Section 22 in The Protection of Human Rights Act, 1993
Title: Appointment of Chairperson and other Members of State Commission
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
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).
Title: Term of office of Chairperson and Members of the State Commission
1[24. Term of office of Chairperson and Members of the State Commission.---(1) A person appointed as Chairperson shall hold office for a term of 2[three years] from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier 3[and shall be eligible for re-appointment].
(2) A person appointed as a Member shall hold office for a term of 2[three years] from the date on which he enters upon his office and shall be eligible for re-appointment 4***:
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.]
1. Subs. by Act 43 of 2006, s. 15, for section 24 (w.e.f. 23-11-2006).
2. Subs. by Act 19 of 2019, s. 6, for “five years” (w.e.f. 2-8-2019).
3. Ins. by s. 6, ibid. (w.e.f. 2-8-2019).
4. The words “for another term of five years” omitted by Act 19 of 2019, s. 6 (w.e.f. 2-8-2019).
Title: Member to act as Chairperson or to discharge his functions in certain circumstances
(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.
Title: Terms and conditions of service of Chairperson and Members of State Commission
1[26. Terms and conditions of service of Chairperson and Members of State Commission.— 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.]
1. Subs. by s.16, ibid., for section 26 (w.e.f. 23-11-2006).