Section 19 in The Protection of Human Rights Act, 1993

Title: Procedure with respect to armed forces

Description: (1) Notwithstanding anything contained in this Act, while dealing with complaints of violation of human rights by members of the armed forces, the Commission shall adopt the following procedure, namely:— (a) it may, either on its own motion or on receipt of a petition, seek a report from the Central Government; (b) after the receipt of the report, it may, either not proceed with the complaint or, as the case may be, make its recommendations to that Government. (2) The Central Government shall inform the Commission of the action taken on the recommendations within three months or such further time as the Commission may allow. (3) The Commission shall publish its report together with its recommendations made to the Central Government and the action taken by that Government on such recommendations. (4) The Commission shall provide a copy of the report published under sub-section (3) to the petitioner or his representative.

Title: Annual and special reports of the Commission

Description: (1) The Commission shall submit an annual report to the Central Government and to the State Government concerned 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 Central Government and the State Government, as the case may be, shall cause the annual and special reports of the Commission to be laid before each House of Parliament or the State Legislature respectively, as the case may be, along with a memorandum of action taken or proposed to be taken on the recommendations of the Commission and the reasons for non-acceptance of the recommendations, if any.

Title: Constitution of State Human Rights Commissions

Description: (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: 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 notification No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification 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 notification 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, notification No. S.O. 3774(E), dated (23-10-2020). 8. Subs. by the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, vide notification No. S.O. 1123(E), for "Union territory of Delhi" and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).

Title: Appointment of Chairperson and other Members of State Commission

Description: 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 —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 s. 13, ibid., 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).

Title: Resignation and Removal of a Chairperson or a Member of the State Commission

Description: 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 t 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).