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THE NATIONAL COMMISSION FOR CHILDREN BILL, 2001.

A

DRAFT BILL

To constitute a National Commission for the better protection of child rights and for promoting the best interests of the child for matters connected therewith and incidental thereto, within the larger context of promoting and upholding values to strengthen the family, society and the nation.

Chapter-I

Preliminary

1. Short Title, Extent and Commencement

(1) This Bill may be called the National Commission for Children Bill, 1999.

(2) It extends to the whole of India.

    Provided that it shall apply to the State of Jammu and Kashmir only so far as it pertains to the matters related to any of the entries in List I or List III in the Seventh Schedule to the Constitution as applicable to that State

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

1. "Chairperson" means the Chairperson of the Commission and "Vice Chairperson" means the Vice Chairperson of the Commission.

2. "Commission" means the National Commission for Children constituted under section 3 of this Act.

3. "Child rights" means and includes the rights relating to survival, protection, development and participation as elaborated in the Convention on the Rights of the Child, 1989 and the Constitution of India.

4. "Member" means a Member of the Commission and includes the Chairperson;

5. "Notification" means a notification published in the Official Gazette;

6. "Prescribed" means prescribed by rules made under this Act;

7. "Public Servant" shall have the same meaning assigned to it under section 21 of the Indian Penal Code;

8. "National Policy for Children" means the National Policy for Children, 1974, and would include any future amendments to it.

9. " Committee on Appointments" means the Committee as constituted under Section 4(1) for the National Commission for Children and under Section 22(1) for the State Commission for Children.

(2) Any reference in this Act to a law, which is not in force in the State of Jammu and Kashmir, shall, in relation to that State, be construed as a reference to a corresponding law, if any, in force in that State.

 

CHAPTER II

THE NATIONAL COMMISSION FOR CHILDREN

3. Constitution of a National Commission for Children

(1) The Central Government shall constitute a body to be known as the National Commission for Children, to exercise such powers as are conferred upon it, and to perform such functions as are assigned to it, under this Act.

(2) The Commission shall consist of:

(a) a Chairperson who has been a Judge of the Supreme Court of India;

(b) a Vice-Chairperson appointed from amongst the Members;

(c) one Member who is an eminent educationist, preferably in the field of primary education;

(d) one Member who is an eminent expert in child health;

(e) one Member with proven commitment and contribution in the area of social action in child care, child welfare or child rights with experience of at least five years;

(f) one Member who has been active in the field of juvenile justice or care of neglected or marginalized children for at least five years;

(g) one Member with proven commitment and contribution in the field of child labour;

(h) one Member who is an eminent child psychologist or sociologist.

(3) There shall be a Member-Secretary of the Commission, with a rank not lower than that of Joint Secretary/Additional Secretary to the Government of India who shall exercise such powers and discharge such functions of the Commission as may be delegated to her/him.

(4) The Vice-Chairperson of the Commission will exercise all powers of the Chairperson in his/her absence.

(5) The Head Office of the Commission shall be in Delhi and the Commission may, with the permission of the Central Government establish Offices at other places in India.

4. Appointment of the Chairperson and other Members

(1) The Chairperson, Vice-Chairperson and other Members shall be appointed by the President by warrant under his hand and seal.

   Provided that every appointment under this sub-section shall be made after obtaining the recommendations of a Committee on Appointments consisting of

   Provided further that no sitting Judge of the Supreme Court or sitting Chief Justice of a High Court shall be appointed except after consultation with the Chief Justice of India.

(2) No appointment of a Chairperson, Vice-Chairperson or a Member shall be invalid merely by reason of any vacancy in the Committee as constituted under Section 4(1).

5. Removal of a member of the Commission

(1) Subject to the provisions of sub-section (2), the Chairperson, Vice-Chairperson or any other Member of the Commission shall only be removed from his office by order of the President 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, Vice-Chairperson or such other Member, as the case may be, ought on any such ground to be removed.

(2) Notwithstanding anything in sub-section (1), the President may by order remove from office the Chairperson, Vice-Chairperson or any other Member if the Chairperson, Vice-Chairperson or such other Member, as the case may be –

(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid employment outside the duties of his office: or
(c) is unfit to continue in office by reason of infirmity of mind or body; or
(d) is of unsound mind and stands so declared by a competent court; or
(e) is convicted and sentenced to imprisonment for an offence which in the opinion of the President involves moral turpitude.

6. Term of Office and conditions of service of Chairperson, Vice-Chairperson and Members:

(1) The Chairperson, Vice-Chairperson and every Member shall hold office for a term of five years from the date on which he assumes office or until the age of sixty five/seventy years, whichever is earlier.

(2) The Chairperson, Vice-Chairperson or a Member, may in a communication in writing addressed to the President, resign from office at any time,

(3) Any vacancy that is caused shall be filled by fresh appointment.

(4) On ceasing to hold office, a Chairperson, Vice-Chairperson or a Member shall be ineligible for further employment under the Government of India or under the Government of any State.

7. Terms and conditions of service of Chairperson, Vice-Chairperson and Members

(1) The salaries and allowances that are payable to, and other terms and conditions of service of, the Chairperson, Vice-Chairperson and Members shall be such as may be prescribed.

   Provided that neither the salary and allowances nor the other terms and conditions of service of a member shall be varied to his disadvantage after his appointment.

8. Vacancies, etc., not to invalidate proceeding of the commission:

No act or proceeding of the Commission shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the Commission

9. Procedure to be regulated by the Commission:

(1) The Commission shall meet at such time and place as the Chairperson or the Vice-Chairperson, in the absence of Chairperson, may deem fit.

(2) The Commission shall regulate its own procedure.

(3) All orders of the Commission shall be authenticated by the Member-Secretary or any other officer of the Commission duly authorised by the Commission in this behalf.

10. Officers and other staff of the Commission:

(1) The Central Government shall make available to the Commission such Officers and staff as may be necessary for the efficient performance of the functions of the Commission.

(2) The salaries and allowances payable to, and the other terms and conditions of, the officers and other employees appointed for the purpose of the commission shall be such as may be prescribed.

11. Salaries and allowances to be paid out of grants:

The administrative expenses including salaries, allowances and pensions, payable to the officers and other employees of the Commission shall be paid out of the grants referred to in Section 31 of this Act.

12. Committees of the Commission:

The Commission may appoint such committees, rapporteurs, amicus curie, as may be necessary for dealing with such special issues as may be taken up by the Commission from time to time.

CHAPTER III

FUNCTIONS OF THE COMMISSION

13. The Commission shall perform all or any of the following functions:

(a) Oversee proper implementation of the existing laws for children;

(b) Review and recommend revision of existing laws to bring them in harmony with the provisions of Part 3 and Part 4 of the Constitution of India and the National Policy for Children.

(c) Monitor all sectoral policies, welfare programmes and any other pro-active interventions in respect of children and periodically recommend best practices for  effective implementation;

(d) Enquire suo moto or on a petition presented to it by a victim or any person on behalf of the victim, into a complaint of:

         (i) violation of laws pertaining to children or child rights or abetment thereof;
        (ii) negligence in the prevention of such violation by a public servant.

(e) Conduct research and undertake appropriate measures for awareness generation in respect of children's issues, especially children in difficult circumstances, street children and the special circumstances of the girl child, document the same, and make appropriate recommendations for rectifying the problems.

(f) Initiate and encourage study, research and documentation about child abuse and offences committed against the child, and make appropriate recommendations, including about legal processes to develop a child friendly jurisprudence which will respond to the best interests of the child;

(g) study treaties and international instruments on child rights and make recommendations for their effective implementation;

(h) scrutinise, evaluate and monitor steps taken by the Government for the welfare of  children and to recommend suitable measures for achieving the goals laid down in Part III and Part IV of the Constitution of India, the National Policy for children and the National Plan of Action for Children;

(i) visit, under intimation to the state Government or appropriate authority, any jail, lock-up, state home or any other place of residence or institutions meant for children, under the control of the Government or other authority, including institutions run by social organizations, where children are detained or lodged for purposes of treatment, reformation or protection; to study the living conditions of the inmates and make recommendations thereon;

(j) propose, evolve, promote, and help consolidate and multiply creative interventions, through collaboration and dynamic partnership between agencies of the state and voluntary organizations , in keeping with the social and cultural roots of the children;

(k) intervene in any complaint/proceeding involving any allegation of violation of Child Rights pending before a court with the approval of such court;

(l) identify all harmful and dehumanising practices pertaining to the child, especially the girl child, whether within the family, the community, the educational institution, the place of work, or in any institution for children, run by the state or the voluntary sector and take appropriate action.

(m) spread awareness of Child Rights and Duties among various sections of society including children themselves, and need to promote awareness of the safeguards available of these rights and inculcation of duties through publications, the media, seminars and other available means;

(n) such other functions as it may consider necessary for the promotion of Child Rights.

14. Powers relating to inquiries

(1) The Commission shall, while inquiring into complaints under this Act, have all the powers as that of a civil court trying a suit under the Code of Civil Procedure,1908, and in particular in respect of the following matters, namely:

(a) summoning and enforcing the attendance of witnesses and examining them upon oath;
(b) discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses or documents;
(f) any other matter which may be prescribed.

(2) The Commission shall have the power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as, in the opinion of the Commission, may be useful for, or relevant to, the subject matter of inquiry and any person so required shall be deemed to be legally bound to furnish such information within the meaning of section 176 and section 177 of the Indian Penal Code.

(3) The Commission shall be deemed to be a civil court and when any offence as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code is committed in the view or presence of the Commission, the Commission may after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1973 forward the case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under section 346 of the Code of Criminal Procedure,1973.

(4) Every proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of section 193 and 228, and for the purposes of section 196, of the Indian Penal Code, and the Commission shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure,1973.

15. Investigation

(1) The Commission may, for the purpose of conducting any investigation pertaining to the inquiry, utilise the services of any officer or investigation agency of the Central Government or any State Government with the concurrence of the Central Government or the State Government, as the case may be.

(2) For the purpose of investigating into any matter pertaining to the inquiry, any officer or agency whose services are utilised under sub-section(1) may, subject to the direction and control of the Commission -

(a) summon and enforce the attendance of any person and examine him;

(b) require the discovery and production of any document; and

(c) requisition any public record or copy thereof from any office.

(d) The provisions of section 16 shall apply in relation to any statement made by a person before any officer or agency whose services are utilised under sub-section(1) as they apply in relation to any statement made by a person in the course of giving evidence before the Commission.

(e) The officer or agency whose services are utilised under sub-section(1) shall investigate into any matter pertaining to the inquiry and submit a report thereon to the Commission within such period as may be specified by the Commission in this behalf.

(f) The Commission shall satisfy itself about the correctness of the facts stated and the conclusion, if any, arrived at in the report submitted to it under sub-section (4) and for this purpose the Commission may make such inquiry (including the examination of the person or persons who conducted or assisted in the investigation) as it thinks fit.

16. Statement made by persons to the Commission

(1) No statement made by a person in the course of giving evidence before the Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement:

Provided that the statement –

(a) is made in reply to the question which he is required by the Commission to answer; or
(b) is relevant to the subject matter of the inquiry.

If, at any stage of the inquiry, the Commission –

(a) considers it necessary to inquire into the conduct of any person; or

(b) is of the opinion that the reputation of any person is likely to be prejudicially affected by the inquiry;

it shall give to that person a reasonable opportunity of being heard in the inquiry and to produce evidence in his defence:

Provided that nothing in this section shall apply where the credibility of a witness is being impeached.

CHAPTER – IV

PROCEDURE

18. Inquiry into complaints

(1) The Commission while inquiring into the complaints against offences against children or of violations of child rights may –

(i) call for information or report from the Central Government or any

State Government or any other authority or organisation subordinate thereto within such time as may be specified by it;

Provided that-

(a) if the information or report is not received within the time stipulated by the Commission, it may proceed to inquire into the complaint on its own;

(b) if, on receipt of information or report, the Commission is satisfied either that no further inquiry is required or that the required action has been initiated or taken by the concerned Government or authority, it may not proceed with the complaint and inform the complainant accordingly;

(ii) without prejudice to anything contained in clause(1), if it considers necessary, having regard to the nature of the complaint, initiate an inquiry.

19. Steps after inquiry

          The Commission shall take following steps on the completion of an inquiry held under this Act.

a) Send a copy of its enquiry report with its recommendation to the concerned Government or authority and the concerned Government or authority who shall, within a period of one month, or such further time as the Commission may allow, forward its comments on the report, including the action taken or proposed to be taken thereon, to the Commission.

b) the Commission shall publish its inquiry report together with the comments of the concerned Government or authority, if any, and the action taken or proposed to be taken by the concerned Government or authority on the recommendations of the Commission.

c) subject to the provisions of clause(b), provide a copy of the inquiry report to the petitioner or his representative;

d) Where the Inquiry discloses commission of a violation of child rights of a serious nature and in contravention of provisions of law notified by Central Government, it may –

i) recommend to the concerned Government or authority the initiation of proceedings for prosecution or such other action as the Commission may deem fit against the concerned person or persons.

ii) approach the Supreme Court or the High Court concerned for such directions, orders or writs as that Court may deem necessary;

iii) recommend to the concerned Government or authority for the grant of such immediate relief to the victim or the members of his family as the Commission may consider necessary.

20. Annual and special reports of the Commission

(1) The Commission shall submit an annual report to the Central Government and to the State Government concerned 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 Central Government and the State Government, as the case may be, shall cause the annual and special reports of the Commission to be laid before each House of Parliament or the State Legislature respectively, as the case may be, along with a memorandum of action taken or proposed to be taken on the recommendations of the Commission and the reasons for non-acceptance of the recommendations, if any.

 

Chapter V

STATE COMMISSIONS FOR CHILDREN

21. Constitution of State Commissions for Children

1) A State Government may constitute a body to be known as the ……….(name of the State) Commissions for Children to exercise the powers conferred upon, and to perform the functions assigned to, a State Commission under this chapter.

2) The State Commission shall consist of:

(a) a Chairperson who has been a judge of a High Court;
(b) a Vice-Chairperson nominated amongst the Members;
(c) one Member who is an eminent educationist, especially in the field of primary education;
(d) one Member who is an eminent child health specialist;
(e) one Member with proven commitment and contribution in the area of social action in child care, child welfare, or child rights with experience of at least five years;
(f) one person who has been active in the field of Juvenile Justice or care of neglected or marginalised children for at least five years;
(g) one Member with proven commitment and contribution in the field of child labour;
(h) one Member who is an eminent child psychologist or sociologist;

(3) The Vice-Chairperson of the State Commission will exercise all the powers of the Chairperson in his/her absence.

(4) There shall be a Secretary who shall be the Chief Executive Officer of the State Commission and shall exercise such powers and discharge such functions of the State Commission as it may delegate to him.

(5) The headquarters of the State Commission shall be at such place as the State Government may, by notification specify.

    Provided that if any such matter is already being inquired into by the Commission or any other Commission duly constituted under any law for the time being in force, the State Commission shall not inquire into the said matter:

22. Appointment of Chairperson, Vice-Chairperson and other Members of State Commission

1) The Chairperson, Vice-Chairperson and other Members shall be appointed by the Governor by warrant under his hand and seal:

    Provided that every appointment under this sub-section shall be made after obtaining the recommendation of a Committee on Appointments consisting of

       Provided further that where there is a Legislative Council in a State, the Chairman of that Council and the Leader of the Opposition in that Council shall also be members of the Committee.

       Provided also that no sitting Judge of a High Court or a sitting District Judge shall be appointed except after consultation with the Chief Justice of the High Court of the concerned State.

2) No appointment of a Chairperson, Vice-Chairperson or a Member of the State Commission shall be invalid merely by reason of any vacancy in the Committee as constituted under Section 22(1).

23. Removal of a Chairperson, Vice-Chairperson and Member of the State Commission

1) Subject to the provisions of sub-section (2), the Chairperson, Vice-Chairperson or any other member of the State Commission shall only be removed from his office by order of the Governor on the ground of proved misbehaviour or incapacity after the High Court, on a reference being made to it by the Governor, has, on inquiry held in accordance with the procedure prescribed in that behalf by the High Court, reported that the Chairperson, Vice-Chairperson or such other Member, as the case may be, ought on any such ground to be removed.

2) Notwithstanding anything in sub-section (1), the Governor may by order remove from the office the Chairperson, Vice-Chairperson or any other Member if the Chairperson, Vice-Chairperson or such other Members, as the case may be -

(a) is adjudged an insolvent; or
(b) engaged during his term of office in any paid employment outside the duties of his office; or
(c) is unfit to continue in office by reason of infirmity of mind or body; or
(d) is of unsound mind and stands so declared by a competent court; or
(e) is convicted and sentenced to imprisonment for an offence which in the opinion of the Governor involves moral turpitude.

24. Term of office of Chairperson, Vice-Chairperson and Members of the State Commission

(1) A Chairperson, Vice-Chairperson and every Member shall hold office for a term of five years from the date on which he assumes office or until he attains the age of sixty-five/seventy years, whichever is earlier;

(2) The Chairperson, Vice-Chairperson or Member may in a communication in writing addressed to the Governor of the State, resign from office at any time;

(3) Any vacancy that is caused shall be filled by fresh appointment.

(4) A person appointed as a Member shall be eligible for re-appointment for another term of five years.

Provided that no Member shall hold office after he has attained the age of sixty-five/seventy years.

25. Terms and conditions of service of Chairperson, Vice-Chairperson Members of the State Commission

      1) The salaries and allowances payable to, and other terms and conditions of service of, the Chairperson, Vice-Chairperson and Members shall be such as may be prescribed by the State Government.

Provided that neither the salary and allowances nor the other terms and conditions of service of a Member shall be varied to his disadvantage after his appointment.

26. Officers and other staff of the State Commission

(1) The State Government shall make available to the Commission-

(a) an officer not below the rank of a Secretary to the State Government who shall be the Secretary of the State Commission; and

(b) such police and investigative staff under an officer not below the rank of a Deputy  Inspector General of Police and such other officers and staff as may be necessary for the efficient performance of the functions of the State Commission.

(2) Subject to such rules as may be made by the State Government in this behalf, the State Commission may appoint such other administrative, technical and scientific staff as it may consider necessary.

(3) The salaries, allowances and conditions of service of the officers and other staff appointed under sub-section(2) shall be such as may be prescribed by the State Government.

(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 the annual and special reports of the State Commission to be laid before each house of State Legislature whether it consists of two Houses, or where such Legislature consists of one House, before that house along with a memorandum of action taken or proposed to be taken on the recommendations of the State Commission and the reasons for non-acceptance of the recommendations, if any.

28. Application of certain provisions relating to the National Commission for Children to State Commissions for Children

The provisions of Section 8, 9,, 11, 12, 13, 14, 15, 16, 17, 18 and 19 shall apply to a state Commission and shall have effect, subject to the following modifications, namely:-

(a) references to "Commission" shall be construed as references to "State Commission"
(b) in section 9 in sub-section (3) for the word "member secretary " the word "Secretary" shall be substituted;
(c) in section 18, in clause (1)(i), the words " Central Government or any" shall be omitted;

 

CHAPTER VI

CHILDREN'S COURTS

29. For the purpose of providing speedy trial of offences against children or of violation of children's rights, the State Government may, with the concurrence of the Chief Justice of the High Court, by notification, specify for each district a Court of Session to be a Children's Court to try the said offences.

Provided that nothing in this section shall apply if –

(a) a Court of Session is already specified as a special court;
or
(b) a special court is already constituted, for such offences under any other law for the time being in force.

30. Special Public Prosecutor

For every Children's Court, the State Government shall, by notification, specify a Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor for the purpose of conducting cases in that Court.

CHAPTER VII

FINANCE, ACCOUNTS AND AUDIT

31. Grants by the Central Government

1) The Central Government shall after due appropriation made by Parliament by law in this behalf, pay to the Commission by way of grants such sums of money as the Central Government may think fit for being utilised for the purposes of this Act.

2) The Commission may spend such sums as it thinks fit for performing the functions under this Act, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section(1).

32. Grants by the State Government

(1)The State Government shall, after due appropriation made by Legislature by law in this behalf, pay to the State Commission by way of grants such sums of money as the State Government may think fit for being utilised for the purposes of this Act.

(2)The State Commission may spend such sums as it thinks fit for performing the functions under Chapter V, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section(1).

(1) The Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.

(2) The Accounts of the Commission shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Commission to the Comptroller and Auditor-General.

(3) The Comptroller and Auditor-General or any person appointed by him in connection with the audit of the accounts of the Commission under this Act shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Commission.

(4) The accounts of the Commission as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the Central Government by the Commission and the Central Government shall cause the audit report to be laid as soon as may be after it is received before each House of Parliament.

34. Accounts and Audit of State Commission

(1) The State Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the State Government in consultation with the Comptroller and Auditor-General of India.

(2) The accounts of the State Commission shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the State Commission to the Comptroller and Auditor-General.

(3) The Comptroller and Auditor-General or any person appointed by him in connection with the audit of the accounts of the State Commission under this Act shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected voucher and other documents and papers and to inspect any of the offices of the State Commission.

(4) The accounts of the State Commission, as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the State Government by the State Commission and the State Government shall cause the audit report to be laid, as soon as may be after it is received, before the State Legislature.

CHAPTER VIII

MISCELLANEOUS

35. Matters not subject to jurisdiction of the Commission

The Commission shall not inquire into any matter which is pending before any other Commission duly constituted under any law for the time being in force.

36. Constitution of special investigation teams

Notwithstanding anything contained in any other law for the time being in force, where the Government considers it necessary so to do, it may constitute one or more special investigation teams, consisting of such police officers as it thinks necessary for purposes of investigation and prosecution of offences arising out of violations of child rights.

37. Protection of action taken in good faith

No suit or other legal proceeding shall lie against the Central Government, State Government, Commission, the State Commission or any Member thereof or any person acting under the direction either of the Central Government, State Government, Commission or the State Commission in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or any order made thereunder or in respect of the publication by or under the authority of the Central Government, State Government, Commission or the State Commission of any report paper or proceedings.

38.Members and officers to be public servants

Every Member of the Commission, State Commission and every officer appointed or authorised by the Commission or the State Commission to exercise functions under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

39. Power of Central Government to make rules

(1) The Central Government may, by notification, make rules to carry out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters namely:

(a) the salaries and allowances and other terms and conditions of service of the Members under section 6 & 7;
(b) the conditions subject to which other administrative, technical 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 10;
(c) any other power of a civil court required to be prescribed under clause(f) of sub-section(1) of section 14;
(d) the form in which the annual statement of accounts is to be prepared by the Commission under sub-section(1) of section 33; and
(e) any other matter which has to be, or may be, prescribed.

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

40. Power of State Government to make rules

(1) The State Government may, by notification, make rules to carry out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) the salaries and allowances and other terms and conditions of service of the members under section 24 &25;
(b) the conditions subject to which other administrative, technical and scientific staff may be appointed by the State Commission and the salaries and allowances of officers and other staff under sub-section (3) of section 26;
(c) the form in which the annual statement of accounts is to be prepared under sub-section (1) of section 34.

(3) Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.

41. Power to remove difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government, may by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty.

Provided that no such order shall be made after the expiry of the period of two years from the date of commencement of this Act.

(2) Every order made under this section shall, as soon as may be after it is made, be laid before each house of Parliament.

(Revised Bill(NCC) 9.7.01)