36. Matters not subject to jurisdiction of the Commission.—(1) The Commission shall not
inquire into any matter which is pending before a State Commission or any other Commission duly
constituted under any law for the time being in force.
(2) The Commission or the State Commission shall not inquire into any matter after the expiry of
one year from the date on which the act constituting violation of human rights is alleged to have been
committed.
37. Constitution of special investigation teams.—Notwithstanding anything contained in any other
law for the time being in force, where the Government considers it necessary so to do, it may constitute
one or more special investigation teams, consisting of such police officers as it thinks necessary for
purposes of investigation and prosecution of offences arising out of violations of human rights.
38. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against
the Central Government, State Government, 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 or any order made thereunder 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, paper or proceedings.
39. Members and officers to be public servants.—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).
40. Power of 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) 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.
1. Subs. by Act 43 of 2006, s.17, for “Members” (w.e.f. 23-11-2006).
16
(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
[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.]
2
[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.]
41. 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) the salaries and allowances and other terms and conditions of service of 3
[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.
42. 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,
1. Ins. by Act 49 of 2000, s. 2 (w.e.f. 11-12-2000).
2. Ins. by Act 43 of 2006, s. 18 (w.e.f. 23-11-2006).
3. Subs. by s. 19, ibid., for “the Members” (w.e.f. 23-11-2006).
17
not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing
the difficulty:
Provided that no such order shall be made 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, as soon as may be after it is made, be laid before each
House of Parliament.
43. Repeal and savings.—(1) The Protection of Human Rights Ordinance, 1993 (Ord. 30 of 1993) is
hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance,
shall be deemed to have been done or taken under the corresponding provisions of this Act