Protection of Human Rights (Amendment) Act, 20001
| [Act 49 of 2000] | [11th December, 2000] |
2[Repealed by Act 2 of 2018, S. 2 and Sch. I]
An Act further to amend the Protection of Human Rights Act, 1993
Be it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:-
1 Received the assent of the President on 11-12-2000 and published in the Gazette of India, Extra., Part II, Section 1.
2 Repealed by Act 2 of 2018, S. 2 and Sch. I, dated 8-1-2018.
Prefatory Note-Statement of Objects and Reasons.-Section 11 of the Protection of Human Rights Act, 1993 provides that the salaries and allowances payable to, and the other terms and conditions of service of the officers and other staff appointed by the Commission shall be prescribed by rules. Accordingly, the Central Government notified the National Human Rights Commission (Conditions of Service of Officers and Staff) Rules, 2000. While examining the question of revising the salary and allowances payable to the officers and other staff of the said Commission with effect from 1st January, 1996 on the basis of the recommendations of the Fifth Central Pay Commission by suitably amending the relevant rules, it has been observed that there is no enabling provision in the said Act to give retrospective effect to these recommendations. In order to overcome this difficulty, it is proposed to amend the Protection of Human Rights Act, 1993 to provide for an enabling provision to make rules with retrospective effect not earlier than the date of commencement of the said Act.
2. The Bill seeks to achieve the above object.
1. Short title.-This Act may be called the Protection of Human Rights (Amendment) Act, 2000.
2. Amendment of Act 10 of 1994.-After Section 40 of the Protection of Human Rights Act, 1993, the following section shall be inserted, namely:-
"40-A. Power to make rules retrospectively.-The power to make rules under clause (b) of sub-section (2) of Section 40 shall include the power to make such rules or any of them retrospectively from a date not earlier than the date on which this Act received the assent of the President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the interests of any person to whom such rule may be applicable.".