P- 4 Complete - PREVENTION OF COMMUNAL AND TARGETED VIOLENCE (ACCESS TO JUSTICE AND REPARATIONS) BILL, 2011 –
Part-4 Complete - PREVENTION OF COMMUNAL AND TARGETED VIOLENCE (ACCESS TO JUSTICE AND REPARATIONS) BILL, 2011 –
45. Appointment of Chairperson, Vice-Chairperson and Members of the State Authority.-
(1) The Chairperson, Vice-Chairperson and Members of the State Authority shall be appointed by the Governor by warrant under his or her hand and seal:
Provided that every appointment under this sub-section shall be made after obtaining the recommendation of a Committee consisting of:
(i) The Chief Minister of the State - Chairperson
(ii) Leader of Opposition in the Legislative Assembly of the State - Member
(iii) Minister in-charge of the Ministry of Home Affairs in the Government of
the State - Member
(iv) Leader of each recognized State Political Party in the Legislative
Assembly of the State - Members
Provided further that where the Selection Committee, at any given
time, has even number of members, the Chairperson of the State Authority
shall be the additional member of the Selection Committee.
Explanation - For the purposes of this sub-section, “Leader of the
Opposition in the Legislative Assembly of the State” shall, when no such
Leader has been so recognised, include the Leader of the single largest group
in opposition of the Government in the House of the People.
(2) The process of selection shall be initiated by the State Government
within three months of its constitution in the first instance and three months
prior to the completion of tenure of the existing State Authority and shall be
concluded within three months.
(3) The decisions of the Selection Committee shall be by majority.
(1) The Chairperson, Vice-Chairperson and Members of the
State Authority shall have the following qualifications and shall be chosen
from amongst persons:
(a) having expertise in relation to law or criminal justice or human rights;
(b) having a record of promoting communal harmony;
(c) being of high moral character, impartiality and integrity; and,
(d) who have not been members of any political party for a period of one
year prior to their selection.
(2) No person shall be eligible to be appointed as a Chairperson, Vice-hairperson or Member of the State Authority if:
(a) an inquiry into an offence under any law for the time being in force is
pending against him or her or he or she has been convicted for such
(b) he or she has, in any manner, exhibited bias against any group, by
acts or in writing or otherwise; or
(c) if subject to any disciplinary control, whether a public servant or
otherwise, a disciplinary proceeding is pending against him or her,
or he or she has been found guilty in any such proceeding.
(3) The Chairperson, Vice-Chairperson and Members of the State Authority
shall not contest elections for a period of two years after completion of their
term either under the Government of India or under the Government of any
State except to the office of President or Vice President of the Union of India.
47. Terms of the Members of the State Authority.-
(1) The Members of the State Authority shall serve on a full-time basis for a six year term.
Provided that at the first selection, two members shall be appointed for a term of two years, two members for a term of four years, and the remainder appointed for a term of six years.
(2) A person appointed as Chairperson or Vice-Chairperson shall hold office
for a term of two years from the date on which he or she enters upon his or
(3) A person appointed as Chairperson or Vice-Chairperson shall not be
eligible for re-appointment in the same capacity.
(4) Except for the first election, members with two years service in the State
Authority alone will be qualified to be Chairperson or Vice Chairperson.
48. Resignation and removal of Chairperson, Vice-Chairperson and
(1) The Chairperson, Vice-Chairperson or any Member may, by
notice in writing under his or her hand addressed to the Governor of the
State, resign from his or her office.
(2) Subject to the provisions of sub-section (2) of section 46, the Chairperson, the Vice-Chairperson or any Member of the National Authority shall only be removed from his or her office by order of the President on the grounds of proven misbehavior or functional incapacity after the Supreme Court in a reference made to it by the President, has on inquiry, held, in accordance with the procedure prescribed in that behalf that the person ought on any such ground be removed.
(3) Notwithstanding anything sub-section (2), the President may by order remove from office the Chairperson, Vice-Chairperson or any other Member if the Chairperson, Vice-Chairperson or any other Member, as the case may be -
(a) engages during his or her term of office in any paid employment
outside the duties of his or her office; or
(b) is unfit to continue in office by reasons of infirmity of mind or body;
(c) is convicted and sentenced to imprisonment for an offence which in
the opinion of the President involves moral turpitude.
49. Vacancies in the State Authority.-
(1) No act or proceedings of the State Authority shall be questioned or shall be invalidated merely on the ground of existence of any vacancy or defect in the constitution of the State Authority.
(2) In the event of the occurrence of any vacancy in the office of the State
Authority caused by any reason, a selection shall be held in accordance with
section 45 to fill the vacancy within two months of the vacancy arising.
(3) A Member so appointed to fill a vacancy shall serve for the remainder of
the predecessor’s term and, if that period is two years or less, shall be
eligible for re-selection for a full term.
50. Terms and conditions of service of Chairperson, Vice-Chairperson and
Members of the State Authority.-
The salaries and allowances payable to, and other terms and conditions of services of the Chairperson, Vice-Chairperson and Members shall be such as may be prescribed by the State Government.
Provided that neither the salary and allowances nor the other terms
and conditions of service of the Chairperson, Vice-Chairperson or a Member
shall be varied to his or her disadvantage after his or her appointment.
51. Procedure to be regulated by the State Authority.-
(1) Subject to the provisions of this Act and the rules made thereunder, the State Authority
shall have the power to lay down, its own procedure.
(2) All orders and decisions of the State Authority shall be authenticated by
the Secretary or any other officer of the State Authority duly authorized by
the Chairperson of the State Authority in this behalf.
52. Officers and other staff of the State Authority.-
(1) The State Government shall make available to the State Authority such police and investigative staff under an officer not below the rank of Inspector General of Police and such other officers and staff as may be necessary for the efficient performance of the functions of the State Authority.
(2) Subject to such rules as may be made by the State Government in this
behalf, the State Authority may appoint such other administrative, technical
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 by the State Government.
53. Functions of the State Authority.-
The State Authority shall perform all or any of the following functions on its own or through persons appointed by it, namely:-
(a) receive and collect information on:
(i) any acts that indicate a build up by State or non-state actors
towards communal and targeted violence;
(ii) any form of communication, propaganda, mobilisation or the
activities of persons, which may promote enmity or hatred against
(b) inquire or investigate, suo motu or upon any information received in
relation to any offence under this Act, through any means in whatsoever
manner including under directions issued by the National Authority;
(c) issue advisories and recommendations to State and non-state actors in
relation to clause (a) and section 54;
Provided that where the information received pertains to organized communal and targeted violence, the State Authority shall not issue any advisories or recommendations to the State or non-state actors but may recommend to the National Authority that such advisories or recommendations be issued; Provided that where any State Authority has not commenced an inquiry in accordance with powers vested under this Act or has not submitted an inquiry report to the National Authority within ninety days from the date of commencement of inquiry, the National Authority shall inquire into the matter. Provided further that where the National Authority has commenced an inquiry or investigation into any information received through any source, in relation to any matter relating to its functions under this Act, no State Authority shall inquire or investigate into the same.
(d) implement schemes made by the National Authority under clause (e) of section 31;
(e) appoint such number of Human Rights Defender for Justice and Reparations in accordance with section 56 as may be deemed necessary;
(f) prepare regular reports at least once every quarter on incidents, outbreaks and patterns of communal and targeted violence and submit it before the National Authority;
(g) visit, under intimation to the State Government, any relief camp under the control of the State Government, where persons mentioned under section 90 including those registered under section 98 are lodged, to study the living conditions of such persons;
(h) visit, under intimation to State Government, any jails or any other institution under the control of the State Government where persons are detained or lodged for the purposes of inquiry or investigation into any offence under this Act;
(i) ensure timely and effective investigation and prosecution of offences under this Act, including offences by public servants;
(j) intervene in any proceeding, involving any allegation of communal and targeted violence pending before a court, with approval of such court;
(k) such other functions that the National Authority may consider necessary
and entrust to the State Authority for the preservation of communal
harmony and prevention and control of communal and targeted violence.
54. Monitoring and review by State Authority of performance of duties.-
The State Authority shall observe, monitor and review the performance of
duties by public servants in relation to the following:
(i) effectiveness of steps taken by public servant for prevention of
communal and targeted violence;
(ii) postings, transfer and replacement of any individual officers, administrative or police, from their jurisdictions of power and control that affect areas where outbreaks of communal and targeted violence or possibilities thereof, are reported or anticipated;
(iii) recording of information where offences under this Act have been committed;
(iv) provision of timely and adequate measures related to relief, rehabilitation, reparation and restitution of all persons entitled under section 90 including those registered under section 98, in accordance with provisions of this Act.
55. Application of certain provisions relating to the National Authority to the State Authority.-
The provisions of section 33 shall apply to a State Authority and shall have effect, subject to the modification that references to “National Authority” shall be construed as references to “State Authority”.
56. Defender for Justice and Reparations.-
1) The State Authority may appoint, for each district, such number of persons as it may be necessary, who shall be known as the ‘Human Rights Defender for Justice and Reparations’ to perform the functions assigned to him or her under this Act.
(2) The Human Rights Defender for Justice and Reparations shall be
appointed for a period of three years and shall be a person who has
expertise in relation to law or human rights and has a record of preserving
(3) The Human Rights Defender for Justice and Reparations shall function to
ensure that all persons affected by communal and targeted violence and
entitled to be benefits under 90, are able to access their rights under the
Constitution of India or this Act or any other law for the time being in force,
and for the aforesaid purpose, do all such things as may be necessary to
achieve that objective of access to justice.
INVESTIGATION, PROSECUTION AND TRIAL
57. Application of Code of Criminal Procedure, 1973.-
Provisions of the Code of Criminal Procedure, 1973, shall apply to this Act, save and except as
amended or supplemented to the extent provided under this Chapter, in relation to offences committed under this Act.
58. Offences to be cognizable and non-bailable.- Unless otherwise specified,
all offences specified under this Act, shall be cognizable and non-bailable.
59. Translated true copy of information to be given within seven days. –
(1) A true translated copy of information recorded under sub-section (2) of
section 154 of the Code of Criminal Procedure, 1973, shall be the supplied to
the informant or victim in the language understood by him or her within seven
days of the information being recorded.
(2) Where any information is received through electronic communication
including electronic mail or fax, such electronic communication shall be
recorded fully and accurately in such a manner that the original content of
such electronic communication is not lost in translation and a copy of such
electronic communication shall be appended to the true translated copy of
information recorded and supplied to the informant or victim under sub-section (1).
60. Inaccurate recording of information.-
Any informant who believes that the information referred to in sub-section (1) of section 154 of the Code of Criminal Procedure, 1973 was not recorded accurately or fully, or who fails to get a copy of the recorded information if submitted orally or through electronic communication, may send the substance of such information, in writing and by post, to the concerned Superintendant of Police or Deputy Commissioner of Police as the case may be, who, if satisfied that such information discloses the commission of an offence under this Act, shall either investigate the case himself or herself or direct an investigation to be made by an police officer subordinate to him or her, in the manner provided under this Act, and such officer shall have all the powers of an officer in-charge of the station in relation to that offence.
61. Recording of information in relief camps.-
(1) It shall be the duty of a police officer not below the rank of Deputy Superintendent of Police to visit every relief camp within seven days of its establishment to conduct an inquiry and record statements into the circumstances and cause of each individual being displaced and put in a relief camp.
(2) The statements under sub-section (1) shall be recorded in the presence
of two respectable citizens belonging to the same group as the informant or
victim and must be attested by them and all such statements shall be treated
as being statements under sub-section (3) of section 161 of the Code of
Criminal Procedure, 1973.
Provided that where the victim of sexual assault is a woman or child,
the information shall be recorded by a Deputy Superintendent of Police who
is a woman.
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Monday, September 12, 2011
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