Bare ActsThe Protection of Human Rights Act 1993

Section 40

Amendment status not verified — confirm the current text below against the official source.

Power oi Central Gover' nment to make rules (1) The Central Government may, bp notification, make rules to carrp o' ut the provisions of ' this Act. (2) In particùlar and without prejudice to the generalitv of the foregoing power, such ruies mag provide for alI or anp of the following m atters nam elg :- (a) the salaries and allowances and other terms and conditions of service of the (Chairperson and Membersll under section 8; (b) the conditions subject to which other administrative, tcchnical and scientific staff may be appointed by the Commission and the salaries and allowances of officers and other staff under sub-. ' section (3) of section 11; ' (c) anp other.power of a civi! cour't required to be prescribed under clause (f) of sub-section (1) of section 13; (d) the form i'n which the annual statement of accounts is to be prepared bp the Commission under sub-section (1 ) of section 34; and (e) anp other matter which has to be, or mav be. prescribed. (3) Everg rule made under tllis Act shall be Iaid, as soon as map be aftcr it is made, before eacb House ol Parliament, while it is in seasion, for a total period of thirtp days which may be comprised in one session or in two or'm ore w ccessive sessions, and if before the expirp J f the serxsion immediatelp following the session or the' successive sessions aforesaid, b0th Houses agree in making anp modific-ation in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect onlv in such modified form or be of no effect, as the case may be; so however, that ang such modification or annulment jhall be without prejudice to the validity of anvthing previouslp done under that rule. : Subs. bp Act 43 of 2006 for ''members'' 27 40 A . Power to m ake rules 'relrospectively- l-he power to m ake rules under clause (b) of sub-section (2) of section 40 shall include the power to m ake such rules or any of them retrospectively from .a date not earlier than the date on which this Act received the assent of the President. but no such retrospective effect shall be given to arll/ such rule so as to prejudiciallp affect the interests of ang person to whom such rule mag be applicable. Pow er of Com m ission to m ake Regulationsl 2I40(B) (1) Subject to the provisions of this Act and the rules made thereunder, the Com m ission m av, with the previous approval of the Central Government, bp notification, make regulations to carry out the provisions of this Act. ' (2) In particular and without prejudice tq thc gencralitg of the foregoing poweq such regulations mag provide' for all or anp of the following m atters namelg:- (a) the procedure to be followed bp the Commission under sub- sectiontz) of Section 10; (b) the returns and statistics to be furnished bp the State Com m ission; (c) any other matter which has to be, or mag be, specified bp rcgulations. ' (3) Everv regulation made W the Commission under this Act shall be laid. as soon as mag be after it is made, before each House of Parliament, while it is in session, for a total period of thirty daps which map be comprised in one session or in two or more successive sessions, and if, before the expiry of the session or the successivi sessions aforesaid, b0th Houses agree in m aking anv m odification in the regulations or b0th Houses agree that the regulation should not be made, the regulation shail thereafter have effect onlv in such modified form or be of no effect, as the case mav be; so however, that anp such modification or annulment shall be without yrejudice to the validity of angthing previouslp done under that regulation.l : Insei-ted bv Act 43 of 2006 2 lnserted bp Act 43 of 2006 28

Section 40 – The Protection of Human Rights Act 1993 | DailyLaw.ai