Section 8 in The Protection of Human Rights Act, 1993
Title: Terms and conditions of service of Chairperson and Members
1 [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.
1. Subs. by Act 43 of 2006, s. 7, for section (8) (w.e.f. 23-11-2006).
Title: 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.
Title: Procedure to be regulated by the Commission
(1) The Commission shall meet at such time and place as the Chairperson may think fit.
1 [(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.
1. Subs. by s. 8, ibid., for sub-section (2) (w.e.f. 23-11-2006).
Title: 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.
(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.
Title: 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.
1. Ins. by s. 9, ibid. (w.e.f. 23-11-2006).
2. Subs. by s. 9, ibid., for clause (c) (w.e.f. 23-11-2006)