Section 40 in The Protection of Human Rights Act, 1993
40. Power of Central Government to make rules.
(1)The Central Government may, by notification, make rules to carry out the provisions of this Act.(2)In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:(a)the salaries and allowances and other terms and conditions of service of the [Chairperson and Members] [Substituted by Act 43 of 2006, Section 17, for "Members" (w.e.f. 23.11.2006).] under section 8;(b)the conditions subject to which other administrative, technical and scientific staff may be appointed by the Commission and the salaries and allowances of officers and other staff under sub-section (3) of section 11;(c)any other power of a civil Court required to be prescribed under clause (f) of sub-section (1) of section 13;(d)the form in which the annual statement of accounts is to be prepared by the Commission under sub-section (1) of section 34; and(e)any other matter which has to be, or may be, prescribed.(3)Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.[40-A. Power to make rules retrospectively. [Inserted by Act 49 of 2000, Section 2 (w.e.f. 11.12.2000).]- 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.][40-B. Power of Commission to make regulations. [Inserted by Act 43 of 2006, Section 18 (w.e.f. 23.11.2006).](1)Subject to the provisions of this Act and the rules made thereunder, the Commission may, with the previous approval of the Central Government, by notification, make regulations to carry out the provisions of this Act.(2)In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:(a)the procedure to be followed by the Commission under sub-section (2) of section 10;(b)the returns and statistics to be furnished by the State Commissions;(c)any other matter which has to be, or may be, specified by regulations.(3)Every regulation made by the Commission under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.]
