THE PROTECTION OF HUMAN RIGHTS ACT, 1993 
_________ 

ARRANGEMENT OF SECTIONS 
__________ 

CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 

CHAPTER II 

THE NATIONAL HUMAN RIGHTS COMMISSION 

3.  Constitution of a National Human Rights Commission. 
4.  Appointment of Chairperson and other Members. 
5.  Resignation and removal of Chairperson and Members.  
6.  Term of office of Chairperson and Members. 
7.  Member to act as Chairperson or to discharge his functions in certain circumstances. 
8.  Terms and conditions of service of Chairperson and Members. 
9.  Vacancies, etc., not to invalidate the proceedings of the Commission. 
10.  Procedure to be regulated by the Commission. 
11.  Officers and other staff of the Commission. 

CHAPTER III 

FUNCTIONS AND POWERS OF THE COMMISSION 

12.  Functions of the Commission. 
13.  Powers relating to inquiries. 
14.  Investigation. 
15.  Statement made by persons to the Commission. 
16.  Persons likely to be prejudicially affected to be heard. 

CHAPTER IV 

PROCEDURE 

17.  Inquiry into complaints. 
18.  Steps during and after inquiry. 
19.  Procedure with respect to armed forces. 
20.  Annual and special reports of the Commission. 

CHAPTER V 

STATE HUMAN RIGHTS COMMISSIONS 

21.  Constitution of State Human Rights Commissions. 
22.  Appointment of Chairperson and other Members of State Commission. 
23.  Resignation and Removal of a Chairperson or a Member of the State Commission. 
24.  Term of office of Chairperson and Members of the State Commission. 

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 SECTIONS 

25.  Member to act as Chairperson or to discharge his functions in certain circumstances. 
26.  Terms and conditions of service of Chairperson and Members of State Commission. 
27.  Officers and other staff of the State Commission. 
28.  Annual and special reports of State Commission. 
29.  Application of certain provisions relating to National Human Rights Commission to State 

Commissions. 

30.  Human Rights Courts. 
31.  Special Public Prosecutor. 

CHAPTER VI 

HUMAN RIGHTS COURTS 

CHAPTER VII 

FINANCE, ACCOUNTS AND AUDIT 

32.  Grants by the Central Government. 
33.  Grants by the State Government. 
34.  Accounts and audit. 
35.  Accounts and audit of State Commission. 

CHAPTER VIII 

MISCELLANEOUS 

36.  Matters not subject to jurisdiction of the Commission. 
37.  Constitution of special investigation teams. 
38.  Protection of action taken in good faith. 
39.  Members and officers to be public servants. 
40.  Power of Central Government to make rules. 
40A. Power to make rules retrospectively. 
40B. Power of Commission to make regulations. 
41.  Power of State Government to make rules. 
42.  Power to remove difficulties. 
43.  Repeal and savings. 

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THE PROTECTION OF HUMAN RIGHTS ACT, 1993 

ACT NO. 10 OF 1994 

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:— 

[8th January, 1994.] 

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,— 

(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;  

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);] 

(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; 
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); 

1. The proviso omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019). 
2. Ins. by Act 19 of 2019, s. 2 (w.e.f. 2-8-2019). 
3. Subs. by Act 43 of 2006, s. 2, for clause (f) (w.e.f. 23-11-2006).  
4. Subs. by s. 2, ibid., for clause (g) (w.e.f. 23-11-2006). 

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1[(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);] 

2[(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;] 

(j) “National Commission for Women” means the National Commission for  Women  constituted 

under section 3 of the National Commission for Women Act, 1990 (20 of 1990); 

(k)  “notification” means a notification published in the Official Gazette; 

(l) “prescribed” means prescribed by rules made under  this Act;  

(m) “public servant” shall have the meaning assigned to  it  in section 21 of the Indian Penal Code  

(45 of 1860);  

(n) “State Commission” means a State Human Rights Commission constituted under section 21. 

 (2)  Any reference in this Act to a law, which is not in force in the State of Jammu and Kashmir, 
shall, in relation to that State, be construed as a reference to a corresponding law, if any, in force in that 
State. 

Ladakh (UT).— 

Section 2.—Omit sub-section (2). 

STATE AMENDMENT 

[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— 

(a)  a Chairperson  who  has been a 3[Chief  Justice of India or a Judge]  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)  4[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  5[the  National  Commission  for  Backward  Classes,  the  National 
Commission  for  Minorities,  the  National  Commission  for  Protection  of  Child  Rights],  6[the  National 
Commission for the Scheduled Castes, the National Commission for the Scheduled Tribes] and the 7[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. 

1. Ins. by Act 19 of 2019, s. 2 (w.e.f. 2-8-2019). 
2. Subs. by Act 43 of 2006, s. 2, for clause (i) (w.e.f. 23-11-2006). 
3. Subs. by Act 19 of 2019, s. 3, for “Chief Justice” (w.e.f. 2-8-2019). 
4. Subs. by s. 3, ibid., for “two Members” (w.e.f. 2-8-2019). 
5. Subs. by s. 3, ibid., for “National Commission for Minorities” (w.e.f. 2-8-2019). 
6.  Subs.  by  Act  43  of  2006,  s.  3,  for  “the  National  Commission  for  the  Scheduled  Castes  and  Scheduled  Tribes”                            

(w.e.f. 23-11-2006). 

7. Subs. by Act 19 of 2019, s. 3, for “National Commission for Women” (w.e.f. 2-8-2019). 

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(4) There shall be a Secretary-General who shall be the Chief Executive Officer of the Commission 
and 1[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 2[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 

                                              —member; 

Affairs in the Government of India 

(d)   Leader of the Opposition in the  House of 

                                                —member; 

the People  

(e)   Leader of the Opposition in the  Council of 

                                                 —member; 

States 

       (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            

3[vacancy of any member in the Committee referred to in the first proviso to sub-section (1)]. 

4[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,— 

(a)   is adjudged an insolvent; or 

(b)   engages during  his  term   of  office  in  any   paid  employment outside the duties of his 

office; or  

(c)   is  unfit to continue in office by reason of  infirmity of mind or body; or 

(d)   is of unsound mind and stands so declared  by a competent court; or  

(e)   is  convicted  and  sentenced  to  imprisonment  for  an  offence  which  in  the  opinion  of  the 

President involves moral turpitude.] 

1. Subs. by Act 19 of 2019, s. 3, for certain words (w.e.f. 2-8-2019). 
2. Subs. by Act 43 of 2006, s. 4, for “other Members” (w.e.f. 23-11-2006). 
3. Subs. by s. 4, ibid., for “vacancy in the Committee” (w.e.f. 23-11-2006). 
4. Subs. by s. 5, ibid., for section 5  (w.e.f. 23-11-2006). 

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1[6. Term of office of Chairperson and Members.—(1)  A person appointed as Chairperson  shall 
hold office for a term of 2[three years] from the date on which he enters upon his office or until he attains 
the age of seventy years, whichever is earlier 3[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 4***: 

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. 

5[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. 

6[(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— 

 (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.  

1. Subs. by Act 43 of 2006 s. 6, for section 6 (w.e.f. 23-11-2006). 
2. Subs. by Act 19 of 2019, s. 4, for “five years” (w.e.f. 2-8-2019). 
3. Ins. by s. 4, ibid (w.e.f. 2-8-2019). 
4. The words “for another term of five years” omitted by Act 19 of 2019, s. 4 (w.e.f. 2-8-2019). 
5. Subs. by Act 43 of 2006, s. 7, for section (8) (w.e.f. 23-11-2006). 
6. Subs. by s. 8, ibid., for sub-section (2) (w.e.f. 23-11-2006). 

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(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:— 

(a)  inquire, suo motu or on a petition presented to it by a victim or any person on his behalf  1[or 

on a direction or order of any court], into complaint of— 

(i)   violation of human rights or abetment thereof; or  

(ii)  negligence in the prevention of such violation, by  a public servant;  

(b)   intervene in any proceeding involving any allegation of  violation  of  human rights pending 

before a court  with  the approval of such court; 

2[(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;] 

 (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.—(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 

1. Ins. by Act 43 of 2006, s. 9 (w.e.f. 23-11-2006). 
2. Subs. by s. 9, ibid., for clause  (c) (w.e.f. 23-11-2006). 

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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). 

1[(6) Where the Commission considers it necessary or expedient so to do, it may, by order, transfer 
any complaint filed or pending before it to the State Commission of the State from which the complaint 
arises, for disposal in accordance with the provisions of this Act: 

Provided that no such complaint shall be transferred unless the same is one respecting which the State 

Commission has jurisdiction to entertain the same. 

(7) Every complaint transferred under sub-section (6) shall be dealt with and disposed of by the State 

Commission as if it were a complaint initially filed before it.] 

14.    Investigation.—(1)  The  Commission  may,  for  the    purpose    of  conducting    any  investigation 
pertaining to the inquiry,  utilise  the services  of  any  officer  or investigation  agency  of  the  Central 
Government  or  any  State  Government  with  the  concurrence  of  the  Central  Government  or  the  State 
Government, as the case may be. 

(2)  For the purpose of investigating into any matter  pertaining to  the  inquiry, any officer or agency 
whose    services    are    utilised    under  sub-section  (1)  may,  subject  to  the  direction  and  control  of  the 
Commission,— 

(a)   summon  and  enforce the attendance of any  person  and examine him; 

(b)   require  the discovery and production of any  document; and 

(c)   requisition any public record or copy thereof from  any office. 

(3)  The provisions of section 15 shall apply in relation to  any statement made by a person before any 
officer  or  agency  whose  services  are  utilised  under  sub-section  (1)  as  they  apply  in  relation    to    any 
statement made by a person in the course of giving evidence before the Commission. 

(4)  The officer or agency whose services are utilised under sub-section (1)  shall  investigate into any  
matter  pertaining  to  the inquiry  and  submit a report thereon to the  Commission  within  such period as 
may be specified by the Commission in this behalf. 

(5)  The Commission shall satisfy itself about the correctness of the facts stated and the conclusion, if 
any,  arrived  at  in  the    report  submitted    to    it    under    sub-section  (4)  and    for    this    purpose    the 

1. Ins. by Act 43 of 2006, s.10 (w.e.f. 23-11-2006). 

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Commission    may    make  such  inquiry  (including  the  examination    of    the  person    or  persons  who 
conducted or assisted in the investigation)  as it thinks fit. 

15. Statement made by persons to the Commission.—No  statement made  by  a  person  in  the 
course  of  giving  evidence  before  the Commission shall subject him to, or be used against him in, any  
civil or criminal proceeding except a prosecution for giving false  evidence by such statement: 

 Provided that the statement— 

(a)   is made in reply to the question which he is  required by the Commission to answer; or 

(b)   is relevant to the subject matter of the inquiry. 

16.  Persons  likely  to  be  prejudicially  affected  to  be  heard.—If,  at  any  stage  of  the  inquiry,  the 

Commission— 

(a)   considers it necessary to inquire into the conduct  of any person; or  

(b)   is of the opinion that the reputation of any person  is likely to be prejudicially affected by the 

inquiry,  

it shall give to that person a reasonable opportunity of being  heard in the inquiry and to produce evidence 
in his defence: 

Provided that nothing in this section shall apply where the credit of a witness is being impeached. 

CHAPTER IV 

PROCEDURE 

17. Inquiry into complaints.—The Commission while inquiring into the complaints of violations of 

human rights may— 

(i)   call  for  information  or  report  from  the   Central Government or any State Government or 
any other authority  or organisation  subordinate thereto within such time as may be specified by it:      

Provided that— 

(a)      if    the    information    or  report    is    not    received    within  the  time  stipulated    by    the 

Commission,  it  may proceed to inquire into the    complaint on its own; 

(b)   if,  on  receipt  of information  or  report,  the Commission  is satisfied either that no 
further  inquiry is  required  or  that  the  required  action  has  been initiated  or  taken  by  the  
concerned  Government  or authority,  it  may not proceed with the  complaint  and inform the 
complainant accordingly; 

(ii)  without prejudice to anything contained in clause (i), if it considers necessary, having regard 

to the nature of the complaint, initiate an inquiry. 
1[18. Steps during and after inquiry.—The Commission may take any of the following steps during 

or  upon the completion of an inquiry held under this Act, namely:— 

(a) where the inquiry discloses the commission of violation of human rights or negligence in the 
prevention of violation of human rights or abetment thereof by a public servant, it may recommend to 
the concerned Government or authority— 

(i) to make payment of compensation or damages to the complainant or to the victim or the 

members of his family as the Commission may consider necessary; 

(ii) to  initiate  proceedings  for  prosecution  or  such  other  suitable  action  as  the  Commission 

may deem fit against the concerned person or persons; 

(iii) to take such further action as it may think fit; 

(b) approach the Supreme Court or the High Court concerned for such directions, orders or writs 

as that Court may deem necessary; 

1. Subs. by Act 43 of 2006, s. 11, for section 18 (w.e.f. 23-11-2006). 

9 

 
                                                           
(c) recommend to the concerned Government or authority at any stage of the inquiry for the grant 
of such immediate interim relief to the victim or the members of his family as the Commission may 
consider necessary; 

(d) subject to the provisions of clause (e), provide a copy of the inquiry report to the petitioner or 

his representative; 

(e) the Commission shall send a copy of its inquiry report together with its recommendations to 
the  concerned  Government  or  authority  and  the  concerned  Government  or  authority  shall,  within  a 
period of one month, or such further time as the Commission may allow, forward its comments on the 
report, including the action taken or proposed to be taken thereon, to the Commission; 

(f) the Commission shall publish its inquiry report together with the comments of the concerned 
Government  or  authority,  if  any,  and  the  action  taken  or  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 from the Central 

Government; 

(b)   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. 

1[(2)  The  State  Commission  shall,  with  effect  from  such  date  as  the  State  Government  may  by 

notification specify, consist of— 

(a) a Chairperson who has been a 2[Chief Justice or a Judge] of a High Court; 
(b) one Member who is, or has been, a Judge of a High Court or District Judge in the State with a 

minimum of seven years experience as District Judge; 

1. Subs. by Act 43 of 2006, s. 12, for sub-section (2) (w.e.f. 23-11-2006). 
2. Subs. by Act 19 of 2019, s. 5, for “Chief Justice” (w.e.f. 2-8-2019). 

10 

 
                                                           
(c) 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 
1[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: 

* 

2* 
 3[(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.] 

4[(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, 5[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  6[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  7[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— 

(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 

1. Subs. by Act 19 of 2019, s. 5, for “shall exercise such powers and discharge such functions of the State Commission as it may 

delegate to him” (w.e.f. 2-8-2019). 

2.  The  second  proviso  omitted  by  the  Jammu  and  Kashmir  Reorganisation  (Adaptation  of  Central  Laws)  Order,  2020,  
vide  notification  No.  S.O.  1123(E)  dated  (18-3-2020)  and  vide  Union  Territory  of  Ladakh  Reorganisation  (Adaptation  of 
Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020). 

3. Ins. by Act 43 of 2006, s. 12 (w.e.f. 23-11-2006). 
4. Ins. by Act 19 of 2019, s. 5 (w.e.f. 2-8-2019). 
5.  Subs.  by  the  Jammu  and  Kashmir  Reorganisation  (Adaptation  of  Central  Laws)  Order,  2020,  vide  notification  No.  S.O. 
1123(E),  for  “other  than  Union  territory  of  Delhi”  dated  (18-3-2020)  and  vide  Union  Territory  of  Ladakh  Reorganisation 
(Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020). 

6.  Subs.  by  the  Jammu  and  Kashmir  Reorganisation  (Adaptation  of  Central  Laws)  Order,  2020,  vide  notification  No.  S.O. 
1123(E),  for  “Union  territory  of  Delhi”  and  vide  Union  Territory  of  Ladakh  Reorganisation  (Adaptation  of  Central  Laws) 
Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020). 

7. Subs. by Act 43 of 2006, s. 13, for “other Members” (w.e.f. 23-11-2006). 

11 

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

2[23. Resignation and  Removal of  Chairperson or a  Member of the State Commission].—3[(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 4[sub-section (1A)] the President may by order remove from office 

the Chairperson or any 5[Member] if the Chairperson or such 5[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[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  7[three years] from the date on which he enters 
upon his office or until he attains the age of seventy years, whichever is earlier 8[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 9***: 

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. 

1. Subs. by Act 43 of 2006, s. 13, for “any vacancy in the Committee” (w.e.f. 23-11-2006). 
2. Subs. by s. 14, ibid., for “Removal of a Member of the State Commission” (w.e.f.  23-11-2006). 
3. Subs. by s. 14, ibid., for sub-section (1) (w.e.f. 23-11-2006). 
4. Subs. by s. 14, ibid., for “sub-section (1)” (w.e.f. 23-11-2006). 
5. Subs. by s. 14, ibid., for “other Member” (w.e.f. 23-11-2006). 
6. Subs. by Act 43 of 2006, s. 15, for section 24 (w.e.f. 23-11-2006). 
7. Subs. by Act 19 of 2019, s. 6, for “five years” (w.e.f. 2-8-2019). 
8. Ins. by s. 6, ibid. (w.e.f. 2-8-2019). 
9. The words “for another term of five years” omitted by Act 19 of 2019, s. 6 (w.e.f. 2-8-2019). 

12 

 
                                                           
(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. 

1[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—  

(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  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:— 

(a)   references to  “Commission” shall  be  construed   as    references to “State Commission”; 

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

“Secretary” shall   be   substituted; 

(c)   in section 12, clause (f) shall be omitted; 

(d)   in  section  17,  in clause  (i),  the  words  “Central Government or any” shall be omitted.     

CHAPTER VI 

HUMAN RIGHTS COURTS 

30.    Human  Rights  Courts.—For  the  purpose  of  providing  speedy  trial  of  offences  arising  out  of 
violation  of  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: 

1. Subs. by Act 43 of 2006, s.16, for section 26 (w.e.f. 23-11-2006). 

13 

 
                                                           
Provided that nothing in this section shall apply if— 

(a)   a  Court of Session is already specified as  a  special  court; or 

(b)   a  special  court  is  already  constituted, 

for such offences under any other law for the time being in force. 

31.  Special  Public  Prosecutor.—For  every  Human  Rights  Court,  the  State    Government  shall,  by 
notification, specify a Public  Prosecutor or appoint an advocate who has been in 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  

14 

 
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:— 

(a) the salaries and allowances  and  other  terms   and   conditions of service of the 1[Chairperson 

and 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. 

1. Subs. by Act 43 of 2006, s.17, for “Members” (w.e.f. 23-11-2006). 

15 

 
                                                           
(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. 

1[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.] 

2[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:— 

(a)    the  salaries    and    allowances    and    other    terms      and    conditions  of  service  of  3[the 

Chairperson and 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 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, 

1. Ins. by Act 49 of 2000, s. 2 (w.e.f. 11-12-2000). 
2. Ins. by Act 43 of 2006, s. 18 (w.e.f. 23-11-2006). 
3. Subs. by s. 19, ibid., for “the Members” (w.e.f. 23-11-2006). 

16 

 
                                                           
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. 

17 

 
