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Home Bare Acts Phrase: right handProtection of Human Rights Act, 1993 Chapter V
Title: State Human Rights Commissions
State: Central
Year: 1993
..... Provided that every appointment made under this sub-section shall be made after obtaining the recommendations of the Committee referred to in sub-section (1) of section 22 in respect of the State for which a common Chairperson or Member, or both, as the case may be, is to be appointed.] ____________________________________________ 1. Substituted for the following by the Protection of Human Rights (Amendment) Act, 2006, w.e.f 23.11.2006. " (2) The State Commission shall consist of-- (a) a Chairperson who has been a Chief Justice of a High Court; (b) one Member who is, or has been, a Judge of a High Court; (c) one Member who is, or has been, a district judge in that State; (d) two members to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights." 2. Inserted by the Protection of Human Rights (Amendment) Act, 2006, w.e.f 23.11.2006. Section 22 - Appointment of Chairperson and Members of State Commission Section 22 - Appointment of Chairperson and1[Members] of State Commission (1) The Chairperson and1[Members] shall be appointed by the Governor by warrant under his hand and seal: Provided that.....
View Complete Act List Judgments citing this sectionProtection of Human Rights Act, 1993 Chapter II
Title: The National Human Rights Commission
State: Central
Year: 1993
.....by the Commission (1) The Commission shall meet at such time and place as the Chairperson may think fit. 1[(2) Subject to the provisions of this Act and the rules made thereunder, the Commission shall have the power to lay down by regulations its own procedure.] (3) All orders and decisions of the Commission shall be authenticated by the Secretary-General or any other officer of the Commission duly authorised by the Chairperson in this behalf. ____________________________________________ 1. Substituted for the following by the Protection of Human Rights (Amendment) Act, 2006, w.e.f 23.11.2006. " (2) The Commission shall regulate its own procedure. " Section 11 - Officers and other staff of the Commission (1) The Central Government shall make available to the Commission-- (a) an officer of the rank of Secretary to the Government of India who shall be the Secretary-General of the Commission; and (b) such police and investigative staff under an officer not below the rank of a Director General of Police and such other officers and staff as may be necessary for the efficient performance of the functions of the Commission. (2) Subject to such rules as may.....
View Complete Act List Judgments citing this sectionProtection of Human Rights Act, 1993 Amending Act 1
Title: Protection of Human Rights (Amendment) Act, 2006
State: Central
Year: 1993
.....figure "vacancy of any member in the Committee referred to in the first proviso to sub-section (1)" shall be substituted. 5. Substitution of new section for section 5.-- For section 5 of the principal Act, the following section shall be substituted, namely:-- "5. Resignation and removal of Chairperson and Members.--(1) The Chairperson or any Member may, by notice in writing under his hand addressed to the President of India, resign his office. (2) Subject to the provisions of sub-section (3), the Chairperson or any Member shall only be removed from his office by order of the President of India on the ground of proved misbehaviour or incapacity after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf by the Supreme Court, reported that the Chairperson or the Member, as the case may be, ought on any such ground to be removed. (3) Notwithstanding anything in sub-section (2), the President may, by order, remove from office the Chairperson or any Member if the Chairperson or such Member, as the case may be,-- (a) is adjudged an insolvent; or (b) engages during his term of.....
View Complete Act List Judgments citing this sectionCommissions for Protection of Child Rights Act, 2005 Chapter II
Title: The National Commission for Protection of Child Rights
State: Central
Year: 2005
.....case may be, a Member, -- (a) becomes subject to any of the disqualifications mentioned in section 7; or (b) tenders his resignation under sub-section (2) of section 5, his seat shall thereupon become vacant. (2) If a casual vacancy occurs in the office of the Chairperson or a Member, whether by reason of his death, resignation or otherwise, such vacancy shall be filled within a period of ninety days by making afresh appointment in accordance with the provisions of section 4 and the person so appointed shall hold office for the remainder of the term of office for which the Chairperson, or a Member, as the case may be, in whose place he is so appointed would have held that office. Section 9 - Vacancies, etc., not to invalidate proceedings of Commission No act or proceeding of the Commission shall be invalid merely by reason of-- (a) any vacancy in, or any defect in the constitution of, the Commission; or (b) any defect in the appointment of a person as the Chairperson or a Member; or (c) any irregularity in the procedure of the Commission not affecting the merits of the case. Section 10 - Procedure for transaction of business (1) The Commission shall meet.....
View Complete Act List Judgments citing this sectionCommissions for Protection of Child Rights Act, 2005 Chapter IV
Title: State Commissions for Protection of Child Rights
State: Central
Year: 2005
.....payable to the Secretary, other officers and employees referred to in section 21, shall be paid out of the grants referred to in sub-section (1) of section 28. Section 23 - Annual and special reports of State Commission (1) The State Commission shall submit an annual report to the State Government and may at any time submit special reports on any matter which, in its opinion, is of such urgency or importance that it should not be deferred till submission of the annual report. (2) The State Government shall cause all the reports referred to in sub-section (1) to be laid before each House of State Legislature, where it consists of two Houses, or where such Legislature consists of one House, before that House along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations. (3) The annual report shall be prepared in such form, manner and contain such details as may be prescribed by the State Government. Section 24 - Application of certain provisions relating to National Commission for Protection of Child Rights to State Commissions The.....
View Complete Act List Judgments citing this sectionScheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Chapter 2
Title: Forest Rights
State: Central
Year: 2006
.....forest dwellers, as the case may be, which are not mentioned in clauses (a) to (k) but excluding the traditional right of hunting or trapping or extracting a part of the body of any species of wild animal; (m) right to in situ rehabilitation including alternative land in cases where the Scheduled Tribes and other traditional forest dwellers have been illegally evicted or displaced from forest land of any description without receiving their legal entitlement to rehabilitation prior to the 13th day of December, 2005. (2) Notwithstanding anything contained in the Forest (Conservation) Act,1980 (69 of 1980), the Central Government shall provide for diversion of forest land for the following facilities managed by the Government which involve felling of trees not exceeding seventy-five trees per hectare, nemely:-- (a) schools; (b) dispensary or hospital; (c) anganwadis; (d) fair price shops; (e) electric and telecommunication lines; (f) tanks and other minor water bodies; (g) drinking water supply and water pipelines; (h) water or rain water harvesting structures; (i) minor irrigation canals; (j) non-conventional source of energy; (k) skill upgradation or.....
View Complete Act List Judgments citing this sectionScheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Chapter III
Title: Recognition, Restoration and Vesting of Forest Rights and Related Matters
State: Central
Year: 2006
.....procedure is complete. (6) Where the forest rights recognised and vested by sub-section (1) are in respect of land mentioned in clause (a) of sub-section (1) of section 3 such land shall be under the occupation of an individual or family or community on the date of commencement of this Act and shall be restricted to the area under actual occupation and shall in no case exceed an area of four hectares. (7) The forest rights shall be conferred free of all encumbrances and procedural requirements, including clearance under the Forest (Conservation) Act, 1980 (69 of 1980), requirement of paying the 'net present value' and 'compensatory afforestation' for diversion of forest land, except those specified in this Act. (8) The forest rights recognised and vested under this Act shall include the right of land to forest dwelling Scheduled Tribes and other traditional forest dwellers who can establish that they were displaced from their dwelling and cultivation without land compensation due to State development interventions, and where the land has not been used for the purpose for which it was acquired within five years of the said acquisition. Section 5 - Duties of holders of.....
View Complete Act List Judgments citing this sectionScheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Section 4
Title: Recognitionof, and Vesting Of, Forest Rights in Forest Dwelling Scheduled Tribes and Othertraditional Forest Dwellers
State: Central
Year: 2006
.....and verification procedure is complete. (6) Where the forest rights recognised and vested by sub-section (1) are in respect of land mentioned in clause (a) of sub-section (1) of section 3 such land shall be under the occupation of an individual or family or community on the date of commencement of this Act and shall be restricted to the area under actual occupation and shall in no case exceed an area of four hectares. (7) The forest rights shall be conferred free of all encumbrances and procedural requirements, including clearance under the Forest (Conservation) Act, 1980 (69 of 1980), requirement of paying the 'net present value' and 'compensatory afforestation' for diversion of forest land, except those specified in this Act. (8) The forest rights recognised and vested under this Act shall include the right of land to forest dwelling Scheduled Tribes and other traditional forest dwellers who can establish that they were displaced from their dwelling and cultivation without land compensation due to State development interventions, and where the land has not been used for the purpose for which it was acquired within five years of the said acquisition.
View Complete Act List Judgments citing this sectionRight of Children to Free and Compulsory Education Act 2009 Chapter VI
Title: Protection of Right of Children
State: Central
Year: 2009
.....Child Rights or the authority prescribed under sub-section (3) of section 31, as the case may be, as provided under clause (c) of sub-section (1) of section 31. Section 33 - Constitution of National Advisory Council (1) The Central Government shall constitute, by notification, a National Advisory Council, consisting of such number of Members, not exceeding fifteen, as the Central Government may deem necessary, to be appointed from amongst persons having knowledge and practical experience in the field of elementary education and child development. (2) The functions of the National Advisory Council shall be to advise the Central Government on implementation of the provisions of the Act in an effective manner. (3) The allowances and other terms and conditions of the appointment of Members of the National Advisory Council shall be such as may be prescribed. Section 34 - Constitution of State Advisory Council (1) The State Government shall constitute, by notification, a State Advisory Council consisting of such number of Members, not exceeding fifteen, as the State Government may deem necessary, to be appointed from amongst persons having knowledge and practical experience.....
View Complete Act List Judgments citing this sectionRIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT 2009 Section 31
Title: Monitoring of child's right to education
State: Central
Year: 2009
.....of Child Rights constituted under section 3, or, as the case may be, the State Commission for Protection of Child Rights constituted under section 17, of the Commissions for Protection of Child Rights Act, 2005 (4 of 2006), shall, in addition to the functions assigned to them under that Act, also perform the following functions, namely:-- (a) examine and review the safeguards for rights provided by or under this Act and recommend measures for their effective implementation; (b) inquire into complaints relating to child's right to free and compulsory education; and (c) take necessary steps as provided under sections 15 and 24 of the said Commissions for Protection of Child Rights Act. (2) The said Commissions shall, while inquiring into any matters relating to child's right to free and compulsory education under clause (c) of sub-section (1), have the same powers as assigned to them respectively under sections 14 and 24 of the said Commissions for Protection of Child Rights Act. (3) Where the State Commission for Protection of Child Rights has not been constituted in a State, the appropriate Government may, for the purpose of performing the functions specified.....
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