10
21995/2021/MCP
Provided that neither the salary and allowances nor the other terms and conditions
of service of the Chairperson or a Member shall be varied to his disadvantage after
his appointment.
9. Vacancies, etc., not to invalidate the proceedings of the Commission.- No
act or proceedings of the Commission shall be questioned or shall be invalidated
merely on the ground of existence of any vacancy or defect in the constitution of
the Commission.
10. Procedure to be regulated by the Commission.-(1) The Commission shall
meet at such time and place as the Chairperson may think fit.
1
[(2) Subject to the provisions of this Act and the rules made thereunder, the
Commission shall have the power to lay down by regulations its own procedure.]
(3) All orders and decisions of the Commission shall be authenticated by the
Secretary-General or any other officer of the Commission duly authorised by the
Chairperson in this behalf.
11. Officers and other staff of the Commission.-(1) The Central Government
shall make available to the Commission(a) an officer of the rank of the Secretary to the Government of India
who shall be the Secretary-General of the Commission; and
(b) such police and investigative staff under an officer not below the rank
of a Director General of Police and such other officers and staff as
may be necessary for the efficient performance of the functions of
the Commission.
(2) Subject to such rules as may be made by the Central Government in this
behalf, the 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.
CHAPTER-III
Functions and Powers of the Commission
12. Functions of the Commission.-The Commission shall perform all or any
of the following functions, namely:(a) inquire, suo motu or on a petition presented to it by a victim or any person
on his behalf 2[or on a direction or order of any court], into complaint of(i) violation of human rights or abetment thereof; or
(ii) negligence in the prevention of such violation, by a public servant;
(b) intervene in any proceeding involving any allegation of violation of human
rights pending before a Court with the approval of such Court;
3
[(c) visit, notwithstanding anything contained in any other law for the time
being in force, any jail or other institution under the control of the State
Government, where persons are detained or lodged for purposes of treatment,
reformation or protection, for the study of the living conditions of the
inmates thereof and make recommendations thereon to the Government;]
1. Substituted by Act No. 43 of 2006, w.e.f. 23-11-2006.
2. Inserted by Act No. 43 of 2006, w.e.f. 23-11-2006.
3. Substituted by Act No. 43 of 2006, for clause (c) (w.e.f. 23-11-2006).
9