Section 39 in The Protection of Human Rights Act, 1993

Title: Members and officers to be public servants

Description: Every Member of the Commission, State Commission and every officer appointed or authorised by the Commission or the State Commission to exercise functions under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

Title: Power of Central Government to make rules

Description: (1) The Central Government may, by notification, make rules to carry out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the salaries and allowances and other terms and conditions of service of the 1[Chairperson and Members] under section 8; (b) the conditions subject to which other administrative, technical and scientific staff may be appointed by the Commission and the salaries and allowances of officers and other staff under sub-section (3) of section 11; (c) any other power of a civil court required to be prescribed under clause (f) of sub-section (1) of section 13; (d) the form in which the annual statement of accounts is to be prepared by the Commission under sub-section (1) of section 34; and (e) any other matter which has to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule 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 rule. 1. Subs. by Act 43 of 2006, s.17, for "Members" (w.e.f. 23-11-2006).

Title: Power to make rules retrospectively

Description: 1[40A. Power to make rules retrospectively.—The power to make rules under clause (b) of sub-section (2) of section 40 shall include the power to make such rules or any of them retrospectively from a date not earlier than the date on which this Act received the assent of the President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the interests of any person to whom such rule may be applicable.] 1. Ins. by Act 49 of 2000, s. 2 (w.e.f. 11-12-2000).

Title: Power of Commission to make regulations

Description: 1[40B. Power of Commission to make regulations.—(1) Subject to the provisions of this Act and the rules made thereunder, the Commission may, with the previous approval of the Central Government, by notification, make regulations to carry out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the procedure to be followed by the Commission under sub-section (2) of section 10; (b) the returns and statistics to be furnished by the State Commissions; (c) any other matter which has to be, or may be, specified by regulations. (3) Every regulation made by the Commission 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 or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the 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 regulation.] 1. Ins. by Act 43 of 2006, s. 18 (w.e.f. 23-11-2006).

Title: Power of State Government to make rules

Description: (1) The State Government may, by notification, make rules to carry out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the salaries and allowances and other terms and conditions of service of 1[the Chairperson and Members] under section 26; (b) the conditions subject to which other administrative, technical and scientific staff may be appointed by the State Commission and the salaries and allowances of officers and other staff under sub-section (3) of section 27; (c) the form in which the annual statement of accounts is to be prepared under sub-section (1) of section 35. (3) Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House. 1. Subs. Act 43 of 2006, s. 19, for "the Members" (w.e.f. 23-11-2006)