In exercise of the powers conferred by
section 29 read with sub-section (2) of section 10 of the Protection of Human
Rights Act, 1993 (No. 10 of 1994), the State Human Rights Commission, Himachal
Pradesh hereby makes the following regulations, namely: (1)
These Regulations may be called the Himachal
Pradesh State Human Rights Commission (Procedure) Regulations, 1996. (2)
They shall come into force on the date of
their publication in the Official Gazette. In these regulations unless the
context otherwise required, (a)
"Act" means the Protection of Human
Rights Act, 1993; (b)
"the Chairman," means the
Chairperson of the Himachal Pradesh State Human Rights Commission; (c)
"Commission" means the Himachal
Pradesh State Human Rights Commission; (d)
"Member" means a member of the
Commission and includes the Chairperson. The Headquarter of the Commission
shall located at Shimla. The Commission shall ordinarily hold
its meetings and sittings in its office located at Shimla. However, it may, in
its discretion, hold its meetings and sittings at any other place in the State
of Himachal Pradesh if it considers it necessary and expedient. The Commission shall ordinarily have
its regular sittings in the first and third weeks of every Month, excepting
holidays. However, the Chairperson himself or at the instance of one or more of
the Members may direct a special sittings of the Commission to be convened to
consider any specific matter of urgency. The Secretary, alongwith such other
officer(s) of the Commission as may be directed by the Chairperson, or
considered necessary shall attend the meetings of the Commission. The Secretary shall in consultation
with the Chairperson prepare the agenda for each meeting of the Commission and
shall cause notes thereon to be prepared by the Secretariat. Such notes shall,
as far as possible, be self-contained. Specific files covering the Agenda items
shall be made readily available to the Commission for reference. The agenda
papers shall ordinarily be circulated to the members at least two clear days in
advance of every meeting; but when matters are set down only for hearing, cause
list of the day of sitting shall be prepared and circulated. (1)
All complaints in whatever form received by
the Commission shall be registered and assigned a number and placed for
admission before the Chairperson for the purpose not later than two weeks of
receipt thereof. Ordinarily, complaints of the following nature ate not
entertainable by the Commission: (a)
in regard to events which happened more than
one year before the making of the complaints; (b)
with regard to matters which are subjudice; (c)
which are vague, anonymous or pseudonymous; (d)
which are of frivolous nature; or (e)
those which are outside the preview of the
Commission; (f)
no fee is chargeable on complaints. (2)
Every attempt should be made to disclose a
complete picture of the matter leading to the complaint and the same may be
made in English or Hindi to enable the Commission to take immediate action. To
facilitate the filing of the complaints, the Commission shall, however,
entertain complaints in any language included in Eighth Schedule of the
Constitution. It shall be open to the Commission to ask for further information
and affidavits to be filed in support of allegations whenever considered
necessary. (3)
The Commission, in its discretion, except
telegraphic, telephonic and FAX complaints if conveyed through reliable and
verifiable sources. (4)
The Chairperson shall have the power to
dismiss a complaint in liminqi which is outside the purview of the Commission. (5)
The Chairperson may, in appropriate case,
issue interim directions at his own level. (6)
Any member of the Commission can take
cognizance of any matter relating to violation of human rights but he will, at
the earliest, bring the same to the notice of the Chairperson. (7)
The Chairperson and at least one member and
in the absence of the Chairperson two members may, in appropriate case,
constitute the quorum for the meeting of the Commission. (8)
Upon admission of a complaint, the
Chairperson/Commission shall direct whether the matter would be set down for
inquiry by it or should be investigated into and the Chairperson or the
Commission shall have the power to assign the enquiry/investigation to any
person whosoever, in the circumstances of the case, is considered proper and
suitable. (9)
On every complaint on which a decision is
taken by the Chairperson/Commission to either hold an inquiry of investigation,
the Secretariat shall call for reports/comments from the concerned Government/
authority giving the latter a reasonable time therefor. (10)
On receipt of the comments of the concerned
authority, a detailed note on the merits of the case shall be prepared for consideration
of the Commission. (11)
The directions and recommendations of the
Commission shall be communicated to the concerned Government/authority and the
petitioner as provided for in section 18 of the Act. (12)
The Commission may, in its discretion, afford
a reasonable opportunity of being heard to the petitioner or any other person
on his behalf and such other person or persons in the opinion of the Commission
should be heard in the matter before it and, where necessary, call for records
and examine witnesses in connection with it The Commission shall afford a
reasonable hearing, including, if requested for, an opportunity of cross
examining witnesses and leading of evidence, to a person whose conduct is
enquired into by it or where in its opinion the reputation of such person is
likely to be prejudicially affected. (13)
When investigation is undertaken by a team of
the Commission or by any other person under its direction, the report shall be
submitted within a week of its completion, or such further time as the Commission
may allow. The Commission may in its discretion, direct further investigation
in a given case if it is of opinion that investigation has not been proper or
the matter requires further investigation for ascertaining the truth or
enabling it to properly dispose of the matter. On receipt of the report, the
Commission on its own motion, or if moved in the matter, may direct an inquiry
by it in appropriate cases and receive evidence in course of such inquiry. (14)
The Commission or any of its Members, or any
other gazetted officer under the directions of the Chairperson, may undertake
visit for an on the spot study and where such study is undertaken by one or
more member or a gazetted officer as the case may be, a report thereon shall be
furnishes to the Commission as early as possible. (15)
The Commission may, in its discretion,
associate in its meetings social activists and, or, representatives of
non-governmental organisations. (a)
The minutes of each meeting of the Commission
shall be recorded during the meeting itself or immediately thereafter by the
Secretary or by any other officer as directed. Such minutes shall be submitted
to the Chairperson for his approval. The same shall be got confirmed from the
Commission in its next meeting. (b)
The conclusions of the Commission in every
matter undertaken by it shall be recorded in the form of an opinion. Dissenting
opinion, if given, shall also form part of and be kept on record. Action shall
taken on the basis of the majority opinion where there be any difference. (c)
Follow-up-action.-Unless specifically
authorised, no action shall be taken by the office of the Commission on the
minutes of the meetings until the same are confirmed by the Chairperson. A master copy of the minutes of every
meeting and opinion of the Commission shall be maintained duly authenticated by
the Secretary a copy of the minutes pertaining to each item shall added to the
relevant file for appropriation action. Options shall be kept in the respective
records and for convenience, Copies thereof with appropriate indexing shall be
kept in guard files. Report of follow-up action shall be
submitted to the Commission at every subsequent sitting indicating therein the
present state on each item on which the Commission had taken a decision in any
of its earlier meetings, excepting the items on which no further action is
called for. The Commission or its members may
transact business at places outside its Headquarters as and when previously
approved by the Chairperson. (1)
Orders and decisions of the Commission shall
be authenticated by the Secretary or any officer of the Commission (authorised
by the Chairperson) not below the rank of an Under Secretary. (2)
Copies of enquiry reports or orders passed
finally disposing of matter by the Commission shall be furnished free of cost
to the petitioner or his representative. (3)
Unless any document is classified by the
Commission as confidential, copy thereof would be available to the parties in
the matter on payment of copying fee as prescribed by rules applicable to the
High Court in this behalf. Every effort should be made to provide the copies
with utmost expedition and, in any case, not later than one week of the date of
request. The Commission shall furnish its
annual report for the period commencing from 1st April of the year 31st March
of the succeeding year to the State Government as provided in section 28 of the
Act. The original report shall be signed by the Chairperson and members of the
Commission and appropriately preserved and duty authenticated copy shall be
sent to the State Government by the end of May of every year. The Commission may furnish such
Special report on specific matter as may be considered necessary in terms of
section 28 of the Act. Every report to which section 18 of
the Act applies shall be sent to the State Government, authority or person, as
the case may be, as expeditiously as possible after the completion of the
proceedings before the Commission shall publish the report in the manner
provided in section 18(6) of the Act. As and when any matter which is not
covered by these regulations arises, it shall be competent for the Commission
to make appropriate directions and the Commission may add, delete, amplify and
amend these regulations from time to time. HIMACHAL PRADESH STATE HUMAN RIGHTS COMMISSION (PROCEDURE)
REGULATIONS, 1996
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