Tfa*g #> ^-1^-33004 / 97 REGISTERED No. DL-33004 / 97 3TRcf & ^MM?I l£hc (Cassette of «3ndia - •flffl«lR«T EXTRAORDINARY *TPT U-W^ 1
PART II— Section 1 PUBLISHED BY AUTHORITY # 19] ^ ftM, <|gWftl<IK, W$ 13, 1997 / TWFJfT 22, 1918 No. 19] NEW DELHI, THURSDAY, MARCH 13,1997 / PHALGUNA 22,1918 W VTT *f f*J5T "^3 TTW if ^fift t fSfRTCt % I S 3T5PT ^ ^ T * ^ if TOT ̂ ^ I Separate paging is given to this Part in order that it may be Sled as a separate compilation. lost .*». a ^ ^ published in the Gazette of India, Part II, Section IJ ' NATIONAL HUMAN TUGHTS COMMISSION NOTIFICATION JVetv Delhi, the 13th March, 1997/22 Phalguna, 1918 (Saka) No. 28(2)/96{Coord).— In exercise of the powers conferred by sub-section (2) of 10 of the Protection of Human Rights Act, 1993 (Act 10 of 1994), the National Human Rights Commission hereby makes the following regulations further to amend the National Human Rights Commission (Procedure) Regulations, 1994, namely:— I, Short title and commencement—
(i) These regulations may be called the National Human Rights Commission (Procedure) Amendment Regulations, 1997.
(ii) They shall come into force with effect from 1st day of April, 1997. IL Addition of 'Chapter^—Prdimiiuuy'— N In the National Human Rights Commission (Procedure) Regulations, 1994, the following title "Chapter-I—Preliminary" shall be added immediately above regulation 1. III. Substitution of Regulation 2 Regulation 2 of the National Human Rights Commission (Procedure) Regulations 1994 shall be substituted by the following: "2, Definitions: In these regulations unless the context otherwise requires—
(a) "Act" means the Protection df Human Rights Act, 1993 as amended from time to time.
(b) "Code" means the Code of" Civil Procedure, 1908 as amended from time to time. 2 THE GAZETTE OF INDIA EXTRAORDINARY [PXRT-II—
(c) "complaint" means all petitions/communications received in the Commission from a victim or any other person on his behalf, in person, by post, by telegram, by fax, or by any other means whatsoever, alleging violation or abetment thereof or negligence in the prevention of such violation, by a public servant, of all or any of the human rights defined in section 2(d) of the Act.
(d) "Director General (Investigation)" means Director General (Investigation) of the Commission.
(e) "Division" means and includes Administration Division, Law Division, Investigation Division and Research Division and such other Divisions in the Commission as may be constituted by the Chairperson.
(f) "Division Bench" means a Bench consisting of two Members of the Commission as constituted by the Chairperson.
(g) "Full Bench" means a Bench consisting of three or more Members of. the Commission as constituted by the Chairperson.
(h) "Registrar" means Registrar of the Commission.
(i) "Regulation" means regulations framed by the Commission under Section 10(2) of the Act.
(j) "Secretary General" means Secretary General of the Commission.
(k) "Single Bench" means a Bench consisting of one Member of the Commission as constituted by the Chairperson.
(3) Words and expressions not defined in these regulations shall, to the extent defined in the Act, have the same meaning as assigned to them therein. IV. Addition of "Chapter IX—Procedure of dealing with complaints/suo motu action". In the National Human Rights Commission (Procedure) Regulations, 1994, the following title "Chapter II—Procedure for dealing with complaints/suo motu action" shall be added immediately below regulation 7. V. Deletion of regulation S and addition of new Regulations Regulation 8 of the National Human Rights Commission (Procedure) Regulations, 1994 shall be deleted and the following shall be added as "regulations 8 to 38" below Chapter II—Procedure for dealing with complaints/suo motu action: "8. Generalfa) Complaints may be made to the Commission in English or Hindi. However, the Commission may entertain complaints in any other language included in the Eighth Schedule of die Constitution.
(b) No fee shall be chargeable on such complaints.
(c) The complaint shall disclose a complete picture of the matter leading to the complaint.
(d) The Commission may seek further information/affidavit as may be considered necessary.
9. Complaints not ordinarily entertainable: The Commission may dismiss in limini complaints of the following nature:
(i) illegible;
(ii) vague, anonymous or pseudonymous;
(iii) trivial or frivolous;
(iv) barred under section 36(1) of the Act;
(v) barred under section 36(2) of the Act;
(vi) allegation is not against any public servant;
(vii) the issue raised relates to civil dispute, such as property rights, contractual obligations and the like;
(viii) the issue raised relates to service matters;
(ix) the issue raised relates to labour/industrial disputes;
(x) allegations do not make out any specific violation of human rights;
(xi) matter is sub judice before a Court/Tribunal;
(xii) matter is covered by a judicial verdict/decision of the Commission;
(xiii) where it is only a copy of the complaint addressed to some other authority;
(xiv) the matter is outside the purview of die Commission on any other ground.
10. Receipt and distribution of Dak
(a) All communications in writing (by whatsoever mode they are received) addressed to the Commission, its Chairperson, Members or other officers of the Commission, either by name or designation, shall be received at the Receipt Counter of die Commission. NOTES 1. Those communications which are addressed by name to the Chairperson, Members and other officers of the Commission shall be entered in separate Peon Books and delivered forthwith under acknowledgment.
2. Unless otherwise directed^ communications received by the Chairperson, Members and other officers of the Commission, when marked to the Law Division, shall be dealt with in accordance with the procedure provided in this chapter.
(b) The Dak shall be opened under the direct supervision of the Section Officer in-charge of the Receipt and Despatch Section, who shall get the same sorted out sectionwise, diarised in a register containing particulars such as, date of receipt, diary number, sender's name and State and transmitted under acknowledgment to the concerned sections in the Law Division and to the respective heads of other divisions. Separate transmission registers shall be maintained for each section in the Law Division and each of the other Divisions. NOTE: Copies of the orders issued from time to time regarding distribution of work among the Divisions and allocation of work among the various sections in the Law Division shall be furnished to the Section Officer in-charge of Receipt and Despatch Section to facilitate proper distribution of the Dak.
11. Sorting of complaints etc.
(a) Immediately on receipt of the Dak, the Section Officer in-charge of each section in the Law Division shall sort out the fresh complaints and place them forthwith for scrutiny before the respective Assistant Registrars) who are put in-charge of the respective sections in that Division in accordance with the special or general order of allocation as may be made by the Registrar.
(b) Complaints and other communications requiring urgent attention shall, however, be placed forthwith before the Registrar who shall give such directions as may be necessary. 4 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT-II—
(c) All other communications relating to his section shall be processed and appropriately dealt with.
(d) All complaints and other communications which are not in English and which are required to be placed before the Commission shall be got translated into English with utmost expedition.
Provided that only the gist of the complaint shall be prepared in English if the complaint is not entertainable or is of an urgent nature, requiring immediate attention.
12. Scrutiny of complaints
(a) On completion of scrutiny of each complaint, the Assistant Registrar shall fill up Form No. 1 in case of complaints which are prima facie entertainable and fill up Form No. 2 if the complaint is prima facie not entertainable for any of the reasons mentioned in regulation 9. He shall then send the complaint with the scrutiny report appended thereto, to the section concerned for registration.
(b) If, however, the petition/communication is found to be not a complaint falling under section 12(a) of the Act but relates to any other clause in Section 12, the same shall be placed forthwith before the Registrar, who shall cause it to be transmitted under acknowledgment to the Secretary General, who shall place it with a brief note before the full Commission as early as possible.
13. Classification Subject-wise classification of the complaints shall be made as per the list annexed to these regulations as Appendix I. Having regard to the subject matter of the complaints received, the list in Appendix I may be modified or new entries added thereto from time to time as per the directions of the Chairperson.
14. Registration
(a) A common register shall be maintained in the Law Division for entering in serial order the case number with State Code and year of Registration, the corresponding diary number and the State to which the incident relates in respect of each complaint to be registered. Immediately on completion of the scrutiny, entry shall be made in the common register and the case number assigned to the complaint along with State Code shall be entered at the top right-hand corner of the complaint in red ink and also in the space provided in the Scrutiny Report.
(b) File covers shall be got printed as in Form No. 3 Records relating to each complaint sball be kept in a separate file cover arranging them chronologically in the following order:
(i) Index in Form No. 4
(ii) Order Sheet in Form No. 5
(iii) Scrutiny Report in Form No. 1/Form No. 2, as the case may be
(iv) Complaint with annexures, if any
(v)
(vi)
(c) The case file shall then be transmitted forthwith to the officer in-charge of the listing section for placing the matter before the Commission.
15. Time limit for placing complaints before the Commission All complaints newly registered shall be placed before the Commission for preliminary consideration as expeditiously as possible but not later than seven days from the date of its receipt. SEC - I] THE GAZETTE OF INDIA EXTRAORDINARY
Provided that complaints which require urgent consideration shall be placed before the Commission, as far as-possible, within 24 hours of its receipt.
16. Constitution of Bench(s)
(a) Subject to such special or general orders of the Chairperson, all complaints shall be initially dealt with by a Single Bench of the Commission. If the Single Bench dealing with the case, having regard to the importance of the issues involved, is.of the opinion that the case should be considered by a Division Bench/Full Bench, he/she may refer the case to a Division Bench/Full Bench. On receipt of such reference, the case shall be assigned to the Division Bench/Full Bench constituted for that purpose. However, the Chairperson may, having regard to the importance of the matter, place the case before a larger Bench.
(b) When the case is referred to a D.BVF.B. the Section Officer concerned shall get prepared the requisite number of copies of the case file for the use of all die Members of the Bench.
17. Preparation of Cause List The Cause List shall be prepared categorising cases under the following heads: *{i) Re: Entertainability;
(ii) For Admission **(iii) For directions (briefly indicate below the case number, nature of direction sought);
(iv) For Final Disposal;
(v) Complaince Report Cases; and
(vi) Review Applications. NOTE: *1. Complaints which are prima facie not entertainable shall be placed in a separate bundle with the cause-list under this head. **2. Cases "For Directions" shall include, inter alia, the following where:
(i) information/report has not been received within the time specified; or
(ii) only interim report/some information is received; or
(iii) report/information has not been received from all authorities; or
(iv) direction for issue of summons for production of document/to adduce evidence is required to be issued; or
(v) application seeking interim direction such as clubbing of similar matters, extension of time, intervention by mird party, etc. is received; or/ and
(vi) al! other matters of interlocutory nature. IS. Placing of case files
(a) The number of cases to be included in the cause-list to be placed before each Benchfs.) per day shall be Fixed according to the directions diat may be given by the Chairperson from time to time.
(b) The case files in respect of the cases shown in the cause-list shall ordinarily be placed two days in advance before the Bench(s) along with a copy of the cause-list.
19. Presenting Officer to assist the Members
(a) Each Member shall be assisted by a Presenting Officer. When the Member takes up for consideration the cases assigned to him/her for final disposal, it shall be the duty of the Presenting Officer to study and present the cases and render such other 6 THE GAZETTE OP INDIA EXTRAORDINARY [PART-H— assistance as may be required, for consideration and disposal of the cases.
(b) If, however, the Commission sits in D.B./F.B. such Bench shall be assisted by the Presenting Officers) attached to the Members constituting the Bench as may be directed by that Bench.
20. Court Master to function as Court Officer When the Member(s) hold sittings in Court Hall, die Court Master assigned by the Registrar shall discharge such functions as are normally performed by Court Officers in the Supreme Court/High Courts and also discharge such other functions as may be assigned to him by the Chairperson.
21. Preliminary consideration, Issue of Notice, etc
(a) If on consideration of the complaint the Commission dismisses the complaint in limini, the said order shall be communicated to the complainant in Form No. 6 and the case shall be treated as closed.
(b) If on consideration of the complaint or su-motu die Commission admits/take cognizance and directs issue of notice to any authority calling upon it to furnish information/report, a notice in Form No. 7 shall be issued, enclosing a copy of the complaint thereto. Such notice shall be signed by the Assistance Registrar.
(c) If no time is fixed by the Commission for the return of notice/furnising of information/report, the time shall be 30 days from the date of service of the notice.
(d) If, however, me Commission issues any odier direction or order, action shall forthwith be taken accordingly. Ce) If the reports information is not received from the concerned authority within the given time, or received late or not complete in all respects, the case shall be placed before the Commission or further direction.
(f) Intimation of the order referred to in Clauses (b) and (d) shall be given to the complainant forthwith.
22. Recording of Orders/Proceeding
(a) Ordinarily orders c the Commission shall be recorded in the Order Sheet; provided that the orders which are lengthy shall be recorded on separate sheets and appended to (be order sheet. The P.S./P.A. attached to the Member concerned shall make entry in the relevant column of the Order Sheet mentioning the page numbers and the date of the order. The order shall then be fed into the COMMONS PROGRAMME.
(b) In cases where urgent action is required to be taken pursuant to the order/ proceeding issued by the Commission, the P.S./P.A. concerned shall forthwith send the file to the Registrar/Jt. Registrar who shall give suitable instructions in regard to the mode of communication by telephone/fax/speed post/telegram, etc. and transmit the records to the concerned section for taking further action.
23. Statewise Information Register A register in Form No. 8 shall be maintained for each State and the relevant information entered in the respective columns therein as and when the information becomes available.
24. Preparation of Synopsis
(a) On receipt of die information/report called for, a detailed note in the form of a synopsis shall be prepared or caused to be prepared by the Joint Registrar/Dy. Registrar/ Presenting Officer in Form No. 9 whereupon the case shall be treated as ready for being placed before the Commission for final disoosal. S E C - 1 ] THE GAZETTE OF INDIA EXTRAORDINARY 7
(b) When the Commission, upon consideration of the information/report finally disposes of the case without any recommendation, the case shall be treated as closed.
25. Summons
(a) Whenever the Commission directs to summon:
(i) the complainant or any other person on his behalf to afford him a personal hearing.
(ii) any other person who, in the opinion of the commission, should be heard for appropriate disposal of the matter before it;
(iii) any person to cause production of records required by the Commission;
(jv) any person to be examined as witness;
(v) any person whose conduct is inquired into by it; or,
(vi) any person whose reputation, in the opinion of the Commission, is likely to be prejudicially affected; a summon indicating the purpose of summoning such person shall be issued in Form No. 10.
(b) The case in which summons has been issued for personal appearance of a person, shall be placed before the Commission on the date shown in the summons for such personal appearance.
26. Calling for Investigation report
(a) Whenever the Commission orders investigation to be undertaken by its Investigation Division or by any other investigating Agency of the Central/State Government as provided in Section 14 of the Act, a copy of such order along with copies of the papers relevant uHereto shall be furnished forthwith to such Division/Agency calling upon it to conduct the investigation and submit its report within the time specified in the order and if no time is specified, within two weeks from the date of the order.
(b) If no such report is received within the time given, the matter shall be placed before the Commission forthwith for further directions.
27. Communication of Recommendations When the Commission, upon consideration of the inquiry report, makes any recommendation, a copy of the inquiry report along with a copy of the recommendation shall be sent with utmost expedition, not. later than seven days from the date of such recommendation, to the concerned government or authority calling upon it to furnish its comments on the report including the action taken or proposed to be taken, within a period of one month or such further time as the Commission may allow.
28. Steps after calling for Comments
(a) If no comments are received within the time allowed, the case shall be placed before the Commission fortfiwith for further direction.
(b) If comments are received, the case shall be placed before the Commission with a brief note containing the following information regarding:
(i) acceptance of the recommendation in full or in part;
(ii) the action, if any, taken or proposed to be taken by the concerned government/authority;
(iii) the reasons, if any, given for not accepting the recommnedations; and
(iv) the action that may be taken pursuant to the comments received. 8 THE GAZETTE OF INDIA EXTRAORDINARY [PART-II—
(c) On consideration of the comments received and the note referred to in clause
(b), the Commission may pass such order as it deems proper.
29. Incorporation of other documents received
(a) Whenever any document is received in the Commission relating to the complaint registered, the same shall be incorporated in the chronological order in the concerned case file, duly paginated. Appropriate entries shall be made in the order sheet and in the index.
(b) Data relating to each case as required to be provided in the register in Form No. 8 and also information relating to intermediary stages shall be fed into the computer at every stage as and when the information becomes available.
30. Publication When the Commission passes order after inquiry under Section 17 or after consideration of the report referred to in Section 19 (I) (a) of the Act, the Registrar shall cause to:
(a) Prepare a list of such cases, furnishing particulars such as case number, name of the complainant, name of the government/authority concerned and the date of the final order, A Note shall be put below the list to the effect that copy of the Inquiry Report, etc. referred to in sub-section (6) of Section 18 or sub-section (3) of Section 19 of the Act are available for perusal in the Library of the Commission;
(b) publish the list so prepared on the Notice Board of the Commission on the first working day of every month.
(c) make available simultaneously to the Library of the Commission two sett of the documents referred to in sub-section (6) of Section 18 and sub-section (3) of Section 19 of the Act, as the case may be, and the further order, if any, passed by the Commission in each case.
(d) send simultaneously free of cost a copy each of:
(i) the documents referred to in clause (c) to the complaintant or his representative; and
(ii) the order referred to in regulation 27 (c) to the concerned government/ authority.
31. Mode of Communication Unless otherwise directed, all communications from the Commission shall be sent by ordinary post.
32. Review
(a) No party shall have a right to seek review of the order/proceedings of the Commission.
(b) However, if any application seeking modification/review of the order or proceedings passed by the Commission is received, the same shall as far as possible be placed before the same Bench which made the order along with the case file and a brief note on the points made out in such application and the same shall be disposed of by such order as may be deemed proper.
33. Consignment of records Records of all cases finally disposed of shall be transmitted to the Records Section in the Law Division after completing the entries in the register in Form No. 8 with regard to each such case. S B C - 1 ] THE GAffiTTE OF INDIA EXTRAORDINARY 9
34. Period of Retention of Record
(a) Unless otherwise ordered by special or general orders of the Chairperson, the entire records of disposed of complaints shall be destroyed after the expiry of a period of two years from the date of final disposal.
(b) However, the register in Form No. 8 which contains detailed information regarding each complaint registered State-wise shall be retained permanently.
35. Destruction of records
(a) The officer in-charge of the Record Section shall identify the cases, die records of which are ripe for destruction and ensure that appropriate entries are made in the register in Form No. 8 regarding the date of destruction. A list of such cases shall be maintained in a separate book in the record section.
(b) Original documents produced by a party shall be returned to him if a request thereof is received in the Commission before the due date of destruction.
(c) Destruction of the records shall be undertaken in the month of July every year.
(d) The officer in-charge of Record Section shall cause to destroy the records subject to such general or special order/direction that may be given by the Registrar regarding the manner of destruction.
36. Procedure regarding Suo Motu Action The procedure contained in this Chapter shall mutatis mutandis apply to suo motu action taken by die Commission.
37. Preparation of statements The Registrar shall cause to prepare the following statements:
(i) weekly statement in Form No. 11;
(ii) State^wise monthly statement in Form No. 12;
(iii) State-wise monthly statement in Form No. 13; and
(iv) State-wise yearly statements based on the monthly statements being prepared in Form Nos-. 12 and 13.
38. Periodical Review of allocation of work The Registrar shall review periodically the allocation of work in the Law Division to ensure equitable distribution of work in each section in that Division. VI. Addition of "Chapter III-Miscellaneoas" In the National Human Rights Commission (Procedure) Regulations, 1994, immediately below regulation 38 newly added, the following title "Chapter Ill- Miscellaneous" shall be added. VII. Renumbering of existing regulations 9 to 15 as regulations 39 to 45 Regulation 9 to 15 of the National Human Rights Commission (Procedure) Regulations, 1994 shall be re-numbered as regulations 39 to 45 respectively. VIII. Deletion of existing regulation 16 Regulation 16 of the National Human Rights Commission (Procedure) Regulations, 1994 shall stand deleted. DC. Renumbering of existing regulations 17 to 19 as regulations 46 to 48 Regulation 17, 18 and 19 of the National Human Rights Commission (Procedure), 22 THE GAZH1TE OF INDIA EXTRAORDINARY [ P A R T - H — Regulations, 1994 shall be renumbered as regulations 46, 47 and 48 respectively. (Lakshmi Singh). Joint Secretary, National Human Rights Commission SEC-1J THE GAZETTE OF INDIA EXTRAORDINARY II FORM NO. J , (See regulation 12) NATIONAL HUMAN RIGHTS COMMISSION (Law Division) Case No. (To be given after registration) CLASSIFICATION: Code: SCRUTINY REPORT
1. Diary No /NHRC
2. Name of the complaint
3. Is it a public interest complaint
4. Date of cause of action/incident
5. The State and District to which the incident relates "*
6. Whether the complaint is directly addressed to the Commission; or Whether only a copy thereof is endorsed to the Commission
7. In case of suo motu action, die source of information; viz.—
(a) news item; or
(b) other source (Give brief particulars):
8. Name, designation and address of the public servant by whom alleged violation of human right was committed/abetted or who was negligent in prevention of such alleged violation:
(i)
(ii)
(iii) (Note: If the complaint relates to Armed Forces, here specifically indicate the Ministry/Department of the Central Goverament under which such Armed Forces come).
9. Name, designation and address of the authority from whom infor mation/report may be called for: 12 THE GAZETTE OF INDIA EXTRAORDINARY [PART-II— (0 GO Note: In case of Armed Forces (Naval, Military and Air Force) coming under Defence Ministry information be called from the Secretary of that Ministry and in case of other Armed Forces of the Union, (from the Secretary of Home Ministry).
10. Gist of the complaint/sue motu action (here give brief account of the matters referred to in the complaint/juo motu action): - 11. Is there any complaint/action pending/disposed of on the same subject matter/incident: (If yes, give case number and other relevant information and append the record of such case)
12. Relief, if any, sought: (Signature) ASSISTANT REGISTRAR Date : NOTE:
1. If there are more than one complainant, give only the name of the first complainant.
2. if the information in regard to any column is not available, put "N.A." against that column.
3. Information in regard to column 11 shall be ascertained from the computer. SEC • 1} •iiU',^fvJ3r!('ffiorrr'iTJiAEXT'AAORDiWAftv B FORM NO. 2 (See regulation 12) NATIONAL HUMAN RIGHTS COMMISSION (Law Division) CASE NO. (To be given after registration) CLASSIFICATION: Code No. SCRUTINY REPORT ON MAINTAINABILITY
1. Dy. No /NHRC
2. Name of the complaint
3. State and District to which the incident relates
4. Whether the complaint is against member(s) of Armed Forces If yes, whether relates to Armed Forces under Defence Ministry; or Other Armed Forces under the Central Home Ministry (Put (*0 mark against appropriate box)
5. Whether the complaint is directly addressed to the Commission; or whether only a copy thereof is endorsed to the Commission
6. Brief gist of the complaint :
7. The complaint is not entertainable for the following reasons:
(i) Illegible;
(ii) vague, anonymous or pseudonymous;
(iii) trivial or frivolous in nature;
(iv) barred under section 36(1) of the Act;
(v) barred under section 36(2) of the Act;
(vi) allegation is not against any public servant;
(vii) the issue raised relates to civil dispute, such as property rights, contractual obligations, etc.;
(viii) the issue raised relates to services matters;
(ix) the issue raised relates to labour/industrial disputes;
(x) allegations do not make out 14 THE GAZETTE OF INDIA EXTRAORDINARY IPAtiT-ll— , ' ' ' ' " ' . . . • • ' ^ — any specific violation of human rights;
(xi) matter is sub judice before a Court/Tribunal;
(xii) matter is covered by a judicial verdict/decision of the Commission;
(xiii) The matter is outside the . purview of the Commission on any other ground. (Put (/) mark against the relevant clause and give the reasons hereunder indicating the clause number) (Signature) ASSISTANT REGISTRAR Date: NOTE: 1. If there are more than one complainants name of the 1st complainant be entered against column No. 2.
2. If the information in regard to any column is not available, put "N.A." against that column.
3. In case of complaints against Naval, Military and Air Force, information/ report be called from the Secretary to Government of India, Ministry of Defence, New Delhi.
4. In case of complaints against other Armed Forces, information/report be called from the Secretary to Government of India, Ministry of Home Affairs, New Delhi. Suc-l] 15 FORM NO. 3 {(See regulation 14(b)} (EMBLEM) NATIONAL HUMAN RIGHTS COMMISSION (LAW DIVISION) CASE NO. J No. of connected cases if any: NAME OF COMPLAINANT: STATE: DISTRICT.. SCRUTINY REPORT: FORM NO. 1 FORM NO. 2 Classification: Code No. SECTION: SINGLE BENCH DIVISION BENCH FULL BENCH Date & Nature of Disposal: OTHER INFORMATION, IF ANY: 16 THE GAZETTE OF INDIA EXTRAORDINARY [PART-II— CASE NO. - FORM NO. 4 {(See Regulation 14 (b)(i)} NATIONAL HUMAN RIGHTS COMMISSION (Law Division) INDEX Name of the Complainant S.No. Description of the document Date of document Date of receipt RpgeNos. SEC -1] 17 FORM NO. 5 (See Regulation 14 (b)(ii)] NATIONAL HUMAN RIGHTS COMMISSION (Law Division) ORDER SHEET CASE NO. Name of the complainant: Record of the steps taken (to be entered by the Office) Orders/Proceedings of the Commission Date Step(s) taken 18 THE GAZETTE OF INDIA EXTRAORDINARY [PAKT-IJ— FORM NO. 6 [See Regulation 21 (a)] CASE NO. -/97-LD NATIONAL HUMAN RIGHTS COMMISSION 5ARDAR PATIiL UHAVAM NEW DELHI- 110001 Dated To Sir/Madam, Ref: Your Complaint dated regarding *** Your complaint referred to above has been registered as • Case No and the Commission, upon consideration of your complaint has passed the following order:— Yours faithfully, Asstt. Registrar SBC-J] <9 To MOST IMMEDIATE FORM NO. 7 [See regulation 21 (b)j NATIONAL HUMAN RIGHTS COMMISSION (Law Division) SARDAR PATEL BHAWAN, Sansad Marg, New Delhi-110001. CASE NO... SECTION ... NOTICE (Name/Designation and complete address of the authority to whom notice is directed to be issued.) WHEREAS the complaint received from , (name and addiess of the complainant) was placed before the Commission on AND WHEREAS upon perusing the complaint the Commission has passed the following order: {here reproduce the order/direction) OR WHEREAS the Commission has taken suo motu cognizance on consideration of , and has (here give brief details of the subject matter on which suo motu cognizance has been taken) passed the following order on (here quote the Ofder/direction) NOW THEREFORE TAKE NOTICE that the above-mentioned matter will be listed for further consideration before the Commission on : (the next date of listing) and will be taken up on the said date at 10.30 a.m. or on any subsequent date as may be convenient at the address given above, before which date you are required to submit the requisite information/report. 20 ':':ri- ii.\Zi-.i'I'L or \'<TA.\ i=x iK.\O:<I.J!N'AK Y [PART-H— TAKF* T'URTilClR NOTICII tlml m dttiiuk, ibc C'.<ui mission mjy proceed to take inch acium us it deems jiroper. Given under my hand and the SEAL of the Commission, this the day of (month & year) (BY ORDER) (Signature) ASSISTANT REGISTRAR Encl: Copy of the complaint. NOTE : The information/report shall be furnished only by the authority which is called upon to do so. file:///Zi-.i' SEC-1] THE GAZETTE OF INPI A EXTRAORDINARY 21 FORM NO. 8 (See Regulation 23) NATIONAL HUMAN RIGHTS COMMISSION State-wise Information Register File No.
(1) Case Number
(2) Name and Name of address the of the victim complainant
(3) (4) Date of incident
(5) State and District relating to the incident
(6) Nature of violation complained of
(7) Classifica tion of violation with Code No.
(8) Date of Authonty Date of taking from whom disposal cognizance informa tion /report is called for Dismissed in limini NATURE OF DISPOSAL AFTER NOTICE Disposed of with out any direction DISPOSED OF WITH DIRECTION Without calling for compliance report AI Irr ta i l ing I or at*™ LlnlL- i.i r CO!I l | l - II:UJCLJ Date of destruction
(9) (10) (11) (12) (13) (14) (15) (16) (17) 22 THE GAZETTE OF INDIA EXTRAORDINARY [PART-II— FORM NO. 9 [(See Regulation 24 (a)] NATIONAL HUMAN RIGHTS COMMISSION (Law Division) Case No. Classification: Code No. SYNOPSIS
1. Complainant
2. Opposite Party
3. Brief summary of facts/allegations focussing attention on the issues of human rights that arises for consideration:
4. Action taken by the Commission: (here state brief summary of the relevant directions/orders of the Commission):
5. Brief summary of the information/report received, focussing attention to the response to the human rights issues arising for consideration:
6. Assessment of the facts and circumstances, proposing the action that may be taken. Date: (Signature) Jt. Registrar/Dy. Registrar Note:— Relevant portion(s) of the records referred to in the synopsis shall be flagged. S E C - 1 ] THE GAZETTE OF INDIA EXTRAORDINARY 23 FORM NO. 10 [(See Regulation 25(a)] NATIONAL HUMAN RIGHTS COMMISSION (Law Division) CASE No SARDAR PATEL BHAVAN, SECTION: SANSAD MARG, NEW DELHI-110001 SUMMONS IN THE MATTER OF: The Complaint filed by (Name of the Complainant) "OR Suo Motu action taken by the Commission relating to (subject matter of the action to be given) To (Name, designation and address of the person summoned) WHEREAS proceedings in the matter aforementioned have been initiated and the Commission has directed to issue summons to you:
(a) to afford you an opportunity of being heard in person, and/or to adduce evidence in support of your complaint; or *(b) to cause production of the following records:
(i) .
(ii) (Hi) [here give full description of the recordVdocument(s) directed to be summoned] or
(c) to examine you as a witness in the above matter; or
(d) to afford you an opportunity of being heard as in the opinion of the Commission your reputation is likely to be prejudicially affected by the verdict that the Commission may give in the above proceedings; or
(e) to afford you an opportunity of being heard in the matter as your conduct in connection with the subject-matter of the above proceedings is being inquired into. NOW THEREFORE you are hereby summoned to appear before the Commission in person for the purpose aforementioned on at 10.30 a.m. or soon (dav and dote) 24 THE GAZETTE OF INDrA EXTRAORDINARY [Pw-II— thereafter as may be convenient to the Commission for further consideration, If you fail to comply with this order without lawful excuse:
(i) final decision in the proceedings shall be taken by the Commission in your absence; or
(ii) you will be subjected to the consequences of non-attendance as provided in rule 10 and rule 12 of Order XVI of the Code of Civil Procedure 1908. Given under my hand and die seal of the Commission this the day of 19 (BY ORDER) (Signature) JOINT REGISTRAR If you are summoned only for production of the records/document(s) described in this summons and not to give evidence, you shall be deemed to have complied with the summons, if you cause such records/documents(s) to be produced before the Commission on the day and hour fixed in the summons.
Note to the office:
1. While preparing me summons, the office shall make use of only that part of this form which is relevant to the case.
2. The default clause (i) shall apply to cases falling under (a), (d) and (e) shown in the summons. Default clause (ii) shall apply to cases falling under
(b) and (c). Sec: -lj_ -££52:^1^^ FOiiMNO.il [See Regulation 37(i)l NATIONAL HUMAN RIGHTS COMMISSION Weekly Statement for the week ending U.X Name Pendency Registered Total Dismissed Disposed Conclu- Tbtal Pendency r_ of State/ at the Com-during the Pudency talimini of with ded*ith- Disposal at the end of mencement week (Col. 2+3) directions oatdirec- (Col. 5+6 the week of the week tioB* +7> — (I) (2) (3) (4) (5) • (6) (7) («) (9) O0)_ Note; No. of cases disposed of after calling for information/report is given in brackets against the number of cases given under columns 6 and 7. http://FOiiMNO.il 26 THE GAZETTE OF INDIA EXTRAORDINARY [ P A R T - J I — FORM NO. 12 [See Regulation 37 (ii)] NATIONAL HUMAN RIGHTS COMMISSION STATEMENT OF CASES REGISTERED AND DISPOSED ON DURING THE MONTH OF- ^ Pendencv Register Tb*l Disposed Disposed Conclu- T o t o l P e n d e n c y Remarks 7Z E S L H U i ^dency ^ ofwi* dedwith- Dismal * * e e n d S - U T « » . - ~ ( O L ^ * — o u t ^ (0,1.5*. £ . meat of the month
(i) <» (3) (4) (5) (6) n (8) (9) (I0)_ Note: No. of cases disposed of after calling for informaUonyreport is given in brackets against the number of cases under columns 6 and 7. S e C - 1 ] THE GAZETTE OF INDIA EXTRAORDINARY ^ FORM NO. 13 [See regulation 37(iii)J NATIONAL HUMAN RIGHTS COMMISSION STATEMENT OF CATEGORY OF CASES ADMITTED FOR DISPOSAL DURING THE MONTHOF NAME OF STATE CHILDREN iub Tode No. of cases REFUGEES/ MIGRANTS iub :ode "Jo. No. of cases HEALTH Sub code No. No. of cases RELIGION/ COM MUNITY/ RACE Sub code No. No. of cases JAIL Sub code No. No. of cases SERVICE MATTERS Sub code No. No. of cases JUDICIARY Sub Code. No. No. of cases WOMEN Sub Code. No. No. of cases 4 MAFIAS/ JNDERWORLT Sub Code No. No. of cases TADA Sub Code No. No. of cases LABOUR Sub Code No. No. of cases MISCEL LANEOUS Sub Code No. No. of cases MINORITIES/ S.C/S.T. Sub Code No. No. of cases OTHERS POLICE/ ARMED FORCES Sub Code No. No. of cases TOTAL POLLUTION ECOLOGY/ ENVIRON- .MENT Sub Code No. No. of cases Note: Sub Code number to be given as provided in the Appendix to the Regulations. APPENDLX-I (See regulation 13) LIST SHOWING SUBJECT-WISE CLASSIFICATION OF INCIDENTS LEADING TO COMPLAINTS/SUO MOTU ACTION Code Number 100 200 300 400 500 600 700 800 MAJOR HEADS CHILDREN HEALTH JAIL JUDICIARY MAFIAS/UNDERWORLD LABOUR Minorities/SC/ST POUCE/ARMED FORCES Sub- Code Number
100.01
100.02
100.03
100.04 100,05
200.01
200.02 200,03 300,01
300.02
300.03
300.05
300.06
300.08
400.01
400.02
500.01
500.02
500.03 '
600.01
600.02
600.03
600.04
600.05
600.06
700.01
700.02
800.01
800.02
800.03
800.04
800.05 SUB-HEADS Child Labour Child Marriage Child Prostitution Exploitation of Children Immoral traffic on children Exploitation of mentally retarded person(s). Public health hazards Malfunctioning of medical professionals Custodial death Custodial rape Exploitation of child prisoners Dcbarrnent of legal aid Harassment of prisoners Inequalities in prison Irregularities in Jail unlawful solitary confinement of prisoners Biased judiciary Double Jeopardy Nuisance by notorious gangs/mafias Nuisiance by local ruffian Trouble by anti-social elements. Bonded labour Exploitation of labour Forced Labour Hazardous employments Slavery Traffic on human labour Discrimination against minorities Discrimination against SC/ST Arbitrary use of power Abduction/kidnaping Abduction/rape Abuse of power Attempted murder .SK>:1];; ;_THE GAZETTE tS? INDIA EXTRAORDINARY 29 Code Number 900 1000 1100 1200 1300 MAJOR HEADS tok-w-st.. POLLUTION/ECOLOGY/ ENVIRONMENT Refugees/Migrants RELIGION/COMMUNITY/ RACE SERVICE/MATTERS WOMEN iSab- Code Number
800.06
800.07
800.08
800.09 S00.10
800.11
800.12
800.13
800.14 . .8O0J5
800.16
800.17
800.18
800.19
800.20
800.21
900.01 •
900.02 .
900.03
900.04
1000.01 - 1000.02
1000.02
1100.01
1100.02
1100.03
1100.04
1100.05 1100:06
1200.01
1200.02
1200.03
1300.01
1300.02
1300.03.
1300.04
1300.05
1300.06
1300.07
1300.08
1300.09
1300.10
1300.11
1300.12 i^-HBADS -. '-••,';-/' IfiSfen&K ';X>iIfeS*£ •',; :.: 'Atrocities on SC/ST Custodial death Custodial rape Custodial torture Custodial violence Death in police firing Death in police encounter Fake encounters Failure in taking lawful action False implications Illegal arrest - Unlawful detention Indiscriminate arrest Police motivated incidents Prolonged trial Victimisation Ecological disturbances Environmental pollution Mis/use of scientific & technological developments .Pollution affecting surroundings Atrocities on migrants Chakma refugee problem Srilanka refugee problem CommunaUviolence Ethnic conflict Group clashes Racial discrimination Religions discrimination Religious intolerance Dispartses in Employment opportunities Non-payment of Pension/compensation Other service disputes. Abduction, rape and murder Commission of Sari Discrimination against women Dowry death or their attempt Dowry demand Exploitation of women Gang rape Indecent representation of women Indignity of women Immoral traffiking on women Rape Sexual harassment 30 . . THE GAZETTE OF Code MAJOR HEADS Sub- Number c^fe 1400 TADA 1400.01
1400.02
1400.03 1500 MISCELLANEOUS 1500.01
1501.02
1502.05 ; 15D3.04 EXTRAORDINARY [PART-IJ«_ SUB-HEADS _*>\' • • : • ; . . " - ; • * Harassment of TADA detainees Misuse of TADA Unlawful detention under TADA Disappearance Land disputes Hunger suite Family disputes