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12
Important Provisions
1. Short Title, extent and commencement
(1) This Act may be called the protectionof Human Rihts act 1993.
(2) It shall be deemed to have come into force on the 28th day of september 1993.
2. Definitions
In this act , Unless the context Otherwise Requires-
(a) Commission " means The natioal human Rights Commission Under section:3
(b) "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.
individual guaranteed by the Constitution or embodied in the International Covenants
and enforceable by courts in India.
(c) "Human Right Court" means the Human Right Court specified under section :30
(d) "International Convenants" means the International Convenants on civil and political
rights and the International Convenants on the economic, social and cultural rights adopted
by the General Assembly on the United Nations on the 16th December,1966.
rights and the International Convenants on the economic, social and cultural rights adopted
by the General Assembly on the United Nations on the 16th December,1966.
(e) "Public Servent" Shall Have the Meaning Assigned to it in section 21 of the Indian Penal Code.
3. Constitution of a National Human Rights Commission
(1) The Central Government shall constitute a body to be Known a the National Human Rights
Commission to exercise the powers conferred upon, and to perform the functions assigned to it, under
this Act.
Commission to exercise the powers conferred upon, and to perform the functions assigned to it, under
this Act.
(2) The Commission shall consist of:
(a) a chairperson who has been a chief Justies of the Supreme Conunt,
(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 the High Court,
(d) two members to be appointed from amongst persons having knowledge of, or practcal experience in,
matters relating to human rights.
matters relating to human rights.
(3) The Chairperson of the National Commission for Minorities, the National commission for the scheduled
castes and scheduled tribes and the National commission for womens shall be deemed to be members of the
commission for the discharge of functions specified in claused (b)to(j) of section 12.
castes and scheduled tribes and the National commission for womens shall be deemed to be members of the
commission for the discharge of functions specified in claused (b)to(j) of section 12.
(4) There shall be a Secretary-General who shall be he chief executive officer of the commission and shall
exercies such powers and discharge such functions of the committion as it may delegate to him.
exercies such powers and discharge such functions of the committion as it may delegate to him.
(5) The headquarters of the commission may, with the previous approval of the central government, establish
offices at other plceses in India.
offices at other plceses in India.
4.Appointment of chairperson and other member
(1) TheChairperson and the other members shall be appointed by the president by warrant
under his hand and seal. Provided that every appointed under thissub-section shall be made after obtaining the
recommendations of a committe consisting of
recommendations of a committe consisting of
(a) The Prime Minister ---Chairperson
(b) Speaker of the House of the People ---Member
(c) Minister in-charge of the MInister of Home Affairs in the Goverment of India ---Member
(d) Leader of the Opposition in the House of the people ---Member
(e) Leader of the Opposition in the Council of State ---Member
(f) Deputy Chairman of the Council of State ---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.
shall be appointed except after consultation with the Chief Justice of India.
5.Removal of a Member of the Commission
(1) Subject to provision of sub-section 2,the Chairperson or any other Member of the Commission shall
only be removed from his office by order of the president on the ground of proved misbehaviour or incapacity
after the Supreme Court, on reference being made to it by the President, has, on inquuiry held in accordance
with the procedure prescribed in that behalf by the Supreme Court,reported that the Chairperson or such
other member, as the case may be, ought on any such ground to be removed.
only be removed from his office by order of the president on the ground of proved misbehaviour or incapacity
after the Supreme Court, on reference being made to it by the President, has, on inquuiry held in accordance
with the procedure prescribed in that behalf by the Supreme Court,reported that the Chairperson or such
other member, as the case may be, ought on any such ground to be removed.
(2) Notwithstanding anything in sub-section (1), the President may by order remove from office the
chairperson or any other Member if the Chairperson or Member, as the case may be
chairperson or any other Member if the Chairperson or Member, as the case may be
(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid employment outside; 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 decleared 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.
involves moral turpitude.
6. Term of Office of Members
(1) A person appointed as chairperson shall hold office for a term of five years from the date ofn which
he enters upon his office or until he attins the age of seventy years , whichever is earlier.
he enters upon his office or until he attins the age of seventy years , whichever is earlier.
(2) A person appointed as a member shall hold office for a term of five years from the date ofn which he
enters upon his office and shall be eligible for re-appointment for another term of five years. Provided that
no Member shall Hold office after he has attained the age of seventy years.
enters upon his office and shall be eligible for re-appointment for another term of five years. Provided that
no Member shall Hold office after he has attained the age of seventy years.
(3) On ceasing to hold office, a Chairperson or a member shall be ineligible for further employment under
the Government of India or under the Government of any state.
the Government of India or under the Government of any state.
7. Vacancies not to invalidate the proceedings of the Commission.
No act or proceeding of the commission shall be questioned or shall be invalidated merely on the
ground of existance of any vacancy or defect in the constitution of the commission.
ground of existance of any vacancy or defect in the constitution of the commission.
8. Procedure to be regulated by the commission.
(1) The CommissionShall meet at such time and place as the Chairperson may think fit.
(2) The Commission shall regulate its own Procedure.
(3) All order and decision of the commission shall be be audited y the Secretary General or any
other officer of the commission duty authorised by the chairman in this behalf.
other officer of the commission duty authorised by the chairman in this behalf.
