Bare Acts

CHAPTER VII MISCELLANEOUS


31. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding
shall lie against the Central Government, the State Government, the Commission, the State
Commission, or any Member thereof or any person acting under the direction either of the Central
Government, State Government, Commission or the State Commission, in respect of anything which
is in good faith done or intended to be done in pursuance of this Act or of any rules made there under
or in respect of the publication by or under the authority of the Central Government, State
Government, Commission, or the State Commission of any report or paper.
32. Chairperson, Members and other officers to be public servant.—Every Member of the
Commission, State Commission and every officer appointed in 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).
33. Directions by Central Government.—(1) In the discharge of its functions under this Act, the
Commission shall be guided by such directions on questions of policy relating to national purposes, as
may be given to it by the Central Government.
(2) If any dispute arises between the Central Government and the Commission as to whether a
question is or is not a question of policy relating to national purposes, the decision of the Central
Government thereon shall be final.
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34. Returns or information.—The Commission shall furnish to the Central Government such
returns or other information with respect to its activities as the Central Government may, from time to
time, require.
35. Power to Central Government to make rules.—(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) terms and conditions of service of the Chairperson and Members of the Commission and
their salaries and allowances under section 6;
(b) the procedure to be followed by the Commission in the transaction of its business at a
meeting under sub-section (4) of section 10;
(c) the powers and duties which may be exercised and performed by the Member- Secretary
of the Commission under sub-section (2) of section 11;
(d) the salary and allowances and other terms and conditions of service of officers and other
employees of the Commission under sub-section (3) of section 11; and
(e) form of the statement of accounts and other records to be prepared by the Commission
under sub-section (1) of section 29.
(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 afore said, 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 with out prejudice to the validity of anything previously done
under that rule.
36. Power of State Government to make rules.—(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) terms and conditions of service of the Chairperson and Members of the State Commission
and their salaries and allowances under section 20;
(b) the procedure to be followed by the State Commission in the transaction of its business at
a meeting under sub-section (4) of section 10 read with section24;
(c) the powers and duties which may be exercised and performed by the Secretary of the State
Commission under sub-section (2) of section 21;
(d) the salary and allowances and other terms and conditions of service of officers and other
employees of the State Commission under sub-section (3) of section 21; and
(e) form of the statement of accounts and other records to be prepared by the State
Commission under sub-section (1) of section 30.
(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 State Legislature consists of one House, before that House.
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37. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order published in the Official Gazette, make such
provisions, not inconsistent with the provisions of this Act, as may appear to be necessary for
removing the difficulty:
Provided that no order shall be made under this section after the expiry of the period of two years
from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before
each House of Parliament.

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