Daily Email Newsletter (Sign-up Free)

Section 40 Protection of Human Rights Act 1993: Power of Central Govt to make rules

Section 40 (Power of Central Government to make rules) under Chapter VIII (Miscellaneous) of the Protection of Human Rights Act, 1993 —

❝(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 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.❞



The Protection of Human Rights Act, 1993 (No. 10 of 1994) was amended by:
- the Protection of Human Rights (Amendment) Act, 2000 (No. 49 of 2000) (w.e.f. 11-12-2000);
- the Protection of Human Rights (Amendment) Act, 2006 (No. 43 of 2006) (w.e.f. 23-11-2006).

No comments:

Post a Comment

In comment with "Name/Url" option, only Name is mandatory to be filled.