21. Constitution of State Human Rights Commission.—(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.
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[(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;
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).
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(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
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[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:
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* * * * *
3
[(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.]
4
[(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, 5
[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 6
[Union territory of Delhi, Union territory of
Jammu and Kashmir and Union territory of Ladakh] shall be dealt with by the Commission.]
22. Appointment of Chairperson and 7
[Members] of State Commission.—(1) The Chairperson
and 7
[Members] 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—
1. 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).
2. 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).
3. Ins. by Act 43 of 2006, s. 12 (w.e.f. 23-11-2006).
4. Ins. by Act 19 of 2019, s. 5 (w.e.f. 2-8-2019).
5. 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).
6. 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).
7. Subs. by Act 43 of 2006, s. 13, for “other Members” (w.e.f. 23-11-2006).
(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:
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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 1
[any vacancy of any Member in the Committee referred to in sub-section (1)].
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[23. Resignation and Removal of Chairperson or a Member of the State Commission].—3
[(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 4
[sub-section (1A)] the President may by order remove from office
the Chairperson or any 5
[Member] if the Chairperson or such 5
[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; or
(e) is convicted and sentenced to imprisonment for an offence which in the opinion of the
President involves moral turpitude.
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[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 7
[three years] from the date on which he enters
upon his office or until he attains the age of seventy years, whichever is earlier 8
[and shall be eligible for
re-appointment].
(2) A person appointed as a Member shall hold office for a term of 7
[three years] from the date on
which he enters upon his office and shall be eligible for re-appointment 9
***:
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.]
25. 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.
1. Subs. by Act 43 of 2006, s. 13, for “any vacancy in the Committee” (w.e.f. 23-11-2006).
2. Subs. by s. 14, ibid., for “Removal of a Member of the State Commission” (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 “sub-section (1)” (w.e.f. 23-11-2006).
5. Subs. by s. 14, ibid., for “other Member” (w.e.f. 23-11-2006).
6. Subs. by Act 43 of 2006, s. 15, for section 24 (w.e.f. 23-11-2006).
7. Subs. by Act 19 of 2019, s. 6, for “five years” (w.e.f. 2-8-2019).
8. Ins. by s. 6, ibid. (w.e.f. 2-8-2019).
9. The words “for another term of five years” omitted by Act 19 of 2019, s. 6 (w.e.f. 2-8-2019).
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(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.
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[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.]
27. Officers and other staff of the State Commission.—(1) The State Government shall make
available to the Commission—
(a) an officer not below the rank of a Secretary to the State Government who shall be the
Secretary of the State Commission; and
(b) such police and investigative staff under an officer not below the rank of an Inspector
General of Police and such other officers and staff as may be necessary for the efficient
performance of the functions of the State Commission.
(2) Subject to such rules as may be made by the State Government in this behalf, the State
Commission may appoint such other administrative, technical and scientific staff as it may consider
necessary.
(3) The salaries, allowances and conditions of service of the officers and other staff appointed under
sub-section (2) shall be such as may be prescribed by the State Government.
28. Annual and special reports of State Commission.—(1) The State Commission shall submit an
annual report to the State Government 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 State Government shall cause the annual and special reports of the State Commission to
be laid before each House of State Legislature where it consists of two Houses, or where such Legislature
consists of one House, before that House along with a memorandum of action taken or proposed to be
taken on the recommendations of the State Commission and the reasons for non-acceptance of the
recommendations, if any.
29. Application of certain provisions relating to National Human Rights Commission to State
Commissions.—The provisions of sections 9, 10, 12, 13, 14, 15, 16, 17 and 18 shall apply to a State
Commission and shall have effect, subject to the following modifications, namely:—
(a) references to “Commission” shall be construed as references to “State Commission”;
(b) in section 10, in sub-section (3), for the word “Secretary-General”, the word
“Secretary” shall be substituted;
(c) in section 12, clause (f) shall be omitted;
(d) in section 17, in clause (i), the words “Central Government or any” shall be omitted.