ANNUAL REPORT 2011
(2)Notwithstanding anything contained in sub-section(1), the following matters shall not
be included into the functions or duties of the Commission, such as:(a) Issues relating to the cases being tried before a court;
(b) Issues being considered by the ombudsman under the ombudsman Act, 1980(XV of
1980)
(c) any issue relating to the service matters of the public servants of the Republic and
any employee engaged in the service of a statutory government authority which is
triable in a any Tribunal established under the Administrative Tribunals Act,
1980(VII OF 1981)
13.
Reference from the Supreme Court:
(1)The Supreme Court may send any issue derived from an application made under article
102 of the Constitution, to the Commission for submitting report after enquiry.
(2)The Commission shall, after making an enquiry into the matter under sub-section (1),
submit the report to the Supreme Court within the time frame, if any, mentioned in the
reference.
14.Steps to be taken in case of revelation of Human Rights violation:
(1)If any human rights violation is revealed from the enquiry of the Commission, the
Commission may take steps to resolve it through mediation and arbitration.
(2) If the mediation and arbitration under sub-section (1) does not succeed, the
Commission shall(a) Recommend to the appropriate authority to file case or take any proceedings
against the human rights violator.
(b)Recommend to the appropriate authority or person to prevent and treat human
rights violation.
(3)The Commission shall not make any recommendation under this section without
giving opportunity of hearing to the person who has violated human rights or who is
about to violate human rights.
(4) The Commission shall send a copy of the recommendation of the Commission under
this section to the complaint.
(5)The Commission may require the person or authority, to which the recommendation is
sent for action, to send a follow up report on the measures taken according to the
recommendation and it shall be the duty of the person or authority to send the report
required.
(6)If any person or authority to whom recommendation was sent under this section from
the Commission, fails to submit the report required, or if the Commission considers the
action taken or proposed to be taken as insufficient, the Commission shall, if it
considers appropriate, send the full description of the issue to the President and the
President shall take necessary measures to lay a copy of that report to the Parliament.
15. Appointment of arbitrators or mediators:
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