State of Rajasthan - Act
Rajasthan State Human Rights Commission (Procedure) Regulations, 2001
RAJASTHAN
India
India
Rajasthan State Human Rights Commission (Procedure) Regulations, 2001
Rule RAJASTHAN-STATE-HUMAN-RIGHTS-COMMISSION-PROCEDURE-REGULATIONS-2001 of 2001
- Published on 19 January 2001
- Commenced on 19 January 2001
- [This is the version of this document from 19 January 2001.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title.
Chapter I
Preliminary
2. Definitions.
3. Head Quarters of the Commission.
- The Head quarters of the Commission shall be, as notified by the State Government, at jaipur.4. Venue of the Meetings.
- The Commission shall ordinarily hold its meetings and sittings in its office at jaipur. However, it may, in the discretion of the Chairperson, hold its meetings and sittings at any other place in Rajasthan, if he considers the same necessary and expedient.5. Periodicity of Sittings.
- The Commission shall normally have its regular sittings on all working days of every month, excepting Saturdays and holidays. The Chairperson may, however either suo motu or at the request of one or more members, direct a special sitting to be convened to consider any matter of urgency.6. Secretarial Assistance.
- The Secretary shall, alongwith such other officers of the Commission as may be directed by the Chairperson, attend meetings of the Commission.7. Agenda.
- The secretary shall, in consultation with the Chairperson, prepare the agenda for each meeting of the Commission and shall cause notes thereon to be prepared by the secretariat. Such notes shall as far as possible, be self contained. Specific files covering the agenda items shall be made available to the Commission for reference. The Agenda papers shall ordinarily be circulated to the Members at least two clear days in advance of every meeting. When matters are set down only for hearing, cause list of the day of sitting shall be prepared and circulated. The Commission may, however, take up any matter for deliberation, which is not included in the agenda of the meeting.Chapter II
Procedure of Dealing with Complaints or Suo-motu Action
8. General.
9. Complaints not ordinarily entertainable.
- The Commission may dismiss in limini complaints of the following nature:10. Processing of Complaints.
11. Classification.
- Subject wise classification of the complaints shall be made as per the list in the Appendix-I, which may be modified or amended from time to time as per the orders of the Chairperson.12. Registration.
13. Constitution of Benches.
- Subject to such special or orders of the Chairperson, all complaints shall be 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 or a a Full Bench, the papers shall be placed before the Chairperson for assigning the case to such a Division Bench or Full Bench, if the Chairperson also concurs with that opinion. If the Chairperson feels that having regard to the importance of the matter the case should be heard by a larger bench, the case may be referred to such a larger Bench, constituted for that purpose.14. Preparation of Cause List.
- Cause list shall be prepared listing the cases under the following heads:-15. Posting of cases.
16. Preliminary Consideration and steps.
17. Recording of orders.
18. Districtwise Information Register.
- A register in Form-H shall be maintained for each District and the relevant information shall be entered as and when available in the relevant columns.19. Preparation of Synopsis.
20. Summons.
(a)Summons in Form-J, indicating the purpose of summoning such person shall be issued in the following cases :-21. Ordering Investigation.
22. Communication of Recommendations.
- Whenever the Commission makes any recommendation after considering the inquiiy report, a copy of the inquiry report alongwith its recommendation shall be sent within seven days from the date of such recommendation to the concerned government or authority calling upon it to furnish it comments on the report including the action taken or proposed to be taken within one month or such further time as the Commission may allow.23. Follow up action.
24. Procedure regarding suo-motu action.
- The procedure contained in this Chapter shall mutatis mutandis apply to suo-motu action taken by the Commission.25. Opportunity to persons before the Commission.
- The Commission may, in its discretion, afford a personal hearing to the petitioner or any other on his behalf and such other person or persons as in the opinion of the Commission should be heard for the proper 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 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.26. Publication.
- When the Commission passes order after inquiry under Section 17, the Registrar shall cause to:-27. Mode of communication.
- Unless otherwise ordered, all communications from the commission shall be sent by ordinary post.28. Review.
29. Consignment of Records.
- Records of all cases finally disposed of shall be consigned to the Record section after completing the entries in the register in Form-H.30. Period of Retention of Records.
31. Weeding of Records.
32. Periodical Statements.
- The Registrar shall arrange for the preparation of the following statements:-Chapter III
Miscellaneous
33. Minutes of the Meeting.
34. Record of Minutes.
- A master copy of the minutes of every meeting and opinions of the Commission shall be maintained duly authenticated by the secretary and a copy of the minutes pertaining to each item shall be added to the relevant file for appropriate action. Opinions shall be kept in the respective records and for convenience, copies thereof with appropriate indexing shall be kept in guard files.35. Report of Action taken.
- Report of follow up action shall be submitted to the commission by the secretary at every subsequent meeting indicating therein the present stage of action on each item on which the Commission had taken a decision in any of its earlier meetings, excepting the items on which no further action is called for.36. Transaction of business outside the Headquarters.
37. Authentication of orders and decisions.
- Orders and decisions of the Commission shall be authenticated by the secretary or any officer' authorised by the Chairperson not below the rank of an Assistant Registrar.38. Copies.
- Unless any document is classified by the Commission as confidential, a copy of the same may be made available to the parties in the matter, on payment of copying charges fixed by the Commission from time to time. Copies shall be furnished as expeditiously as possible.39. Representative.
- Parties before the Commission shall appear either in person or through authorised representative, unless personal attendance is required by the Commission. Such a representative may be a member of the Bar or such other person authorised by the Commission to represent the parties.40. Annual Report.
- The Commission shall prepare an Annual Report for the period commencing from 1st April of the year to 31st March of succeeding year, signed by the Chairperson and all the Members and the same shall be preserved as a permanent record. Authenticated copies shall be sent to the State Government by the end of May of every year.41. Special Reports.
- The Commission shall likewise prepare and forward special Reports on specific matters as provided in section 28 of the Act.42. Printing of Reports.
- The Secretariat of the Commission shall arrange for the printing of the Annual and Special Reports within a month after its finalisation.43. Reports on complaints and inquiries.
- Reports contemplated under section 18 of the Act shall be sent to the Government or the concerned authority or the person as the case may be within a week of completion of the proceedings before the Commission. On receipt of the comments of the Government or the Concerned authority or the person, the Commission shall publish the report in the manner provided in Section 18 of the Act, within 10 days of the receipt of the intimation.44. Investigation Division.
- The Commission shall have its own team of investigation headed by a person not below the rank of inspector General of Police. The team shall consist of police officers and subordinate staff as sanctioned by the State Government from time to time on the recommendation of the Commission. The Commission may also, in its discretion, appoint adequate number of outsiders to be associated with the investigation Team either as Investigators or Observers and fix their duties and remuneration.45. Amendments and additions.
- It shall be competent for the Commission to add, delete and amend these Regulations from time to time and to make appropriate directions on any matter not covered by these Regulations.Form A(Regulation No. 10)Rajasthan State Human Rights Commission(Law Division)Case No.1. Classification Code (Incident code)
2. Place of incident
3. Police Station/tehsil
4. District
5. Date of incident
6. Diary No.
7. Date of Receipt
8. Date of complaint
9. Mode of complaint
10. Category of complaint
11. Category of case
12. Name
13. Address
14. Tehsil/police station
15. District
16. Religion
17. Caste
18. Sex
19. Whether disabled person?
20. Name
21. Address
22. District
1. Classification Code (Incident code)
2. Place of incident
3. Police Station/tehsil
4. District
5. Date of incident
6. Diary No.
7. Date of Receipt
8. Date of complaint
9. Mode of complaint
10. Category of complaint
11. Category of case
12. Name
13. Address
14. Tehsil/ police station
15. District
16. Religion
17. Caste
18. Sex
19. Whether disabled person?
20. Name
21. Address
22. District
1. Case No.
2. Name of complainant
| S.No. | Description of document | Date of document | Date of receipt | Number of pages |
1. Case no.
2. Classification .
3. Code no.
4. Personal or public interest complaint
5. Section
6. Number of connected cases.
7. Name of the complainant.
8. Name of person proceeded against.
9. District
10. Scrutiny Report
Form A or Form-BSingle BenchDivision BenchFull BenchDate and Nature of DisposalForm-F[Regulations 16(a)]Rajasthan State Human Rights Commission(Law Division.)No.Date/........./2001Ref: Your complaint dated............Sir/madam.Your complaint referred to above has been registered as case No. and the Commission, upon consideration of your complaint, has passed the following order;"Order"Yours faithfully.Assistant Registrar.Form E[Regulation 17(a)]Rajasthan State Human Rights Commission(Law Division)Order Sheet1. Case no.
2. Name of the complainant.
| Records of steps taken with date | Orders or proceedings of the Commission with date |
1. Case no.
2. Complainant.
3. Classification.
4. Code no.
5. Opposite party.
6. Summary of facts or allegations on the issues of human rights arising for Consideration.
7. Summary of directions or orders of the Commission so far.
8. Summary of the information or report received from the concerned authority.
9. A short assessment of the facts and circumstances available on record.
DateDeputy Registrar.Form-H[Regulation 18]Rajasthan State Human Rights Commission District Wise Information RegisterName of District| S. No. | Case no | Name & address of complainant | Name of victim. | Date of incident | Nature of violation |
| 1 | 2 | 3 | 4 | 5 | 6 |
| Classification | Date of taking cognizance | Authority from whom information or report calledfor | Date of disposal | Dismissed in limini |
| 7 | 8 | 9 | 10 | 11 |
| Nature of Disposal after notice | Date of Weeding | |||
| Disposed off with direction | ||||
| Disposed off without direction | Without calling for compliancereport | After calling compliance report | Date of compliance | |
| 12 | 13 | 14 | 15 | 16 |
| Name of district | Pendency in beginning | Registered in the month | Total pendency | Dismissal in Limini | Disposal without directions | Disposal with directions | Total disposal | Pendency at the end of the month | Remark |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| Children | Health | Jail | |||
| Sub code | No of cases | Sub code | No of cases | Sub code | No of cases |
| Criminal gangs | Labour | Minorities | |||
| Sub code | No of cases | Sub code | No of cases | Sub code | No of cases |
| Police | Pollution | Communal problems | |||
| Sub code | No of cases | Sub code | No of cases | Sub code | No of cases |
| Women | Miscellaneous | Others | Total | ||
| Sub code | No of cases | Sub code | No of cases | ||
| Code No. | Major Head | Sub Code No. | Sub-Head |
| 1 | 2 | 3 | 4 |
| 100 | Children | 100.01 | Child Labour |
| 100.02 | Child Marriage | ||
| 100.03 | Child Prostitution | ||
| 100.04 | Exploitation of Children | ||
| 100.05 | Immoral Traffic in Children | ||
| 100.06 | Cruelty to Children | ||
| 100.07 | Neglect of Children | ||
| 200 | Health | 200.01 | Exploitation of the mentally retartded |
| 200.02 | Public Health hazards | ||
| 200.03 | Malfunctioining of medical professionals | ||
| 300 | Jail | 300.01 | Custodial death |
| 300.02 | Custodial Rape | ||
| 300.03 | Exploitation of child prisoners | ||
| 300.04 | Deprivation of legal aid | ||
| 300.05 | Harassment of Prisoners | ||
| 300.06 | Irregularities in Jail | ||
| 300.07 | Unlawful solitary confinement | ||
| 400 | Criminal Gangs | 400.01 | Harassment by Gangs |
| 400.02 | Harassment by local goonda | ||
| 400.03 | Mischief of anti social elements | ||
| 500 | Labour | 500.01 | Bonded Labour |
| 500.02 | Exploitation of labour | ||
| 500.03 | Forced Labour | ||
| 500.04 | Hazardous employment | ||
| 500.05 | Slavery | ||
| 500.06 | Traffic in human labour | ||
| 600 | Minorities | 600.01 | Discrimination against minorities |
| 600.02 | Discrimination against S.C./S.T. | ||
| 600.03 | Harassment of S.C./S.T. | ||
| 700 | Police | 700.01 | Arbitrary use of power |
| 700.02 | Abduction/Kidnapping | ||
| 700.03 | Abuse of power | ||
| 700.04 | Attempted Murder | ||
| 700.05 | Atrocities on S.C./S.T. | ||
| 700.06 | Custodial Death | ||
| 700.07 | Custodial Rape | ||
| 700.08 | Custodial torture | ||
| 700.09 | Custodial violence | ||
| 700.10 | Death in police firing | ||
| 700.11 | Death in police encounter | ||
| 700.12 | Fake encounters | ||
| 700.13 | Failure in taking lawful action | ||
| 700.14 | False implications | ||
| 700.15 | Illegal arrest | ||
| 700.16 | Unlawful detention | ||
| 700.17 | Police motivated incidents | ||
| 700.18 | Rape | ||
| 700.19 | Victimization | ||
| 800 | Pollution | 800.01 | Ecological disturbances |
| 800.02 | Pollution affecting surroundings | ||
| 900 | Religion/Community | 900.01 | Communal Violence |
| 900.02 | Group Clashes | ||
| 900.03 | Racial discrimination | ||
| 900.04 | Religious discrimination | ||
| 900.05 | Caste Panchayats; excommunication | ||
| 1000 | Women | 1000.01 | Abduction and Rape |
| 1000.02 | Discrimination against women | ||
| 1000.03 | Dowry or attempt | ||
| 1000.04 | Dowry demand | ||
| 1000.05 | Exploitation | ||
| 1000.06 | Gang Rape | ||
| 1000.07 | Indignity of women | ||
| 1000.08 | Women : Immoral trafficking | ||
| 1000.09 | Murder | ||
| 1000.10 | Sexual harassment | ||
| 1001 | Miscellaneous | 1001.01 | Disappearance |
| 1001.02 | Unlawful actions of public | ||
| 1001.03 | Servants Unlawful eviction | ||
| 1002 | Not Admissible | 1002.01 | Vague or illegible or trivial |
| 1002.02 | Anonymous or pseudonymous | ||
| 1002.03 | Pending before any commission constituted bit law | ||
| 1002.04 | More than one year old | ||
| 1002.05 | Allegation is not against any public servant | ||
| 1002.07 | Service matter or labour matter or industrialmatter | ||
| 1002.08 | Sub-judice before a court or tribunal | ||
| 1002.09 | Covered by judicial verdict or decision bycommission | ||
| 1002.10 | Copy of complaint is endorsed | ||
| 1002.11 | Outside the purview |