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Protection 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.....

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Scheduled 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.....

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Scheduled 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.....

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Scheduled 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.

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Right 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.....

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Protection 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.....

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RIGHT 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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Protection of Plant Varieties and Farmers-rights Act, 2001 Section 28

Title: Registration to Confer Right

State: Central

Year: 2001

.....with the prescribed fees to the Registrar to register his title and the Registrar shall, on receipt of application and on proof of title to his satisfaction, register him as an agent or a licensee, as the case may be, in respect of the variety for which he is entitled for such right, and shall cause particulars of such entitlement and conditions or restrictions, if any, subject to which such entitlement is made, to be entered in the Register: Provided that when the validity of such entitlement is in dispute between the parties, the Registrar may refuse to register the entitlement and refer the matter in the prescribed manner to the Authority and withhold the registration of such entitlement until the right of the parties in dispute so referred to has been determined by the Authority. (5) The Registrar shall issue a certificate of registration under sub-section (4) to the applicant after such registration and shall enter in the certificate the brief conditions of entitlement, if any, in the prescribed manner, and such certificate shall be the conclusive proof of such entitlement and the conditions or restrictions thereof, if any. (6) Subject to any agreement subsisting.....

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Protection 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.....

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Petroleum and Minerals Pipelines (Acquisition of Right of User in Land ) Act, 1962 Section 6

Title: Declaration of Acquisition of Right of User

State: Central

Year: 1962

.....(2) of that section, that authority shall, as soon as may be1[either make a report in respect of the land described in the notification under sub-section (1) of section 3, or make different reports in respect of different parcels of such land, to the Central Government containing his recommendations on the objections, together with the record of the proceedings held by him, for the decision of that Government] and upon receipt of such report the Central Government shall2[if satisfied that such land is required for laying any pipeline for the transport of petroleum or any mineral]declare, by notification in the Official Gazette, that the right of the use in the land for laying the pipelines should be acquired.2[and different declarations may be made from time to time in respect of different parcels of the land described in the notification issued under sub-section (1) of section 3, irrespective of whether one report or different reports have been made by the competent authority under this section] (2) On the publication of the declaration under sub-section (1) the right of user3[in the land specified therein] shall vest absolutely in the Central Government free from all.....

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