Daily Email Newsletter (Sign-up Free)

Section 40B Protection of Human Rights Act 1993: Power of Commission to make regulations

Section 40B (Power of Commission to make regulations) under Chapter VIII (Miscellaneous) of the Protection of Human Rights Act, 1993 —

❝(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.❞

*Section 40B was newly inserted by Act 43 of 2006, s. 18 (w.e.f. 23-11-2006).



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.