NO. 19 OF 2019
[27th July, 2019.]
An Act further to amend the Protection of Human Rights Act, 1993.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—
1. Short title and commencement.
(1) This Act may be called the Protection of Human Rights (Amendment) Act, 2019.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. Amendment of section 2.
In the Protection of Human Rights Act, 1993 (hereinafter referred to as the principal Act), in section 2, in sub-section (1),––
(i) after clause (b), the following clause shall be inserted, namely:—
‘(ba) “Chief Commissioner” means the Chief Commissioner for Persons with Disabilities referred to in sub-section (1) of section 74 of the Rights of Persons with Disabilities Act, 2016;’;
(ii) after clause (g), the following clause shall be inserted, namely:—
‘(ga) “National Commission for Backward Classes” means the National Commission for Backward Classes constituted under section 3 of the National Commission for Backward Classes Act, 1993;’;
(iii) after clause (h), the following clause shall be inserted, namely:—
‘(ha) “National Commission for Protection of Child Rights” means the National Commission for Protection of Child Rights constituted under section 3 of the Commissions for Protection of Child Rights Act, 2005;’.
3. Amendment of section 3.
In section 3 of the principal Act,—
(a) in sub-section (2),—
(i) in clause (a), for the words “Chief Justice”, the words “Chief Justice of India or a Judge” shall be substituted;
(ii) in clause (d), for the words “two Members”, the words “three Members, out of which at least one shall be a woman,” shall be substituted;
(b) in sub-section (3),—
(i) for the words “the National Commission for Minorities”, the words “, the National Commission for Backward Classes, the National Commission for Minorities, the National Commission for Protection of Child Rights” shall be substituted;
(ii) for the words “and the National Commission for Women”, the words “the National Commission for Women and the Chief Commissioner for Persons with Disabilities” shall be substituted;
(c) in sub-section (4), for the portion beginning with “shall exercise such powers and discharge such functions” and ending with “as the case may be”, the following shall be substituted, namely:—
“shall, subject to control of the Chairperson, exercise all administrative and financial powers (except judicial functions and the power to make regulations under section 40B).”.
4. Amendment of section 6.
In section 6 of the principal Act,—
(i) in sub-section (1),—
(a) for the words “five years”, the words “three years” shall be substituted;
(b) after the words “whichever is earlier” occurring at the end, the words “and shall be eligible for re-appointment” shall be inserted;
(ii) in sub-section (2),—
(a) for the words “five years”, the words “three years” shall be substituted;
(b) the words “for another term of five years” shall be omitted.
5. Amendment of section 21.
In section 21 of the principal Act,—
(i) in sub-section (2), in clause (a), for the words “Chief Justice”, the words “Chief Justice or a Judge” shall be substituted;
(ii) in sub-section (3), for the words “shall exercise such powers and discharge such functions of the State Commission as it may delegate to him”, the words “shall, subject to control of the Chairperson, exercise all administrative and financial powers of the State Commission” shall be substituted;
(iii) after sub-section (6), the following sub-sections shall be inserted, namely:—
“(7) Subject to the provisions of section 12, the Central Government may, by order, confer upon the State Commission the functions relating to human rights being discharged by the Union territories, other than the Union territory of Delhi.
(8) The functions relating to human rights in case of Union territory of Delhi shall be dealt with by the Commission.”.
6. Amendment of section 24.
In section 24 of the principal Act,—
(i) in sub-section (1),—
(a) for the words “five years”, the words “three years” shall be substituted;
(b) after the words “whichever is earlier” occurring at the end, the words “and shall be eligible for re-appointment” shall be inserted;
(ii) in sub-section (2),––
(a) for the words “five years”, the words “three years” shall be substituted;
(b) the words “for another term of five years” occurring at the end, shall be omitted.
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DR. REETA VASISHTA,
Additional Secretary to the Govt. of India.
