure, namely :-
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 Government.
(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 Government concerned and mag at anp time
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
r.t . 'repo . .
(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 HUMAN RIGHTS
COM M ISSIONS
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 Commission 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 matters relatable to anv of the entries enumerated 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
Chaimerson 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'
appointment: '
Provided that every appointment 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 .
hairpevson and fMe' tnbersf of Stnte22. Appoîntment of C
Commisslon '
(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 -
Member
(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 memb'ers 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 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 20064 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;
Or
(e) is convicted and sentenced to imprisonment for an offence which
in the opinion of the President involves moral turpitude.
24. Term oi offce of (Chairperson andll Members of the Sfafe
Commission
(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 Government of lndia.
25. Membèr to act as Chalrperson or to discharge hisfunctions
in certaîn cîrcumstances
(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 Chaimerson 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 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. frerms and conditions of serpice o.f Chalrperson and
Members o.f the State Commissions
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 Commlssîon
(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 mav be necessaw for the efficient performance 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 may 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. Annual .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 importance that it should not
be deferred till submission 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
Human Rlghts Commission to' State Commissions
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 Commission'' ';
(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
HUM AN RIGHTS COURTS
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

CHUTER VII
FINANCE, ACCOUNTS AND AUDIT
32. Grants by the Central Govevnment
(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
performing 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. 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 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
b1e bp the Commission to the' Comptroller and Auditor-General 'pava .
23

(3) The Comptroller and Auditor-Genera! or ang person appointed
bp him in connection with the audit of the accoùnts of the Commision under
this Act shall have the same 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. Accounts and Audit o.f State Comtnlssion
(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 Comptroller 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 documents and papers and to
inspect anp of the offices of the State Commission.

(4) The accounts of the State Commission, as certified bv the
Comptroller 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
Government shall cause the audit report to be Iaid, as soon as map be after
it is received, before the State Legislature.
25

CHAIVER VIIl
M ISCELLANEOUS
36. Mattevs not subject to jurisdiction of the Commission
(1) The Comrnission shall not inquire into any matter which is
' 
f St te Commission or anp other Commission dulppending be ore a a
constituted under any law for the time being in force.
(2) The Commission or the State Commission shall not inquire into
anp' matter 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 Government, State Government, Commission or the State
Commission 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 Commission or the State Commissiort
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
matters namelg :-
(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'more wccessive 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 make rules 'relrospectively- l-he 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 on which this Act received the assent of the President. but
no such retrospective effect shall be given to arll/ such rul

Excerpt shown. Open the full act in Lexace.

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