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THE PROTECTION OF HUMAN RIGHTS ACT, 1993

Title : THE PROTECTION OF HUMAN RIGHTS ACT, 1993

Year : 1993



(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 Chief Justice 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 shall exercise such powers and discharge such functions of the State Commission as it may delegate to him.

(4) The headquarters of the State Commission shall be at such place as the State Government may, by notification, specify.

(5) A State Commission may inquire into violation of human rights only in respect of 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:

Provided further that in relation to the Jammu and Kashmir Human Rights Commission, this sub-section shall have effect as if for the words and figures "List II and List III in the Seventh Schedule to the Constitution", the words and figures "List III in the Seventh Schedule to the Constitution as applicable to the State of Jammu and Kashmir and in respect of matters in relation to which the Legislature of that State has power to make laws" had been substituted.

2*[(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.]

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1. Substituted for the following by the Protection of Human Rights (Amendment) Act, 2006, w.e.f 23.11.2006.

" (2) The State Commission shall consist of-

(a) A Chairperson who has been a Chief Justice of a High Court;

(b) One Member who is, or has been, a Judge of a High Court;

(c) One Member who is, or has been, a district judge in that State;

(d) Two members to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights."

2. Inserted by the Protection of Human Rights (Amendment) Act, 2006, w.e.f 23.11.2006.

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(1) The Chairperson and1*[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 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 reason2*[of any vacancy of any Member in the Committee referred to in subsection (1).]

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1. Substituted for the words "other members" by the Protection of Human Rights (Amendment) Act, 2006, w.e.f 23.11.2006.

2.  Substituted for the words "any vacancy in the Committee" by the Protection of Human Rights (Amendment) Act, 2006, w.e.f 23.11.2006.

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1*[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; or

(e) Is convicted and sentenced to imprisonment for an offence which in the opinion of the President involves moral turpitude.

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1. Substituted for the following "Removal of a Member of the State Commission" by the Protection of Human Rights (Amendment) Act, 2006, w.e.f. 23.11.2006.

2. Substituted for the following words by the Protection of Human Rights (Amendment) Act, 2006, w.e.f. 23.11.2006.

 "(1) Subject to the provisions of sub-section (2), the Chairperson or any other 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 other Member, as the case may be, ought on any such ground to be removed."

3. Substituted for the following words "sub-section (1)" by the Protection of Human Rights (Amendment) Act, 2006, w.e.f. 23.11.2006.

4. Substituted for the following words "other Member" by the Protection of Human Rights (Amendment) Act, 2006, w.e.f. 23.11.2006.
 
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1*[ (1) A person appointed as Chairperson shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier.

(2) A person appointed as a Member shall hold office for a term of five years from the date on which he enters upon his office and shall be eligible for re-appointment for another term of five years:

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.]

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1. Substituted for the following section by the Protection of Human Rights (Amendment) Act, 2006, w.e.f 23.11.2006.

"24. (1) A person appointed as Chairperson shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier.

(2) A person appointed as a Member shall hold office for a term of five years from the date on which he enters upon his office and shall be eligible for reappointment 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 a State or under the Government of India."

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(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.



1*[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.

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1. Substituted for the following section by the Protection of Human Rights (Amendment) Act, 2006, w.e.f 23.11.2006. 

" 26. The salaries and allowances payable to, and other terms and conditions of service of, the Members shall be such as may be prescribed by the State Government:

Provided that neither the salary and allowances nor the other terms and conditions of service of a Member shall be varied to his disadvantage after his appointment."

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(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.



(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.



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 words " 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.
Last updated on August, 2016

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