Section 43 in The Babasaheb Bhimrao Ambedkar University Act, 1994

Title: Statutes, Ordinances and Regulations to be published in the Official Gazette and to be laid before Parliament

Description: (1) Every Statute, Ordinance or Regulation made under this Act shall be published in the Official Gazette. (2) Every Statute, Ordinance or Regulation 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 Statute, Ordinance or Regulation or both Houses agree that the Statute, Ordinance or Regulation should not be made, the Statute, Ordinance or 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 Statute, Ordinance or Regulation. (3) The power to make Statutes, Ordinances or Regulations shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the Statutes, Ordinances or Regulations or any of them but no retrospective effect shall be given to any Statute, Ordinance or Regulation so as to prejudicially affect the interests of any person to whom such Statute, Ordinance or Regulation may be applicable.

Title: Short title, extent and commencement

Description: (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. 1. The proviso omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019).

Title: Definitions

Description: (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; 1[(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; 2[(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;] 3[(g) "Member" means a Member of the Commission or of the State Commission, as the case may be;] 4[(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); 5[(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);] 6[(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. STATE AMENDMENTS Ladakh (UT).— Section 2.---Omit sub-section (2). [Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).] 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 (f) (w.e.f. 23-11-2006). 3. Subs. by s. 2, ibid., for clause (g) (w.e.f. 23-11-2006). 4. Ins. by Act 19 of 2019, s. 2 (w.e.f. 2-8-2019). 5. Ins. by Act 19 of 2019, s. 2 (w.e.f. 2-8-2019). 6. Subs. by s. 2, ibid., for clause (i) (w.e.f. 23-11-2006).

Title: Constitution of a National Human Rights Commission

Description: (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 1[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) 2[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 3[,the National Commission for Backward Classes, the National Commission for Minorities, the National Commission for Protection of Child Rights], 4[the National Commission for the Scheduled Castes, the National Commission for the Scheduled Tribes] and the 5[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. (4) There shall be a Secretary-General who shall be the Chief Executive Officer of the Commission and 6[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. 1. Subs. by Act 19 of 2019, s. 3, for “Chief Justice” (w.e.f. 2-8-2019). 2. Subs. by s. 3, ibid., for “two Members” (w.e.f. 2-8-2019). 3. Subs. by s. 3, ibid., for “National Commission for Minorities” (w.e.f. 2-8-2019). 4. 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). 5. Subs. by Act 19 of 2019, s. 3, for “National Commission for Women” (w.e.f. 2-8-2019). 6. Subs. by Act 19 of 2019, s. 3, for certain words (w.e.f. 2-8-2019).

Title: Appointment of Chairperson and other Members

Description: (1) The Chairperson and 1[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 Affairs in the Government of India ----member; (d) Leader of the Opposition in the House of the People ---member; (e) Leader of the Opposition in the Council of States ---member; (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 2[vacancy of any member in the Committee referred to in the first proviso to sub-section (1)]. 1. Subs. by s. 4, ibid., for "other Members" (w.e.f. 23-11-2006) 2. Subs. by Act 43 of 2006, s. 4, for "vacancy in the Committee" (w.e.f. 23-11-2006)

The Babasaheb Bhimrao Ambedkar University Act, 1994