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21995/2021/MCP
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[(2) The State Commission shall, with effect from such date as the State
Government may by notification specify, consist of(a) a Chairperson who has been a 2[Chief Justice or a Judge] of a High Court;
(b) one Member who is, or has been, a Judge of a High Court or District Judge
in the State with a minimum of seven years experience as District Judge;
(c) one Member to be appointed from among persons having knowledge
of or practical experience in matters relating to human rights.]
(3) There shall be a Secretary who shall be the Chief Executive Officer of
the State Commission and 3[shall, subject to control of the Chairperson, exercise
all administrative and financial powers of the State Commission].
(4) The headquarters of the State Commission shall be at such place as the
State Government may, by notification, specify.
(5) A State Commission may inquire into violation of human rights only in
respect of matters relatable to any of the entries enumerated in List II and List
III in the Seventh Schedule to the Constitution:
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:
Provided further that in relation to the Jammu and Kashmir Human Rights
Commission, this sub-section shall have effect as if for the words and figures "List
II and List III in the Seventh Schedule to the Constitution", the words and figures
"List III in the Seventh Schedule of the Constitution as applicable to the State of
Jammu and Kashmir and in respect of matters in relation to which the Legislature
of that State has power to make laws" had been substituted.
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[(6) Two or more State Governments may, with the consent of a Chairperson
or Member of a State Commission, appoint such Chairperson or, as the case may
be, such Member of another State Commission simultaneously if such Chairperson
or Member consents to such appointment:
Provided that every appointment made under this sub-section shall be made
after obtaining the recommendations of the Committee referred to in sub-section
(1) of section 22 in respect of the State for which a common Chairperson or Member,
or both, as the case may be, is to be appointed.]
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[(7) Subject to the provisions of section 12, the Central Government may,
by order, confer upon the State Commission the functions relating to human rights
being discharged by the Union territories, other than the Union territory of Delhi.]
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[(8) The functions relating to human rights in case of Union territory of Delhi
shall be dealt with by the Commission.]
22. Appointment of Chairperson and 6[Members] of State Commission.(1) The Chairperson and 6[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
1. Substituted by Act No. 43 of 2006, w.e.f. 23-11-2006.
2. Substituted by Act No. 19 of 2019, for the words "Chief Justice".
3. Substituted by Act No. 19 of 2019, for the words "shall exercise such powers and discharge such functions
of the State Commission as it may delegate to him".
4. Inserted by Act No. 43 of 2006, w.e.f. 23-11-2006.
5. Inserted by Act No. 19 of 2019.
6. Substituted by Act No. 43 of 2006, w.e.f. 23-11-2006
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