Section 8 in The National Human Rights Commission (Procedure) Regulations, 1994
8. Procedure for dealing with complaints
.- [(1) All complaints in whatever form received by the Commission, shall be registered and assigned a number and placed for admission as per the special or general directions of the Chairperson before a Single-Member Bench constituted for the purpose, not later than one week of receipt thereof. If the Single-Member Bench dealing with the case, either for admission or for final disposal, having regard to the importance of the issues involved, is of the opinion that the case should be heard by a Bench of not less than two Members, he/she may refer the case to a Bench of two Members. On receipt of the reference, the case shall be assigned to a Bench of two or more Members, as may be constituted by the Chairperson. Ordinarily, complaints of the following nature are not entertainable by the Commission:-(a)in regard to events which happened more than one year before the making of complaints;(b)with regard to matters which are sub-judice;(c)which are vague, anonymous or pseudonymous;(d)which are of frivolous nature; or(e)those who are outside the purview of the Commission.](2)No fee is chargeable on complaints.(3)Every attempt should be made to disclose a complete picture of the matter leading to the complaint and the same may be made in English or Hindi to enable the Commission to take immediate action. To facilitate the filing of complaints, the Commission shall, however, entertain complaints in any language included in Eighth Schedule of the Constitution. It shall be open to the Commission to ask for further information and affidavits to be filed in support of allegations whenever considered necessary.(4)The Commission may, in its discretion, accept telegraphic complaints and complaints conveyed through Fax.(5)The Commission shall have power to dismiss a complaint in limine .(6)Upon admission of a complaint, the Chairperson/Commission shall direct whether the matter would be set down for inquiry by it or should be investigated into.(7)On every complaint on which a decision is taken by the Chairperson/Commission to either hold in enquiry or investigation, the Secretariat shall call for reports/comments from the concerned Government/authority giving the latter a reasonable time therefor.(8)On receipt of the comments of the concerned authority, a detailed note on the merits of the case shall be prepared for consideration of the Commission.(9)The directions and recommendations of the Commission shall be communicated to the concerned Government/authority and the petitioner as provided for in sections 18 and 19 of the Act.(10)The Commission may, in its discretion, afford a personal hearing to the petitioner or any other person on his behalf and such other person or persons as in the opinion of the Commission should be heard for appropriate disposal of the matter before it and, where necessary, call for records and examine witnesses in connection with it. The Commission shall afford a reasonable hearing, including opportunity of cross-examining witnesses, if any, in support of the complaint and leading of evidence in support of his stand, to a person whose conduct is enquired into by it or where in its opinion the reputation of such person is likely to be prejudicially affected.(11)Where investigation is undertaken by the team of the Commission or by any other person under its discretion, the report shall be submitted within a week of its completion or such further time as the Commission may allow. The Commission may, in its discretion, direct further investigation in a given case if it is of opinion that investigation has not been proper or the matter requires further investigation for ascertaining the truth or enabling it to properly dispose of the matter. On receipt of the report, the Commission on its own motion, or if moved in the matter, may direct inquiry to be carried by it and receive evidence in course of such inquiry.(12)The Commission or any of its Members when requested by the Chairperson may undertake visits for an on the spot study and where such study is undertaken by one or more Members, a report thereon shall be furnished to the Commission as early as possible.
