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:-
CHAP
PRELIMINARY
CHAPTER I
PRELIMINARY
1.
Short title, extend and commencement.
1.Short title, extend 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.
2
(3) It shall be deemed to have come into force on the 28th day
of September, 1993.
2.
Definition.
2. Definition.- (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 rights" means the rights relating to life, liberty,
equality and dignity of the individual guaranteed by the
Constitution or embodied in the International Covenants and
enforceable by courts in India;
(e) "Human Rights Court" means the Human Rights Court
specified under section 30;
(f) "International Covenants" means the International
Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights adopted by
the General Assembly of the United Nations on the 16th
December, 1966;
(g) "Member" means a Member of the Commission or of the
State Commission, as the case may be, and includes the
Chairperson;
(h) "National Commission for Minorities" means the National
Commission for Minorities constituted under section 3 of the
National Commission for Minorities Act, 1992 (19 of 1962);
(i) "National Commission for the Scheduled Castes and Sche-
duled Tribes" means the National Commission for the Scheduled
Castes and Scheduled Tribes referred to in article 338 of the
Constitution;
(j) "National Commission for Women" means the National
Commission for Women constituted under section 3 of the
National Commission for Women Act, 1990 (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 Commis-
sion 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.
CHAP
THE NATIONAL HUMAN RIGHTS COMMISSION
CHAPTER II
THE NATIONAL HUMAN RIGHTS COMMISSION
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Constitution of a National Human Rights Commission.
3. Constitution of a National Human Rights Commission.- (1) The
Central Government shall constitute a body to be known as the National
Human Rights Commission to exercise the powers conferred upon, and to
perform the functions assigned to, it under this Act.
(2) The Commission shall consist of-
(a) a Chairperson who has been a Chief Justice of the
Supreme Court;
(b) one Member who is, or has been, a Judge of the Supreme
Court;
(c) one Member who is, or has been, the Chief Justice of a
High Court;
(d) two Members to be appointed from amongst persons having
knowledge of, or practical experience in, matters relating to
human rights.
(3) The Chairpersons of the National Commission for Minorities,
the National Commission for the Scheduled Castes and Scheduled Tribes
and the National Commission for Women shall be deemed to be Members of
the Commission for the discharge of functions specified in clauses (b)
to (j) of section 12.
(4). There shall be a Secretary-General who shall be the Chief
Executive Officer of the Commission and shall exercise such powers and
discharge such functions of the Commission as it may delegate to him.
(5) The headquarters of the Commission shall be at Delhi and the
Commission may, with the previous approval of the Central Government,
establish offices at other places in India.
4.
Appointment of Chairperson and other Members.
4. Appointment of Chairperson and other Members.- (1) The
Chairperson and other Members shall be appointed by the President by
warrant under his hand and seal.
Provided that every appointment under this sub-section shall be
made after obtaining the recommendations of a Committee consisting of-
(a) the Prime Minister --chairperson;
(b) Speaker of the House of the People --member;
(c) Minister-in-charge of the Ministry of --member;
Home Affairs in the Government of India
(d) Leader of the Opposition in the --member;
House of the People
(e) Leader of the Opposition in the --member;
Council of States
(f) Deputy Chairman of the Council --member;
of States
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 vacancy in the Committee.
5.
Removal of a Member of the Commission.
5. Removal of a Member of the Commission.- (1) Subject to the
provisions of sub-section (2), the Chairperson or any other Member of
the Commission shall only be removed from his office by order of the
President on the ground of proved 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 such
other Member, as the case may be, ought on any such ground to be
removed.
(2) Notwithstanding anything in sub-section (1), the President
way by order remove from office the Chairperson or any other Member if
the Chairperson or such other Member, as the case may be,--
(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid
employment outside the duties of his office; or
(c) is unfit to continue in office by reason of infirmity
of mind or body; or
(d) is of unsound mind and stands so declared by a
competent court; or
(e) is convicted and sentenced to imprisonment for an
offence which in the opinion of the President involves
moral turpitude.
6.
Term of office of Members.
6. Term of office of Members.- (1) A person appointed as
Chairperson shall hold office for a term of five years from the date
on which he enters upon his office or until he attains the age of
seventy years, whichever is earlier.
(2) A person appointed as a Member shall hold office for a term
of five years from the date on which he enters upon his office and
shall be eligible for reappointment for another term of five years:
Provided that no Member shall hold office after he has attained
the age of seventy years.
(3) On ceasing to hold office, a Chairperson or a Member, shall
be ineligible for further employment under the Government of India or
under the Government of any State.
7.
Member to act as Chairperson or to discharge his functions in
certaincircumstances.
7. Member to act as Chairperson or to discharge his functions in
certain circumstances.- (1) In the event of the occurrence of any
vacancy in the office of the Chairperson by reason of his death,
resignation or otherwise, the President may, by notification,
authorise one of the Members to act as the Chairperson until the
appointment of a new Chairperson to fill such vacancy.
(2) When the Chairperson is unable to discharge his functions owing
to absence on leave or otherwise, such one of the Members as the
President may, by notification, authorise in this behalf, shall
discharge the functions of the Chairperson until the date on which the
Chairperson resumes his duties.
8.
Terms and conditions of service of Members.
8. Terms and conditions of service of Members.- The salaries and
allowances payable to, and other terms and conditions of service of
the Members shall be such as may be prescribed:
Provided that neither the salary and allowances nor the other
terms and condition, of service of a Member shall be varied to his
disadvantage after his appointment.
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9.
Vacancies, etc., not to invalidate the proceedings of the Commission.
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.
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) The Commission shall regulate 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.
Offices and other staff of the Commission.
11. Offices and other staff of the Commission.- (1) The Central
Government shall make available to the Commission-
(a) an officer Of the rank of the Secretary to the Government
of India who shall be the Secretary-General of the
Commission; and
(b) such police and investigative staff under an officer
not below the rank of a Director General of Police and such
other officers no 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.
CHAP
FUNCTIONS AND POWERS OF THE COMMISSION
CHAPTER III
FUNCTIONS AND POWERS OF THE COMMISSION
12.
Functions of the Commission.
12. Functions of the Commission.- The Commission shall perform all
or any of the following functions, namely:-
(a) inquire, suo motu or on a petition presented to it by a
victim or any person on his behalf, into complaint of-
(i) violation of human rights or abetment thereof; or
(ii) negligence in the prevention of such violation, by
a public servant;
(b) intervene in any proceeding involving any allegation of
violation of human rights pending before a court with the
approval of such court;
(c) visit, under intimation to the State Government, any
jail or any other institution under the control of the State
Government, where Demons are detained or lodged for purposes
of treatment, reformation or protection to study the living
conditions of the inmates and make recommendations thereon;
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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 other international instruments on
human rights and make recommendations for their effective
implementation;
(g) undertake and promote research in the field of human
rights;
(h) spread human rights literacy among various sections, of
society and promote awareness of the safeguards available for
the protection of these rights through publications, the
media, seminars and other available means;
(i) encourage the efforts of non-governmental organisations
and institutions working in the field of human rights;
(j) such other functions as it may consider necessary for
the promotion of human rights.
13.
Powers relating to inquiries.
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:-
(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 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.
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(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 section, 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).
14.
Investigation.
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.
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;
8
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.
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.
CHAP
PROCEDURE:
CHAPTER IV
PROCEDURE
17.
Inquiry into complaints.
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.
18.
Steps after inquiry.
18. Steps after inquiry.- The Commission may take any of the
following steps upon the completion of an inquiry held under this Act,
namely-
(1) where the inquiry discloses, the commission of violation of
human rights or negligence in the prevention of violation of human
rights by a public servant, it may recommend to the concerned Gov-
ernment or authority the initiation of proceedings for prosecution or
such other action as the Commission may deem fit against the concerned
person or persons;
9
(2) approach the Supreme Court or the High Court concerned for
such directions, orders or writs as that Court may deem necessary;
(3) recommend to the concerned Government or authority for the
grant of such immediate interim relief to the victim or the members of
his family as the Commission may consider necessary;
(4) subject to the provisions of clause (5) provide a copy of
the inquiry report to the petitioner or his representative;
(5) the Commission shall send a copy of its inquiry report
together with it's recommendations to the concerned Government or
authority and the concerned Government or authority shall, within a
period of one month, or such further time as the Commission may allow,
forward its comments on the report, including the action taken or
proposed to be taken thereon, to the Commission;
(6) the Commission shall publish its inquiry report together
with the comments of the concerned Government or authority, if any,
and the action taken or proposed to be taken by the concerned
Government or authority on the recommendations of the Commission.
19.
Procedure with respect to armed forces.
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 cage 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.
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.
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CHAP
STATE HUMAN RIGHTS COMMISSIONS
CHAPTER V
STATE HUMAN RIGHTS COMMISSIONS
21.
Constitution of State Human Rights Commission.
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.
(2) The State Commission shall consist of-
(a) a Chairperson who has been a Chief Justice of a High
Court;
(b) one Member who is, or has been, a Judge of a High
Court;
(c) one Member who is, or has been, a district judge in
that State,
(d) two members to be appointed from amongst persons having
knowledge of, or practical experience in, matters relating to
human rights.
(3) There shall be a Secretary who shall be the Chief Executive
Officer of the State Commission and shall exercise such powers and
discharge such functions of the State Commission as it may delegate to
him.
(4) The headquarters of the State Commission shall be at such
place as the State Government may, by notification, specify.
(5) A State Commission may inquire into violation of human
rights only in respect of matters relatable to any of the entries
enumerated in List II and List III in the Seventh Schedule to the
Constitution:
Provided that if any such matter is already being inquired into
by the Commission or any other Commission duly constituted under any
law for the time being in force, the State Commission shall not
inquire into the said matter:
Provided further that in relation to the Jammu and Kashmir Human
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 which the Legislature of that
State has power to make laws" had been substituted.
22.
Appointment of Chairperson and other Members of State Commission.
22. Appointment of Chairperson and other Members of State
Commission.- (1) The Chairperson and other Members shall be appointed
by the Governor by warrant under his hand and seal:
Provided that every appointment under this sub-section shall be
made after obtaining the recommendation of a Committee consisting of
(a) the Chief Minister --chairperson;
(b) Speaker of the Legislative Assembly - member;
(c) Minister in-charge of the Department - member;
of Home in that State
(d) Leader of the Opposition in the -member:
Legislative Assembly
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Provided further that where there is a Legislative Council in a
State, the Chairman of that Council and the Leader of the Opposition
in that Council shall also be members of the Committee:
Provided also that no sitting Judge of a High Court or a sitting
district judge shall be appointed except after consultation with the
Chief Justice of the High Court of the concerned State.
(2) No appointment of a Chairperson or a Member of the State
Commission shall be invalid merely by reason of any vacancy in the
Committee.
23.
Removal of a Member of the State Commission.
23. Removal of a Member of the State Commission.- (1) Subject to
the provisions of sub-section (2), the Chairperson or, any other
Member of the State Commission shall only be removed from his office
by order of the President on the ground of proved misbehaviour or
incapacity after the Supreme Court, on a reference being made to it by
the President, has, on inquiry held in accordance with the procedure
prescribed in that behalf by the Supreme Court, reported that the
Chairperson or such other Member, as the case may be ought on any
such ground to be removed.
(2) Notwithstanding anything in sub-section (1), the President
may by order remove from office the Chairperson or any other Member if
the Chairperson or such other Member, as the case may be,-
(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid employment
outside the duties of his office; or
(c) is unfit to continue in office by reason of infirmity
of mind or body; or
(d) is of unsound mind and stands so declared by a
competent court; or
(e) is convicted and sentenced to imprisonment for an
offence which in the opinion of the President involves moral
turpitude,
24.
Term of office of Members of the State Commission.
24. Term of office of Members of the State Commission.- (1) A
person appointed as Chairperson shall hold office for a term of five
years from the date on which he enters upon his office or until he
attains the age of seventy years, whichever is earlier.
(2) A person appointed as a Member shall hold office for a term
of five years from the date on which he enters upon his office and
shall be eligible for reappointment for another term of five years:
Provided that no Member shall hold office after he has attained
the age of seventy years.
(3) On ceasing to hold office, a Chairperson or a Member shall
be ineligible for further employment under the Government of a State
or under the Government of India.
25.
Member to act as Chairperson or to discharge his functions in
certaincircumstances.
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
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the functions of the Chairperson until the date on which the
Chairperson resumes his duties.
26.
Terms and conditions of service of Members of the State Commission.
26. Terms and conditions of service of Members of the State
Commission. The salaries and allowances payable to, and other term
anal conditions of service of, the Members shall be such as may be
prescribed by the State Government:
Provided that neither the salary and allowances nor the other
terms and conditions of service of a Member shall be varied to his
disadvantage after his appointment.
27.
Offices and other staff of the State Commission.
27. Offices and other staff of the State Commission.- (1) The
State Government shall make available to the Commission-
(a) an officer not below the rank of a Secretary to the State
Government who shall be the Secretary of the State
Commission; and
(b) such police and investigative staff under an officer
not below the rank of an Inspector General of Police and such
other officers and staff as may be necessary for the
efficient performance of the functions of the State
Commission.
(2) Subject to such rules as may be made by the State Government
in this behalf, the State Commission may appoint such other adminis-
trative, 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 (22) shall be
such as may be prescribed by the State Government.
28.
Annual and special reports of State Commission.
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 recommenda-
tions, if any.
29.
Application of certain provisions relating to National Human
RightsCommission to State Commissions.
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:-
(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.
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CHAPTER VI
HUMAN RIGHTS COURTS
30.
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-
(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.
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.
CHAP
FINANCE, ACCOUNTS AND AUDIT
CHAPTER VII
FINANCE, ACCOUNTS AND AUDIT
32.
Grants by the Central Government.
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 being utilised for the purposes
of this Act.
(2) The Commission may spend such sums as it thinks fit for per-
forming 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.
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.
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
14
under this Act shall have the same rights and privileges and the au-
thority 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.
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 Com-
mission 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 Govern-
ment 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.
CHAP
MISCELLANEOUS
CHAPTER VIII
MISCELLANEOUS
36.
Matters not subject to jurisdiction of the Commission.
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.
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.
15
38.
Protection of action taken in good faith.
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.
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.
40. Power of Central Government to make rules.- (1) The Central
Government may, by notification, make rules to carry out the
provisions of this Act.
(2) In particular and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:-
(a) the salaries and allowances and other terms and
conditions of service of the Members under section 8;
(b) the conditions subject to which other administrative,
technical and scientific staff may be appointed by the
Commission and the salaries and allowances of officers and
other staff under sub-section (3) of section 11;
(c) any other power of a civil court required to be
prescribed under clause (f) of sub-section (1) of section 13;
(d) the form in which the annual statement of accounts is
to be prepared by the Commission under sub-section (1) of
section 34; and
(e) any other matter which has to be, or may be,
prescribed.
(3) Every rule made under this Act shall be laid, as soon as may
be after it is made, before each House of Parliament, while it is in
session, for a total period of thirty days which may be comprised in
one session or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the succes-
sive sessions aforesaid, both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the
rule shall thereafter have effect only in such modified form or be of
no effect, as the case may be; so, however, that any such modification
or annulment shall be without prejudice to the validity of anything
previously done under that rule.
41.
Power of State Government to make rules.
41. Power of State Government to make rules.- (1) The State
Government may, by notification, make rules to carry, out the
provisions of this Act.
(2) In particular and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:
(a) the salaries and allowances and other terms and
conditions of service of the Members under section 26;
16
(b) the conditions subject to which other administrative,
technical and scientific staff may be appointed by the
State Commission and the salaries and allowances of officers
and other staff under sub-section (3) of section 27;
(c) the form in which the annual statement of accounts is
to be prepared under sub-section (1) of section 35.
(3) Every rule made by the State Government under this section
shall be laid, as soon as may be after it is made, before each House
of the State Legislature where it consists of two Houses, or where
such Legislature consists of one House, before that House.
42.
Power to remove difficulties.
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.
43. Repeal and savings.- (1) The Protection of Human Rights
Ordinance, 1993 is (Ord. 30 of 1993) 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.
K. L. MOHANPURIA,
Secy to the Govt. of India.
