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21995/2021/MCP
appointed from amongst persons having knowledge of, or practical
experience in, matters relating to human rights.
(3) The Chairperson of 1[the National Commission for Backward Classes, the
National Commission for Minorities, the National Commission for Protection of
Child Rights], 2[the National Commission for the Scheduled Castes, the National
Commission for the Scheduled Tribes], 3[the National Commission for Women and
the Chief Commissioner for Persons with Disabilities] shall be deemed to be Members
of the Commission for the discharge of functions specified in clauses (b) to (j)
of Section 12.
(4) There shall be a Secretary-General who shall be the Chief Executive
Officer of the Commission and 4[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)].
(5) The headquarters of the Commission shall be at Delhi and the Commission
may, with the previous approval of the Central Government, establish offices at
other places in India.
4. Appointment of Chairperson and other Members.-(1) The Chairperson and
2
[the 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 consisting of(a) the Prime Minister
-Chairperson;
(b) Speaker of the House of the People
-Member;
(c) Minister in-charge of the Ministry of
Home Affairs in the Government of India
-Member;
(d) Leader of the Opposition in the House
of the People
-Member;
(e) Leader of the Opposition in the
Council of States
-Member;
(f) Deputy Chairman of the Council of States
-Member:
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 or a Member shall be invalid merely
by reason of any 5[vacancy of any member in the Committee referred to in the
first proviso to sub-section (1)].
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[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.
1.
2.
3.
4.
Substituted by Act No. 19 of 2019, for the words "the National Commission for Minorities".
Substituted by Act No. 43 of 2006, w.e.f. 23-11-2006.
Substituted by Act No. 19 of 2019, for the words "and the National Commission for Women".
Substituted by Act No. 19 of 2019, for the words "shall exercise such powers and discharge such functions
of the Commission (except judicial functions and the power to make regulations under section 40B)
as may be delegated to him by the Commission or the Chairperson, as the case may be."
5. Substituted by Act No. 43 of 2006, w.e.f. 23-11-2006.
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