LexThe PROTECTION OF HUMEN RIGHTS ACT, 1993
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THE PROTECTION OF HUMAN RIGHTS ACT, 1993
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
THE NATIONAL HUMAN RIGHTS COMMISSION
3. Constitution of a National Human Rights Commission.
4. Appointment of Chairperson and other Members.
5. Resignation and removal of Chairperson and Members.
6. Term of office of Chairperson and Members.
7. Member to act as Chairperson or to discharge his functions in certain circumstances.
8. Terms and conditions of service of Chairperson and Members.
9. Vacancies, etc., not to invalidate the proceedings of the Commission.
10. Procedure to be regulated by the Commission.
11. Officers and other staff of the Commission.
CHAPTER III
FUNCTIONS AND POWERS OF THE COMMISSION
12. Functions of the Commission.
13. Powers relating to inquiries.
14. Investigation.
15. Statement made by persons to the Commission.
16. Persons likely to be prejudicially affected to be heard.
CHAPTER IV
PROCEDURE
17. Inquiry into complaints.
18. Steps during and after inquiry.
19. Procedure with respect to armed forces.
20. Annual and special reports of the Commission.
CHAPTER V
STATE HUMAN RIGHTS COMMISSIONS
21. Constitution of State Human Rights Commissions.
22. Appointment of Chairperson and other Members of State Commission.
23. Resignation and Removal of a Chairperson or a Member of the State Commission.
24. Term of office of Chairperson and Members of the State Commission.
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SECTIONS
25. Member to act as Chairperson or to discharge his functions in certain circumstances.
26. Terms and conditions of service 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.
CHAPTER VI
HUMAN RIGHTS COURTS
30. Human Rights Courts.
31. Special Public Prosecutor.
CHAPTER VII
FINANCE, ACCOUNTS AND AUDIT
32. Grants by the Central Government.
33. Grants by the State Government.
34. Accounts and audit.
35. Accounts and audit of State Commission.
CHAPTER VIII
MISCELLANEOUS
36. Matters not subject to jurisdiction of the Commission.
37. Constitution of special investigation teams.
38. Protection of action taken in good faith.
39. Members and officers to be public servants.
40. Power of Central Government to make rules.
40A. Power to make rules retrospectively.
40B. Power of Commission to make regulations.
41. Power of State Government to make rules.
42. Power to remove difficulties.
43. Repeal and savings.
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THE PROTECTION OF HUMAN RIGHTS ACT, 1993
ACT NO. 10 OF 1994
[8th January, 1994.]
An Act to provide for the constitution of a National Human Rights Commission, State Human
Rights Commissions in States and Human Rights Courts for better protection of human
rights and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Forty-fourth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.—(1) This Act may be called the Protection of Human
Rights Act, 1993.
(2) It extends to the whole of India:
Provided that it shall apply to the State of Jammu and Kashmir only in so far as it pertains to the
matters relatable to any of the entries enumerated in List I or List III 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 constituted under section 3;
(d) “Human R ights” 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;
1[(f) “International Covenants” means the International Covenant on Civil and Political Ri ghts
and the International Covenant on Economic, Social and Cultural Right s 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 the National Commission for Minorities
constituted under section 3 of the National Commission for Minorities Act, 1992 (19 of 1992);
3[(i) “ National Commission for the Scheduled Castes” means the National Commission for the
Scheduled Castes referred to in article 338 of the Constitution;
(ia) “National Commission for the Schedul ed Tribes” means the National Commission for the
Scheduled Tribes referred to in article 338A of the Constitution;]
1. Subs. by Act 43 of 2006, s. 2, for clause (f) (w.e.f. 23-11-2006).
2. Subs. by s. 2, ibid., for clause (g) (w.e.f. 23-11-2006).
3. Subs. by s. 2, ibid., for clause (i) (w.e.f. 23-11-2006).
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(j) “National Commission for Women” means the National Commission for Women constituted
under section 3 of the National Commission for Women Act, 1990 (20 of 1990);
(k) “notification” means a notification published in the Official Gazette;
(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
(45 of 1860);
(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 corre sponding 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 Com mission 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 b e 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 40B) 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 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 3[the Members]
shall be appointed by the President by warrant under his hand and seal:
Provided that every appointmen t under this sub -section shall be made after obtaining the
recommendations of a Committee consisting of—
1. Subs. by Act 43 of 2006, s. 3, for “the National Commission for the Scheduled Castes and Scheduled Tribes”
(w.e.f. 23-11-2006).
2. Subs. by s. 3, ibid., for “as it may delegate to him” (w.e.f. 23-11-2006).
3. Subs. by s. 4, ibid., for “other Members” (w.e.f. 23-11-2006).
(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;
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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 rea son of any
1[vacancy of any member in the Committee referred to in the first proviso to sub-section (1)].
2[5. Resignation and r emoval 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
(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.]
3[6. Term of office of Chairperson and Members.—(1) A person appointed as Chairperson shall
hold office for a term of five years from the date on which he enters upon his office or until he attains the
age of seventy years, whichever is earlier.
(2) A person appointed as a Member shall hold office for a term of five years from the date on which
he enters upon his office and shall be eligible for re-appointment for another term of five years:
Provided that no Member shall hold office after he has attained the age of seventy years.
(3) On ceasing to hold offi ce, 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 reaso n 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 una ble 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.
1. Subs. by Act 43 of 2006, s. 4, for “vacancy in the Committee” (w.e.f. 23-11-2006).
2. Subs. by s. 5, ibid., for section 5 (w.e.f. 23-11-2006).
3. Subs. by s. 6, ibid., for section 6 (w.e.f. 23-11-2006).
(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:
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1[8. 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 condition s of service of the
Chairperson or a Member shall be varied to his disadvantage after his appointment.]
9. Vacancies, etc., not to invalidate the proceedings of the Commission.—No act or
proceedings of the Commission shall be questioned or shall be invalidated merely on the ground of
existence of any vacancy or defect in the constitution of the Commission.
10. Procedure to be regulated by the Commission. —(1) The Commission shall meet at such
time and place as the Chairperson may think fit.
2[(2) Subject to the provisions of this Act and the rules made thereunder, the Commission shall have
the power to lay down by regulations its own procedure.]
(3) All orders and decisions of the Commission shall be authenticated by the
Secretary-General or any other officer of the Commission duly authorised by the Chairperson in this
behalf.
11. Officer s and other staff of the Commission. —(1) The Central Government shall make
available to the Commission—
(a) an officer o f 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 Po lice and su ch 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 admin istrative, 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 t he following
functions, namely:—
(a) inquire, suo motu or on a petition presented to it by a victim or any person on his behalf 3[or
on a direction or order of any court], 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;
4[(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, whe re 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;]
1. Subs. by Act 43 of 2006, s. 7, for section (8) (w.e.f. 23-11-2006).
2. Subs. by s. 8, ibid., for sub-section (2) (w.e.f. 23-11-2006).
3. Ins. by s. 9, ibid. (w.e.f. 23-11-2006).
4. Subs. by s. 9, ibid., for clause (c) (w.e.f. 23-11-2006).
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(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 o ther 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 promotion of human rights.
13. Powers relating to inquiries. —(1) The Commission shall, while in quiring into complaints
under this Act, have all the powers of a civil court trying a suit under the Code of Civil Procedure,
1908 (5 of 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;
(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 fur nish such
information within the meaning of section 176 and section 177 of the Indian Penal Code (45 of 1860).
(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 t o the provisions of section
100 of the Code of Criminal Procedure, 1973 (2 of 1974), 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 I ndian Penal Code
(45 of 1860) is committed in the view or pre sence 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 Crimi nal Procedure, 1973 (2 of 1974) , 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
(45 of 1860), 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 (2 of 1974).
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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
Commission as if it were a complaint initially filed before it.]
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 submitted to it under sub -section ( 4) and for this purpose the
Commission may make such inquiry (including the examination of the person or persons who
conducted or assisted in the investigation) as it thinks fit.
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.
1. Ins. by Act 43 of 2006, s.10 (w.e.f. 23-11-2006).
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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 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 considers necessary, having regard
to the nature of the complaint, initiate an inquiry.
1[18. Steps during and after inquiry.—The Commission may take any of the following steps during
or upon the completion of an inquiry held under this Act, namely:—
(a) where the inquiry discloses the commission of violation of human rights or negligence in the
prevention of violation of human rights or abetment thereof by a public servant, it may recommend to
the concerned Government or authority—
(i) 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 p roposed 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 cas e
may be, make its recommendations to that Government.
1. Subs. by Act 43 of 2006, s. 11, for section 18 (w.e.f. 23-11-2006).
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(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 sha ll prov ide a copy of the report published under sub -section ( 3) to the
petitioner or his representative.
20. Annual a nd special reports of the C ommission.—(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 St ate Government, as the case may be, shall cause the ann ual
and special reports of the Commission to be laid before each House of Parliament or the State Legislature
respectively, as the case m ay be, along with a memorandum of action taken or proposed to be take n 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 Commission .—(1) A State Government may constitute a
body to be kn own 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.
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 knowledg e 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 C ommission 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 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 re lation to the Jammu and Kashmir Human Rights 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 w hich the
Legislature of that State has power to make laws” had been substituted.
1. Subs. by Act 43 of 2006, s. 12, for sub-section (2) (w.e.f. 23-11-2006).
11
1[(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 an other State
Commission simultaneously if such Chairperson or Member consents to such appointment:
Provided that every a ppointment made under this sub -section shall be made after obtaining the
recommendations of the Committee referred to in sub -section (1) of section 22 in respect of the State for
which a common Chairperson or Member, or both, as the case may be, is to be appointed.]
22. Appointment of Chairperson and 2[Members] of State Commission.—(1) The Chairper son
and 2[Members] shall be appointed by the Governor by warrant under his hand and seal:
Provided that every appointme nt under this sub -section shall be made after obtaining the
recommendation of a Committee consisting of—
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 3[any vacancy of any Member in the Committee referred to in sub-section (1)].
4[23. Resignation and Removal of Chairperson or a Member of the State Commission ].—5[(1)
The Chairperson or a Member of a State Commission may, by notice in writing under his hand addressed
to the Governor, resign his office.
(1A) Subject to the provisions of sub -section ( 2), the Chairperson or any Member of the State
Commission shall only be removed from his office by order of the Presiden t 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 6[sub-section (1A)] the President may by order remove from off ice
the Chairperson or any 7[Member] if the Chairperson or such 7[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.
1. Ins. by Act 43 of 2006, s. 12 (w.e.f. 23-11-2006).
2. Subs. by s. 13, ibid., for “other Members" (w.e.f. 23-11-2006).
3. Subs. by s. 13, ibid., for “any vacancy in the Committee” (w.e.f. 23-11-2006).
4. Subs. by s. 14, ibid., for “Removal of a Member of the State Commission” (w.e.f. 23-11-2006).
5. Subs. by s. 14, ibid., for sub-section (1) (w.e.f. 23-11-2006).
6. Subs. by s. 14, ibid., for “sub-section (1)” (w.e.f. 23-11-2006).
7. Subs. by s. 14, ibid., for “other Member” (w.e.f. 23-11-2006).
(a) the Chief Minister —chairperson;
(b) Speaker of the Legislative Assembly —member;
(c) Minister in-charge of the Department
of Home in that State
—member;
(d) Leader of the Opposition in the
Legislative Assembly
—member:
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1[24. Term of office of Chairperson and Members of the State Commission.—(1) A person
appointed as Chairperson shall hold office for a term of five years from the date on which he enters upon
his office or until he attains the age of seventy years, whichever is earlier.
(2) A person appointed as a Member shall hold office for a term of five years from the date on which
he enters upon his office and shall be eligible for re-appointment for another term of five years:
Provided that no Member shall hold office after he has attained the age of seventy years.
(3) On ceasing to hold office, a Chairperson or a Member shall be ineligible for furthe r employment
under the Government of a State or under the Government of India.]
25. Member to act as Chairperson or to discharge his functions in certain circumstances .—(1)
In the event of the occurrence of any vacancy in the office of the Chairperson by reason of his death,
resignation or otherwise, the Governor may, by notification, authorise one of the Members to act as the
Chairperson until the appointment of a new Chairperson to fill such vacancy.
(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.
2[26. Terms and conditions of service of Chairperson and Members of State Commission.— The
salaries and allowances payable to, and other terms and conditions of service of, the Chairperson and
Members shall be such as may be prescribed by the State Government:
Provided that neither the salary and allowances nor the other terms and conditions of service of the
Chairperson or a Member shall be varied to his disadvantage after his appointment.]
27. Office rs 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 su ch 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 app oint 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 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 urgenc y 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.
1. Subs. by Act 43 of 2006, s. 15, for section 24 (w.e.f. 23-11-2006).
2. Subs. by s.16, ibid., for section 26 (w.e.f. 23-11-2006).
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29. Application of certain p rovisions relating to National Human Rights Commission to State
Commissions.—The provisions of sections 9, 10, 12, 13, 14, 15, 16, 17 and 18 shall apply to a State
Commission and shall have effect, subject to the following modifications, namely:—
(a) references to “Commission” shall be construed as references to “State Commission”;
(b) in section 10, in sub -section ( 3), for the word “Secretary-General”, the word
“Secretary” shall be substituted;
(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. Human Rights Courts .—For the purpose of providing speedy trial of offences arising out of
violation of hu man 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 pract ice 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 suc h sums as it thinks fit for perfor ming the functions under th is
Act, and such sums shall be treated as expenditure payable out of the grants referred to in
sub-section (1).
33. Grants by the State Government.—(1) The State Government shall, after due, appropriation
made by Legislature by law in this behalf, pay to the State Commission by way of grants such sums
of money as the State Government may think fit for being utilised for the purposes of this Act.
(2) The State Commission may spend such sums as it thinks fit for performing the functions under
Chapter V, and such sums shall be treated as expenditure payable out of the grants referred to in
sub-section (1).
34. Accounts and audit. —(1) The Commission shall maintain proper accounts and other relevant
records and prepare an annual statement of accounts in such form as may be prescribed by the Central
Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Commission shall be audited by the Comptroller and Auditor -General at
such intervals as may be specified by him and any expenditure incurred in connection with such audit
shall be payable by the Commission to the Comptroller and Auditor-General.
(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 ri ghts and privileges and the
authority in connection with such audit as the Comptr oller and Auditor-General generally has in
14
connection with the audit of Government accounts and, in particular , shall have the right to demand
the production of books, accounts, connected vouchers and other documents and papers and to
inspect any of the offices of the Commission.
(4) The accounts of the Commission, as certified by the Comptroller and Auditor -General or
any other person appointed by him in this behalf, together with the audit report thereon shall be
forwarded annually to the Central Government by the Commission and the Central Government shall
cause the audit report to be laid, as soon as may be after it is received, before each House of Parliament.
35. Accounts and audit of State Commission .—(1) The State Commission shall maintain
proper accounts and other relevant records and prepare an annual statement of accounts in such form as
may be prescribed by the State Government in consultation with the Comptroller and
Auditor-General of India.
(2) The accounts of the State Commission shall be audited by the Comptroller and Auditor-General
at such intervals as may be specified by him and any expenditure incurred in connection with such
audit shall be payable by the State Commission to the Comptroller and Auditor-General.
(3) The Comptroller and Auditor-General 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 Audi tor-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 Sta te 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 Commi ssion.—(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 sha ll 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
committed.
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 maExcerpt shown. Open the full act in Lexace.