In exercise of the powers conferred by Section 41
of the Protection of Human Rights Act, 1993 (Central Act 10 of 1994), the
Government of Tripura hereby makes the following rules, namely:- (i) These may be called 'The Tripura Human Rights Commission Rules,
2015"; (ii) They shall come into force on the date of Their publication in the State
Gazette. (i) In these Rules, unless the context otherwise requires,- (a) "'Act" means the Protection of Human Rights Act, 1993 (Central
Act 10 of 1994); (b) "Chairperson" means the Chairperson of the Commission
appointed under section 22 of the Act; (c) "Commission" means the Tripura Human Rights Commission,
constituted under section 21 of the Act; (d) "Member" means the member of the Commission; (ii) All other words and expressions used in these Rules and not defined, but
defined in the Act, shall have meanings respectively assigned to them in the
Act. The Headquarters of the Tripura Human Rights
Commission shall be at Agartala. (i) There shall be paid to-- (a) the Chairperson, the salary and allowances equal to the salary and
allowances of the Chief Justice of a High Court; (b) a Member, who is or has been a Judge of a High Court, the salary and
allowances equal to the salary and allowances of a Judge of a High Court: (c) a Member, who is or has been a District Judge, the salary and allowances
equal to the salary and allowances of a District Judge; (d) a Member, who is or has been in any other public service under the
Government of the Union or of the State, the salary and allowances equal to the
salary and allowances of such service; (e) a Member, who docs not belong to any category, as mentioned under (b) to
(d) above, the salary and allowances shall be as specified by the State
Government from time to time, by Notification; Provided that if the Chairperson or a Member, at
the time of his appointment is in receipt of or being eligible to receive any
pension and had elected to draw or receive the pension (other than disability
or would pension) in respect of any previous service under the Government of
the Union or of a Slate, his salary in respect of service as a chairperson or
as the case may be a Member, shell be reduced,- (1) by the amount of that pension; (2) if he had, before assuming office, received in lieu of a portion of
pension due to him in respect of such previous service, the commuted value
thereof by the amount of that portion of the pension; and (3) by any other form of retirement benefits, being drawn or availed or to
be drawn or availed of by him. (ii) A person, who, on the date of his appointment as a member of the
Commission, was in any Government service, shall be deemed to have retired from
the service with effect from the date on which he enters upon his office as a
Member of the Commission. (i) A person, on appointment as Chairperson or as a Member shall be entitled
to leave as follows: (a) Earned leave @ fifteen days for every completed Calendar year of service
or a part thereof; (b) Half pay leave on medical certificate or on private affairs @ twenty
days in respect of each completed year of service and the leave salary for half
pay leave shall be equivalent to half of the leave salary admissible during the
earned leave; (c) Leave on half pay can be commuted to full pay leave at the discretion of
the Chairperson or a member, if it is taken on medical ground and is supported
by a medical certificate from the Competent Medical Authority; (d) Extraordinary leave without pay and allowances upto a maximum of one
hundred and eighty days in one term of office. (ii) On the expiry of his term of office in the Commission, the Chairperson
and Members shall be entitled to receive cash equivalent of leave salary in
respect of earned leave standing to their credit subject to the condition that
the maximum of leave encashed under this sub-rule or at the time of retirement
from previous service, as the case may be, or taken together, shall not in any
case exceed 300 days. (iii) The Chairperson and the Members shall be entitled to receive dearness
allowance as admissible on the leave salary under sub-rule (2), at the rates in
force on the date of the relinquishment of their office in the Commission: Provided that he shall not be entitled to city
compensatory allowance or any other allowance on such leave. (iv) If a silting Judge of a High Court is appointed as a member, then,
notwithstanding anything contained in these rules, chapter II of the High Court
Judges (Conditions of Service) Act, 1954 shall apply to him upto the date of
his superannuation as a sitting Judge of a High Court and thereafter he shall
be entitled to leave in accordance with the provision of sub-rules (i) to (iii)
of this rule. The Chairperson and the members shall be entitled
to leave travel concessional the same rates and at the same scale and on the
same conditions as are applicable to a judge of a High Court, The power to grant or refuse leave to the
Chairperson or a Member and to revoke or curtail leave granted to him shall
vest in the Governor and shall be exercised by him and decision thereof be
communicated through officers subordinate to him in accordance with this
Constitution. The Chairperson and the Members, while on tour
(including the journey undertaken to join the commission or on the expiry of
his term with the Commission to proceed to his home town) shall be entitled to
travelling allowances, allowances for transportation of personal effects and
other similar matters and daily allowances at the same rates as are admissible
to a judge of the High Court of Tripura. (i) The condition of service relating to provision for rent free
accommodation, conveyance facilities, medical facilities and such other
conditions of service as are, for the time being, applicable to a judge of a
High Court under Chapter IV of the High Court Judges (Conditions of Service)
Act, 1954 and the rules made thereunder, as amended from time to time shall, so
far as may apply to the Chairperson, as specified by the State Government from
time to time, by Notification; (ii) The condition of service relating to provision for rent free
accommodation, conveyance facilities, medical facilities and such other
conditions of service of a Member, shall be as specified by the State
Government from time to time, by Notification. Every person holding office as Chairperson or a
Member shall be entitled to subscribe to the General Provident Fund. (i) Notwithstanding anything contained in the foregoing provisions of these
Rules, the Chairperson shall not be paid any salary or allowance, other than
T.A., D.A. and out of pocket expenses, unless and until a Notification in that
regard is issued by the State Government; (ii) The conditions of service of the Chairperson and the Members for which
no express provision is made in these rules shall be determined by the rules
and orders for the time being, applicable to a Chief Justice or a Judge of the
High Court of Tripura, as the case may be. A Chairperson or member may, by writing under his hand
addressed to the Governor, resign his office. (i) The number of employees of the Tripura Human Rights commission, their
qualifications, method of appointment and scale of pay shall be as decided by
the State Government from time to time: (ii) Selection of candidates for appointment to selection categories or
grades in the service shall be made by Departmental Promotion Committee
constituted by the Tripura Human Rights Commission; (iii) the officers and other employees of the Tripura Human Rights Commission
shad be entitled to all allowances and benefits admissible to State Government
Employees with corresponding scales of pay; (iv) In matters relating 10 age for appointment, probation, pay and
allowances, disciplinary actions, benefits and entitlements and age of
retirement, the officers and other employees of the Tripura Human Rights
Commission shall be governed by the rules as are applicable to persons holding
equivalent posts in the services of State Government. In the discharge of their functions under the Act,
the officers and employees referred to in section 27 of the Act shall, while
they arc in the service of the Commission, be subject to the exclusive
administrative and disciplinary control of the Commission. The Commission shall have its own team of
investigation to be headed by a person not below the rank of an Inspector
General of Police appointed by it and such team shall consist of such
categories of police and other officers as may be notified by the Government
from time to time on the recommendation of the Commission. The State Government, if it considers expedient to
do so, shall have the power to relax any of the rules, in respect of any class
or categories of persons, subject to the condition that such relaxation is not
inconsistent with any provision of the Act.TRIPURA HUMAN RIGHTS COMMISSION RULES, 2015
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