The Protection of Human Rights Act, 1993
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 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.
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;
(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 3[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:
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5[(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.]
6[(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, 7[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 8[Union territory of Delhi, Union territory of Jammu and Kashmir and Union territory of Ladakh] shall be dealt with by the Commission.]
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;
(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 3[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:
4* * * * *
5[(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.]
6[(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, 7[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 8[Union territory of Delhi, Union territory of Jammu and Kashmir and Union territory of Ladakh] shall be dealt with by the Commission.]
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).
3. 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).
4. The second proviso omitted by the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, vide notifin. No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notifin. No. S.O. 3774(E), dated (23-10-2020).
5. Ins. by Act 43 of 2006, s. 12 (w.e.f. 23-11-2006).
6. Ins. by Act 19 of 2019, s. 5 (w.e.f. 2-8-2019).
7. Subs. by the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, vide notifin. 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, notifin. No. S.O. 3774(E), dated (23-10-2020).
8. Subs. by the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, vide notifin. No. S.O. 1123(E), for "Union territory of Delhi" and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notifin. No. S.O. 3774(E), dated (23-10-2020).
2. Subs. by Act 19 of 2019, s. 5, for "Chief Justice" (w.e.f. 2-8-2019).
3. 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).
4. The second proviso omitted by the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, vide notifin. No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notifin. No. S.O. 3774(E), dated (23-10-2020).
5. Ins. by Act 43 of 2006, s. 12 (w.e.f. 23-11-2006).
6. Ins. by Act 19 of 2019, s. 5 (w.e.f. 2-8-2019).
7. Subs. by the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, vide notifin. 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, notifin. No. S.O. 3774(E), dated (23-10-2020).
8. Subs. by the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, vide notifin. No. S.O. 1123(E), for "Union territory of Delhi" and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notifin. No. S.O. 3774(E), dated (23-10-2020).
Section 22 Appointment of Chairperson and other Members of State Commission.
22. Appointment of Chairperson and 1[Members] of State Commission.---(1) The Chairperson and 1Members 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
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 2[any vacancy of any Member in the Committee referred to in sub-section (1)].
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 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 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 2[any vacancy of any Member in the Committee referred to in sub-section (1)].
1. Subs. by Act 43 of 2006, s. 13, for "other Members" (w.e.f. 23-11-2006).
2. Subs. by s. 13, ibid., for "any vacancy in the Committee" (w.e.f. 23-11-2006).
2. Subs. by s. 13, ibid., for "any vacancy in the Committee" (w.e.f. 23-11-2006).
Section 23 Resignation and Removal of a Chairperson or a Member of the State Commission.
1 [23. Resignation and Removal of Chairperson or a Member of the State Commission].— 2 (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 3 [sub-section (1A)] the President may by order remove from office the Chairperson or any 4 [Member] if the Chairperson or such 4[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;
(e) is convicted and sentenced to imprisonment for an offence which in the opinion of the President involves moral turpitude.
(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 3 [sub-section (1A)] the President may by order remove from office the Chairperson or any 4 [Member] if the Chairperson or such 4[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;
(e) is convicted and sentenced to imprisonment for an offence which in the opinion of the President involves moral turpitude.
1. Subs. by s. 14, ibid., for "Removal of a Member of the State Commission" (w.e.f. 23-11-2006).
2. Subs. by s. 14, ibid., for sub-section (1) (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 "other Member" (w.e.f. 23-11-2006).
2. Subs. by s. 14, ibid., for sub-section (1) (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 "other Member" (w.e.f. 23-11-2006).
Section 24 Term of office of Chairperson and Members of the State Commission.
1[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 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 a State or under the Government of India.]
(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 a State or under the Government of India.]
1. Subs. by Act 43 of 2006, s. 15, for section 24 (w.e.f. 23-11-2006).
2. Subs. by Act 19 of 2019, s. 6, for “five years” (w.e.f. 2-8-2019).
3. Ins. by s. 6, ibid. (w.e.f. 2-8-2019).
4. The words “for another term of five years” omitted by Act 19 of 2019, s. 6 (w.e.f. 2-8-2019).
2. Subs. by Act 19 of 2019, s. 6, for “five years” (w.e.f. 2-8-2019).
3. Ins. by s. 6, ibid. (w.e.f. 2-8-2019).
4. The words “for another term of five years” omitted by Act 19 of 2019, s. 6 (w.e.f. 2-8-2019).
Section 25 Member to act as Chairperson or to discharge his functions in certain circumstances.
(1) In the event of the occurrence of any vacancy in the office of the Chairperson by reason of his death, resignation or otherwise, the Governor may, by notification, authorise one of the Members to act as the Chairperson until the appointment of a new Chairperson to fill such vacancy.
(2) When the Chairperson is unable to discharge his functions owing to absence on leave or otherwise, such one of the Members as the Governor may, by notification, authorise in this behalf, shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties.
(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.
Section 26 Terms and conditions of service of Chairperson and Members of State Commission.
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.]
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.]
1. Subs. by s.16, ibid., for section 26 (w.e.f. 23-11-2006).
Section 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.
(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.
Section 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.
(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.
Section 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.
(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.
Section 30 Human Rights Courts.
For the purpose of providing speedy trial of offences arising out of violation of human rights, the State Government may, with the concurrence of the Chief Justice of the High Court, by notification, specify for each district a Court of Session to be a Human Rights Court to try the said offences:
Provided that nothing in this section shall apply if—
(a) a Court of Session is already specified as a special court; or
(b) a special court is already constituted,
for such offences under any other law for the time being in force.
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.
Section 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.
Section 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).
(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).
Section 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).
(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).
Section 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.
(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.
Section 35 Accounts and audit of State Commission.
(1) The State Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the State Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the State Commission shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the State Commission to the Comptroller and Auditor-General.
(3) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the State Commission under this Act shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the State Commission.
(4) The accounts of the State Commission, as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the State Government by the State Commission and the State Government shall cause the audit report to be laid, as soon as may be after it is received, before the State Legislature.
(2) The accounts of the State Commission shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the State Commission to the Comptroller and Auditor-General.
(3) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the State Commission under this Act shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the State Commission.
(4) The accounts of the State Commission, as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the State Government by the State Commission and the State Government shall cause the audit report to be laid, as soon as may be after it is received, before the State Legislature.
Section 36 Matters not subject to jurisdiction of the Commission. 1 docs
(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.
(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.
Section 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.
Section 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.
Section 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).
Section 40 Power of Central Government to make rules. 4 docs
(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.
(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.
(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.
(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. Subs. by Act 43 of 2006, s.17, for "Members" (w.e.f. 23-11-2006).