THE PROTECTION OF HUMAN RIGHTS ACT, 1993

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:

        ^[1]*                           *                                  *                                  *                           *

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,—

1. “armed forces” means the naval, military and  air forces  and includes any other armed forces of the Union; 

2. “Chairperson” means the Chairperson of the Commission or of the State Commission, as the case may be; 

^[2][(ba) “Chief Commissioner” means the Chief Commissioner for Persons with Disabilities referred to in sub-section (1) of section 74 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016);]

3. “Commission” means the National Human Rights Commission constituted under section 3;      

4. “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;

5. “Human Rights Court” means the Human Rights Court specified under section 30;

^[3][(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 and such other Covenant or Convention adopted by the General Assembly of the United Nations as the Central Government may, by notification, specify;]

^[4][(g) “Member” means a Member of the Commission or of the State Commission, as the case may be;] ²[(ga) “National Commission for Backward Classes” means the National Commission for Backward Classes constituted under section 3 of the National Commission for Backward Classes Act, 1993 (27 of 1993);]

(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);

^[5][(ha) “National Commission for Protection of Child Rights” means the National Commission for

Protection of Child Rights constituted under section 3 of the Commissions for Protection of Child Rights Act, 2005 (4 of 2006);]

^[6][(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 Scheduled Tribes” means the National Commission for the

Scheduled Tribes referred to in article 338A of the Constitution;]

10. “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);

11. “notification” means a notification published in the Official Gazette;

50. “prescribed” means prescribed by rules made under  this Act; 

1000. “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 corresponding law, if any, in force in that State.

STATE AMENDMENT

Ladakh (UT).—

Section 2.—Omit sub-section (2).

[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).]

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—

   1. a Chairperson  who  has been a ^[7][Chief  Justice of India or a Judge]  of  the Supreme Court;

   2. one Member who is, or has been, a Judge of the  Supreme Court; 

   3. one Member who is, or has been, the Chief Justice of a  High Court;

   4. ^[8][three Members out of which at least one shall be a woman] to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to  human rights.

3. The Chairpersons of the ^[9][the National Commission for Backward Classes, the National Commission for Minorities, the National Commission for Protection of Child Rights], ^[10][the National Commission for the Scheduled Castes, the National Commission for the Scheduled Tribes] and the ^[11][the National Commission for Women and the Chief Commissioner for Persons with Disabilities] 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 ^[12][shall, subject to control of the Chairperson, exercise all administrative and financial powers (except judicial functions and the power to make regulations under section 40B)].

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 ^[13][the Members] shall be appointed by the President by warrant under his hand and seal:

Provided that every appointment under this sub-section shall be made 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 consultation with the Chief Justice of India.

(2)  No appointment of a Chairperson or a Member shall be invalid merely by reason of any            ^[14][vacancy of any member in the Committee referred to in the first proviso to sub-section (1)].

^[15][5. Resignation and removal of Chairperson and Members.—(1) The Chairperson or any Member may, by notice in writing under his hand addressed to the President of India, resign his office.

2. Subject to the provisions of sub-section (3), the Chairperson or any Member shall only be removed from his office by order of the President of India on the ground of proved misbehaviour or incapacity after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf by the Supreme Court, reported that the Chairperson or the Member, as the case may be, ought on any such ground to be removed.

3. Notwithstanding anything in sub-section (2), the President may, by order, remove from office the

Chairperson or any Member if the Chairperson or such Member, as the case may be,—

1. 1. is adjudged an insolvent; or

   2. engages during  his  term   of  office  in  any   paid  employment outside the duties of his office; or 

   3. is  unfit to continue in office by reason of  infirmity of mind or body; or

   4. is of unsound mind and stands so declared  by a competent court; or 

   5. is convicted and sentenced to imprisonment for an offence which in the opinion of the President involves moral turpitude.]

^[16][6. Term of office of Chairperson and Members.—(1)  A person appointed as Chairperson  shall hold office for a term of ^[17][three years] from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier ^[18][and shall be eligible for re-appointment].

2. A person appointed as a Member shall hold office for a term of ²[three years] from the date on which he enters upon his office and shall be eligible for re-appointment ^[19]***:

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.

^[20][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 conditions 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.

^[21][(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.  Officers and other staff of the Commission.—(1) The Central Government shall make available to the Commission—

1. an officer of the rank of the Secretary to the Government of   India  who  shall  be  the  Secretary-General   of   the   Commission; and

2. 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:—

    1. inquire, suo motu or on a petition presented to it by a victim or any person on his behalf  ^[22][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; 

1. 2. intervene in any proceeding involving any allegation of  violation  of  human rights pending before a court  with  the approval of such court;

^[23][(c) visit, notwithstanding anything contained in any other law for the time being in force, any jail or other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection, for the study of the living conditions of the inmates thereof and make recommendations thereon to the Government;]

12. 4. 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;

    5. review the factors, including acts of terrorism,  that  inhibit   the  enjoyment  of  human  rights   and   recommend appropriate remedial measures;

    6. study treaties and other international instruments on human  rights  and make recommendations for  their  effective implementation;

    7. undertake and promote research in the field  of  human rights;

    8. 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;

    1. encourage the efforts of non-governmental organisations  and institutions working in the field of human rights;

    10. such other functions as it may consider necessary  for the promotion 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 (5 of 1908),  and in  particular  in respect of the following matters, namely:—

    1. summoning and enforcing the attendance of witnesses and examining them on oath;

    2. discovery and production of any document;

    3. receiving evidence on affidavits;

    4. requisitioning  any public record or copy thereof  from  any court or office;

    5. 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 (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 to 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 Indian Penal Code                    

(45 of 1860) 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 (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).

^[24][(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,—

2. 1. summon  and  enforce the attendance of any  person  and examine him;

   2. require  the discovery and production of any  document; and

   3. 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—

    1. 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—

1. 1. considers it necessary to inquire into the conduct  of any person; or 

   2. 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—

1. 1. 1. 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;

      2. 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.

^[25][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:—

1. 2. 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—

      1. 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;

      2. 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;

   3. approach the Supreme Court or the High Court concerned for such directions, orders or writs as that Court may deem necessary;

   4. 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;

   5. subject to the provisions of clause (e), provide a copy of the inquiry report to the petitioner or his representative;

   6. 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;

   7. 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:—

1. 1. it may,  either on its own motion or on receipt  of  a petition, seek a report from the Central

Government;

1. 2. 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 Commission.—(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.

^[26][(2) The State Commission shall, with effect from such date as the State Government may by notification specify, consist of—

2. 1. a Chairperson who has been a ^[27][Chief Justice or a Judge] of a High Court;

   2. 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;

   3. one Member to be appointed from among persons having knowledge of or practical experience in matters relating to human rights.]

3. There shall be a Secretary who shall be the Chief Executive Officer of the State Commission and

^[28][shall, subject to control of the Chairperson, exercise all administrative and financial powers of the State Commission].

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 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:

       ^[29]*                          *                                  *                                  *                           *

 ^[30][(6) Two or more State Governments may, with the consent of a Chairperson or Member of a State Commission, appoint such Chairperson or, as the case may be, such Member of another State Commission simultaneously if such Chairperson or Member consents to such appointment:

Provided that every appointment made under this sub-section shall be made after obtaining the recommendations of the Committee referred to in 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.]

^[31][(7) Subject to the provisions of section 12, the Central Government may, by order, confer upon the State Commission the functions relating to human rights being discharged by the Union territories, ^[32][33][other than Union territory of Delhi, Union territory of Jammu and Kashmir and Union territory of Ladakh].

(8) The functions relating to human rights in case of ^[34][Union territory of Delhi, Union territory of Jammu and Kashmir and Union territory of Ladakh] shall be dealt with by the Commission.]

22. Appointment of   Chairperson and ^[35][Members] of State Commission.—(1) The Chairperson and ⁷[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—

1. the Chief Minister                                                             —chairperson;

2. Speaker of the Legislative Assembly                                                                  —member;

3. Minister in-charge of the Department                                                                            —member; of Home in that State

4. 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 ^[36][any vacancy of any Member in the Committee referred to in sub-section (1)].

^[37][23. Resignation and Removal of Chairperson or a Member of the State Commission].—^[38][(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 President on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf by the Supreme Court, reported that the Chairperson or such Member, as the case may be, ought on any such ground to be removed.]

 (2)  Notwithstanding anything in ^[39][sub-section (1A)] the President may by order remove from office the Chairperson or any ^[40][Member] if the Chairperson or such ⁵[Member], as the case may be,—

1. is adjudged an insolvent; or

2. engages during his term of office in any paid  employment outside the duties of his office; or

3. is  unfit to continue in office by reason of  infirmity of mind or body; or

4. is  of  unsound  mind  and  stands  so  declared  by  a  competent court; or

5. is  convicted  and  sentenced to  imprisonment  for  an offence which in the opinion of the President involves  moral  turpitude.

^[41][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 ^[42][three years] from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier ^[43][and shall be eligible for re-appointment].

2. A person appointed as a Member shall hold office for a term of ⁷[three years] from the date on which he enters upon his office and shall be eligible for re-appointment ^[44]***:

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 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.

^[45][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.  Officers and other staff of the State Commission.—(1) The State Government shall make available to the Commission— 

1. an officer not below the rank of a Secretary to the State Government   who  shall  be  the  Secretary  of   the   State  Commission; and

2. 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 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 urgency or importance that  it  should  not  be deferred till submission of the annual report.

(2)  The  State  Government shall cause the  annual  and  special reports of the State Commission to be laid before each House of  State Legislature where it consists of two Houses, or where such Legislature consists  of one House, before that House along with a  memorandum  of action  taken  or proposed to be taken on the recommendations  of  the State Commission and the reasons for non-acceptance of the recommendations, if any.

29. Application of certain provisions 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:—

1. 1. references to  “Commission” shall  be  construed   as    references to “State Commission”;

   2. in  section  10,  in  sub-section  (3),  for  the  word “Secretary-General”,   the  word  

“Secretary” shall   be   substituted;

1. 3. in section 12, clause (f) shall be omitted;

   4. 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 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—

30. 1. a  Court of Session is already specified as  a  special  court; or

    2. 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 Comptroller and Auditor-General of India.

2. The accounts of the Commission shall be audited by the Comptroller and Auditor-General at  such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Commission to the Comptroller  and Auditor-General.

3. The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Commission under  this Act shall have the same rights and privileges and the  authority  in  connection  with  such  audit  as  the  Comptroller   and Auditor-General  generally  has  in  connection  with  the  audit  of 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 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 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 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 (45 of 1860).

40. Power of Central Government to make rules.—(1) The  Central Government  may,  by  notification,  make  rules  to  carry  out   the provisions of this Act.

2. In particular and without prejudice to the generality of the foregoing  power,  such  rules  may provide for  all  or  any  of  the following matters, namely:—

   1. the salaries and allowances  and  other  terms   and   conditions of service of the ^[46][Chairperson and Members] under section 8;

   2. 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;

   3. any  other  power  of  a civil  court  required  to  be  prescribed under clause (f) of                     sub-section (1) of section 13;

   4. the  form in which the annual statement of accounts  is to  be  prepared by the Commission under sub-section  (1)  of  section 34; and

   5. 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.

^[47][40A. Power to make rules retrospectively.—The power to make rules under clause (b) of           sub-section (2) of section 40 shall include the power to make such rules or any of them retrospectively from a date not earlier than the date on which this Act received the assent of the President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the interests of any person to whom such rule may be applicable.]

^[48][40B. Power of Commission to make regulations.—(1) Subject to the provisions of this Act and the rules made thereunder, the Commission may, with the previous approval of the Central Government, by notification, make regulations to carry out the provisions of this Act.

2. In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—

(a) the procedure to be followed by the Commission under sub-section (2) of section 10; (b) the returns and statistics to be furnished by the State Commissions; (c) any other matter which has to be, or may be, specified by regulations.

3. Every regulation made by the Commission under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.]

      41.  Power  of  State Government to make  rules.—(1)  The  State Government  may,  by  notification,  make  rules  to  carry out  the provisions of this Act.

2. In particular and without prejudice to the generality of the  foregoing  power,  such  rules  may provide for  all  or  any  of  the following matters, namely:—

   1. the salaries  and  allowances  and  other  terms   and  conditions of service of ^[49][the Chairperson and Members] under section 26;

   2. 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;

   3. 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 expiry of the period of two years from the date of commencement of this Act.

(2)  Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.

43.  Repeal and savings.—(1) The Protection of Human Rights Ordinance, 1993 (Ord. 30 of 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.