NO.10 OF
1994.
An Act to provide for the constitution of a
National Human Rights Commission, State Human Rights Commission in
states and Human Rights Courts for better protection of human rights
and for matters connected therewith or incidental thereto.
BE
it enacted 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 list III in the Seventh
Schedule to the Constitution as applicable to that State.
(3)
It shall be deemed to a 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 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
1992.);
(i) "National Commission for the Scheduled Castes
and scheduled Tribes" means the National Commission for the
Scheduled Castes and scheduled Tribes referred to in article 338 of
the Constitution;
(j) "National Commission for Women" means
the National commission for Women constituted under section 3 of the
National Commission for women Act, 1990 (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 constricted under section 21.
(2) Any reference in
this act to a law, which is not in force in the State of Jammu and
Kashmir, shall in relation to that state, be construed as a
reference to a corresponding law, if any, in force in that
State.
CHAPTER
II
THE NATIONAL
HUMAN RIGHTS COMMISSION
3.Constitution of a National
Human Rights Commission.- (1) The Central Government shall
constitute a body to be known as the National Human Rights
Commission to exercise the powers conferred upon, and to perform the
functions assigned to, it under this Act.
(2) the commission
shall consist of-
(a) a Chairperson who has been a Chief
Justice of the Supreme Court;
(b) one Member who is, or has
been, a Judge of the Supreme e 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 Chairperson 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 the 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
Office of the Commission and shall exercise such powers and
discharge such functions of the Commission as it may delegate to
him.
(5) The headquarters of the Commission shall be at Delhi
and the Commission may, with the previous approval of the Central
Government, establish offices at other places in India.
4.Appointment of Chairperson
and other Members.- (1) The Chairperson and other Members shall
be appointed by the President by warrant under his hand and
seal:
Provided that every appointment under \this sub-section
shall be made after obtaining the recommendations of a Committee
consisting of-
(a) the Prime Minister
-chairperson.
(b) Speaker of the House of the people -
member;
(c) Minister in-charge of the Ministry of
Home
affairs in the Government of India -member;
(d) Leader of the
Opposition on in the
House of the People -member;
(e)
Leader of the Opposition in the
Council of States
-member
(f) Deputy Chairperson of the Council
of states
-member:
Provided further that no sitting Judge of the
Supreme Court or sitting 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.- (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 a accordance with the procedure prescribe din
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 erm of office in any paid employment outside the duties
of this officer; or
(c) is unfit to continue in office by
reason of infirmity of mind or body; or
(d) is of unsound
mind and stands o declared by a competent court; or
(e) is
convicted and sentenced to imprisonment for an offence which in the
opinion of the President involves moral turpitude.
6.Term of office of
Members.- (1) A person appointed as Chairperson shall hold
office for a term of five years from the date on which he enters
upon his office or until he attains the age of seventy years,
whichever is earlier.
(2) A person appointed as a Member
shall hold a office for a term of five years from the date on which
the enters upon his office and shall be eligible for re-appointment
for another term of five years;
Provided that no Member shall
hold office after he has attained the age of seventy
years.
(3) On ceasing to hold office, a Chairperson or a
Member shall be ineligible for further employment under the
Government of India or under the government of any state.
7.Members to act as Chairperson
or to discharge his functions in certain circumstances.- (1) In
the event of the occurrence of any vacancy in the office of the
Chairperson by reason of his death, resignation or otherwise, the
President may, by notification, authorise one of the Members to act
as the Chairperson until the appointment of a new Chairperson to
fill such vacancy.
(2) When the Chairperson is unable to
discharge his functions owing to absence on leave or otherwise, such
one of the Members as the President may, by notification, authorise
in this behalf, shall discharge the functions of the Chairperson
until the date on which the Chairperson resumes his
duties.
8.Terms and
conditions of service of Members.- The salaries and allowances
payable to ,and other terms and conditions of service of.The Members
shall be such as may be prescribed.
Provided that neither the
salary and allowances not the other terms and conditions of service
of s 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) The commission
shall regulate its own procedure.
(3) All orders and
decisions of the Commissions 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-
(a) an officer of the rank of the
Secretary to the Government of India who shall be the
Secretary-General of the Commission; and
(b) such police and
investigative staff under an officer not below the rank of a
Director General of Police and such other officers and staff as may
be necessary for the efficient performance of the functions of the
commission.
(2) Subject to such rules as may be made by the
Central Government in this behalf, the Commission may appoint such
other administrative, technical and scientific staff as it may
consider necessary.
(3) The salaries, allowances and
conditions of service of the officers and other staff appointed
under subs-section (2) shall be such as may be prescribed.
CHAPTER III
FUNCTIONS AND POWERS OF THE
COMMISSION
12.Functions of the
Commission.- The Commission shall perform all or any of the
following functions, namely:-
(a) inquire, suo motu or on a
petition presented to it by a victim or any person on his behalf,
into complaint of-
(i) violation of human rights or abatement
thereof; or
(ii) negligence in the prevention of such
violation, by a public servant;
(b) intervene in any
proceeding involving any allegation of violation of human rights
pending before a court with the approval of such court;
(c)
visit, under intimation to the State Government, any jail or any
other institution under the control of the state Government where
persons are detained or lodged for purposes of treatment,
reformation or protection to study the living conditions of the
inmates and make recommendations thereon.
(d) review the
safeguards provided by or under the Constitution or any law for the
time being in force for the protection of human rights and recommend
measures for their effective implementation;
(e) review the
factors, including acts of terrorism, that inhibit the enjoyment of
human rights and recommend appropriate remedial measures;
(f)
study treaties and other international instruments on human rights
and make recommendations for their effective
implementation;
(g) undertake and promote research in the
filed 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
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 particulars in respect to 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 of 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 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 nay document relating to the
subject matter of the inquiry may be found, and may seize any
document or take extracts or copies therefrom subject to he
provisions of section 100 of the Code of Criminal Procedure, 1973 (2
of 1974.), in or 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, 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.(2 of 1974.).
(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 civil court for all
the purposes of section 195 and Chapter XXVI of the Code of Criminal
Procedure, 1973 (2 of 1974).
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 service 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 officer.
(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
enquiry;
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 a 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 hear d 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 form 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 nor 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 an 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.- The Commission may take any of the following
steps upon the completion of an inquiry held under this act,
namely:-
(1) where the inquiry discloses, the commission of
violation of human rights or negligence in the prevention of
violation of human rights by a public servant, it may recommend to
the concerned Government or authority the initiation of proceedings
for prosecution or such other auction as the Commission may deem fit
against the concerned person or persons;
(2) approach the
Supreme Court or the High Court Concerned for such directions,
orders or writs as that court may deemed necessary;
(3)
recommend to the concerned Government or authority for the grant of
such immediate interim relief to the victim or the members of his
family as the commission may consider necessary;
(4) subject
to the provisions of clause (5) provide a copy of the inquiry report
to the petitioner or his representative;
(5) the Commission
shall send a copy of its inquiry report together with its
recommendations to the concerned Government or authority and the
concerned Government or authority shall, within a period of one
month, or such farther time as the commission may allow, forward its
comments on the report, including the action taken or proposed to be
taken thereon, to the Commission.
(6) the Commission shall
publish its inquiry report together with the comments of the
concerned Government or authority if any, and the action taken or
proposed to be taken by the concerned Government or authority on the
recommendations of the Commission.
19.Procedure with respect to
armed forces.- (1) Notwithstanding anything contained in this
act, while dealing with complaints of violation of human rights by
members of the armed forces, the commission shall adopt the
following procedure, namely:-
(a) it may, either on its own
motion or on receipt of a petition, seek a report form the Central
Government;
(b) after the receipt of the report, it may,
either not proceed with the complaist 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 a may at any time submit special reports on any matter
which, in its opinion, is of such urgency or importance that it
should not be deferred till submission of the annual
report.
(2) The Central Government and the State Government
as the case may be shall cause the annual and special reports of the
commission to be laid before each House of Parliament or the state
Legislature respectively, as the case may be, along with a
memorandum of action taken or proposed to be taken on the
recommendations of the commission and the reasons for non-acceptance
of the recommendations, if any.
CHAPTER V
STATE HUMAN
RIGHTS COMMISSIONS
21.Constitution of State Human Rights
Commissions.- (1) A State Government may constitute a body to be
known as the …………………..(name of the State) Human Rights Commission to
exercise the powers conferred upon, and to perform the functions
assigned to, a State Commission under this Chapter.
(2) The
State Commission shall consist of-
(a) A Chairperson who has
been a Chief Justice of a High Court;
(b) one Member who is,
or has bee, 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 maters relatable
to any of the entries enumerated in List II List III in the Seventh
Schedule to the Constitution:
Provided that if any such
matter is already being inquire into by the commission or any other
commission duly constituted under any law for he time bring 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 he Constitution as applicable to the state
of Jammu and Kashmir and in respect of matters in relation to which
the Legislature of that state has power to make laws" had been
substituted.
22.Appointment of Chairperson
and other Members of State Commission.- (1) The Chairperson and
other Members shall be appointed by the Governor by warrant under
his hand and seal:
Provided that every appointment under this
sub-section shall be made after obtaining the recommendation of a
Committee consisting of-
(a) the Chief Minister
-chairperson;
(b) Speaker of the Legislative Assembly
-member.
(c) Ministers in-charge of the Department
of Home
in that State -member;
(d) Leader of the Opposition in
the
legislative Assembly - member
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 not
sitting Judge of a High court or a sitting district judge shall be
appointed except after consultation with the Chief Justice of the
High court of the concerned State.
(2) No appointment of a
Chairperson or a Member of the State Commission shall be invalid
merely by reason of any vacancy in the committee.
23.Removal of a Member of the
State Commission.- (1) Subject to the provisions of sub-section
(2), the Chairperson or nay other Member of the State Government
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 he 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 nay
other Member if the Chairperson or such other Member, as the case
may be,-
(a) is adjudged an insolvent; or
(b) engages
during his term of office in any paid employment outside the duties
of his office; or
(c) is unfit to continue in office by
reason of infirmity of mind or body; or
(d) is of unsound
mind and stands so declared by a competent court; or
(e) is
convicted and sentenced to imprisonment for an offence which in the
opinion of the President involves moral turpitude;
24.Term of office of Members of
the state Commission.- (1) A person appointed as Chairperson
shall hold office for a term of five years from the date on which he
enters upon his office or until he attains the age of seventy years,
whichever is earlier.
(2) A person appointed as a Member
shall hold office for a term of five years from the date on which he
enters upon his office and shall be eligible for re-appointment for
another term of five years:
(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
Government may, by notification, authorise in this behalf, shall
discharge the functions of the Chairperson until the date on which
the chairperson resumes his duties.
26.Terms and conditions of
service of Members of the state Commission.-The salaries and
allowances payable to, and other terms and conditions of service of,
the Members shall be such as may be prescribed by the State
Government:
Provided that neither the salary and allowance
nor the other terms and conditions of service of a Member shall be
varied to his disadvantage after his appointment.
27.Officers and other staff of
the State Commission.- (1) The State Government shall make
available to the Commission-
(a) an officer not below the
rank of a Secretary to the state Government who shall be the
Secretary of the State Commission; and
(b) such police and
investigative staff under an officer not below the rank of an
Inspect or 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 considers 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, 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.Applications of certain
provisions relating to National Human Rights Commission to State
Commission.- 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 constructed as references to
"State Commission";
(b) in section 10, in sub-section (3),
for he word :Secretary-General," the word "Secretary" shall be
substituted;
(c) in section 12 clause (f)m shall be
omitted;
(d) in section 17, in clause (I), the orders
"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-
(a) a Court of session is already specified as
special court; or
(b) a special court is already
constituted,
for such offences under any other law of 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 a 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 it being utilised for he purpose 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 the due
appropriation made by Legislature by law in this behalf a pay to the
State Commission by way of grants such sums of money as the State
Government may think fir 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 an 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 , s 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 ins 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 nay person appointed by him in connection with
the audit of the accounts of the State Commission under this ac
shall have the same rights and privileges and the authority in
connection with such audit as the comptroller and Auditor-General
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 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 there 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.
Comment: "The power and
jurisdiction of this Court under Article 32 of the Constitution
cannot be curtailed by any statutory limitation, including those
contained in Section 36(2) of the Act. If this Court can exercise
that power unaffected by the prohibition contained in Section 36(2),
there is no reason why the Commission, at the request of this Court,
cannot investigate or look into the violations of human rights even
though the period of limitation indicated in Section 36 (2) might
have expired. In such a situation, the Commission will not be
affected by the bar contained in Section 36(2) and it will be well
within its rights to investigate the matter referred to it by this
Court." Paramjit Kaur, Petitioner v.
State of Punjab AIR 1999 SUPREME COURT 340
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 rising to 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 one or intended to be done in pursuance of this act or
of any rules or any order made thereunder or in respect of the
publication by or under the authority of the Central Government,
State Government, Commission or the State commission of any report,
paper or proceedings.
39.Members and officers to be
public servants.- Every member of the Commission, State
Commission and every officer appointed or authorised by the
Commission or the State Commission to exercise functions under this
act shall be deemed to be a public servant within the meaning of
section 21 of the Indian Penal Code.
40.Power of Central Government
to make rules.- (1) The Central Government may, by notification,
make rules to carry out the provisions of this act.
(2) In
particulars 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,
e 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 prescribe 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 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 rule.
41.Power of State Government to
make rules.- (1) The state Government may, by notification, make
rules to carry out the provisions of this act.
(2) In
particular and without prejudice to the generality of the 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;
(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 consist of two Houses, or where such Legislature consist of one
House, before that House.
42.Power to remove
difficulties.- (1) If any difficulty arises in giving effect to
the provisions of the is 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.