Sections Particulars
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.that it shall apply to the State of Jammu and Kashm...
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 th...
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 ...
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:that every appointment under \this sub-section ...
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...
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...
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 n...
8 Terms and conditions of service of Member
The salaries and allowances payable to ,and other terms and conditions of service of. The Members shall be such as may be prescribed.that neither the salary ...
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 consti...
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...
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 Sec...
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 ...
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 Procedu...
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 agenc...
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 ...
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 reputat...
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 St...
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 commi...
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...
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...
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, a...
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:that every appointment under this sub-section sh...
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 offic...
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...
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 ...
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:t...
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 Sec...
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...
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 modificatio...
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 J...
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 ...
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...
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 sum...
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 b...
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 prescr...
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 th...
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...
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 p...
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 u...
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 generali...
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 ...
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 s...
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 ...
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