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Section 22: Appointment of Chairperson and other Members of State Commission.

The Protection of Human Rights Act, 1993Central Act · Act 10 of 1994

22. Appointment of Chairperson and [Members] of State Commission.---(1) The Chairperson and 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 obtaining the recommendation of a Committee consisting of---

(a) the Chief Minister

---chairperson;

(b) Speaker of the Legislative Assembly

---member;

(c) Minister in-charge of the Department of Home in that State

---member;

(d) Leader of the Opposition in the Legislative Assembly

---member:

Provided further that where there is a Legislative Council in a State, the Chairman of that Council and the Leader of the Opposition in that Council shall also be members of the Committee:

Provided also that no sitting Judge of a High Court or a sitting district judge shall be appointed except after consultation with the Chief Justice of the High Court of the concerned State.

(2) No appointment of a Chairperson or a Member of the State Commission shall be invalid merely by reason of [any vacancy of any Member in the Committee referred to in sub-section (1)].

Where this provision sits

ActThe Protection of Human Rights Act, 1993
Section22
Marginal noteAppointment of Chairperson and other Members of State Commission.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act 43 of 2006. Subs. by Act 43 of 2006, s. 13, for "other Members" (w.e.f. 23-11-2006).
  • substituted. Subs. by s. 13, ibid., for "any vacancy in the Committee" (w.e.f. 23-11-2006).

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