S.1 Short title and commencement

       (1) This Act may be called the Protection of Human Rights (Amendment) Act, 2006.
       1[(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.]
       ______________________________
       1. Enfocement date for this Act notified as per notification No SO22022(E) is 23.11.2006.

S.2 Amendment of section 2

       In section 2 of the Protection of Human Rights Act, 1993(10 of 1994) (hereinafter referred to as the principal Act), in sub-section (1),--
       (a) for clause (f), the following clause shall be substituted, namely:--
       '(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;';
       (b) for clause (g), the following clause shall be substituted, namely:--
       '(g) "Member" means a Member of the Commission or of the State Commission, as

S.3 Amendment of section 3

       In section 3 of the principal Act,--
       (a) in sub-section (3), for the words "the National Commission for the Scheduled Castes and Scheduled Tribes", the words "the National Commission for the Scheduled Castes, the National Commission for the Scheduled Tribes" shall be substituted;
       (b) in sub-section (4), for the words "as it may delegate to him", the brackets, words, figures and letter "(except judicial functions and the power to make regulations under section 40B) as may be delegated to him by the Commission or the Chairperson, as the case may be" shall be substituted.

S.4 Amendment of section 4

       In section 4 of the principal Act,--
       (a) in sub-section (1), for the words "other Members", the words "the Members" shall be substituted;
       (b) in sub-section (2), for the words "vacancy in the Committee", the words, brackets and figure "vacancy of any member in the Committee referred to in the first proviso to sub-section (1)" shall be substituted.

S.5 Substitution of new section for section 5

       For section 5 of the principal Act, the following section shall be substituted, namely:--
       "5. Resignation and removal of Chairperson and Members.--(1) The Chairperson or any Member may, by notice in writing under his hand addressed to the President of India, resign his office.
       (2) Subject to the provisions of sub-section (3), the Chairperson or any Member shall only be removed from his office by order of the President of India on the ground of proved misbehaviour or incapacity after the Supreme Court, on 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 the Member, as the case may be, ought on any such ground to be removed.
       (3) Notwithstanding anything in sub-sectio

S.6 Substitution of new section for section 6

       For section 6 of the principal Act, the following section shall be substituted, namely:--
       "6. Term of office of Chairperson and Members.--(1) A person appointed as Chairperson shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier.
       (2) A person appointed as a Member shall hold office for a term of five years from the date on which he enters upon his office and shall be eligible for re-appointment for another term of five years:
       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 India or

S.7 Substitution of new section for section 8

       For section 8 of the principal Act, the following section shall be substituted, namely:--
       "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.".

S.8 Amendment of section 10

       In section 10 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely:--
       "(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.".

S.9 Amendment of section 12

       In section 12 of the principal Act,--
       (a) in clause (a), after the words "or any person on his behalf", the words "or on a direction or order of any court" shall be inserted;
       (b) for clause (c), the following clause shall be substituted, namely:--
       "(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;".

S.10 Amendment of section 13

       In section 13 of the principal Act, after sub-section (5), the following sub-sections shall be inserted, namely:--
       "(6) Where the Commission considers it necessary or expedient so to do, it may, by order, transfer any complaint filed or pending before it to the State Commission of the State from which the complaint arises, for disposal in accordance with the provisions of this Act:
       Provided that no such complaint shall be transferred unless the same is one respecting which the State Commission has jurisdiction to entertain the same.
       (7) Every complaint transferred under sub-section (6) shall be dealt with and disposed of by the State Commission as if it were a complaint initially filed before it;".

S.11 Substitution of new section for section 18

       For section 18 of the principal Act, the following section shall be substituted, namely:--
       "18. Steps during and after inquiry.--The Commission may take any of the following steps during or upon the completion of an inquiry held under this Act, namely:--
       (a) where the inquiry discloses the commission of violation of human rights or negligence in the prevention of violation of human rights or abetment thereof by a public servant, it may recommend to the concerned Government or authority--
       (i) to make payment of compensation or damages to the complainant or to the victim or the members of his family as the Commission may consider necessary;
       (ii) to initiate proceedings for prosecution or such other suitable action as the Commission may deem fit agains

S.12 Amendment of section 21

       In section 21 of the principal Act,--
       (a) for sub-section (2), the following sub-section shall be substituted, namely:--
       "(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 Chief Justice 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.";
       (b) after sub-section (5), the following sub-section shall be inserted, na

S.13 Amendment of section 22

       In section 22 of the principal Act,-- '
       (a) in the marginal heading for the words "other Members", the word "Members" shall be substituted;
       (b) in sub-section (7), for the words "other Members", the word "Members" shall be substituted;
       (c) in sub-section (2), for the words "any vacancy in the Committee", the words, brackets and figure "any vacancy of any Member in the Committee referred to in subsection (1)" shall be substituted.

S.14 Amendment of section 23

       In section 23 of the principal Act,--
       (a) for the marginal heading "Removal of a Member of the State Commission", the marginal heading "Resignation and Removal of Chairperson or a Member of the State Commission" shall be substituted;
       (b) for sub-section (1), the following sub-sections shall be substituted, namely:--
       "(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,

S.15 Substitution of new section for section 24

       For section 24 of the principal Act, the following section shall be substituted, namely:--
       "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 five years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier.
       (2) A person appointed as a Member shall hold office for a term of five years from the date on which he enters upon his office and shall be eligible for re-appointment for another term of five years:
       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 t

S.16 Substitution of new section for section 26

       For section 26 of the principal Act, the following section shall be substituted, namely: --
       "26. Terms and conditions of service of Chairperson and Members of State Commissions.--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.".

S.17 Amendment of section 40

In section 40 of the principal Act, in sub-section (2), in clause (a), for the word "Members", the words "Chairperson and Members" shall be substituted.

S.18 Insertion of new section 40B

       After section 40A of the principal Act, the following section shall be inserted, namely:--
       ''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 ha

S.19 Amendment of section 41

In section 41 of the principal Act, in sub-section (2), in clause (a), for the words "the Members", the words "the Chairperson and Members" shall be substituted.