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Protection of Human Rights Act, 1993

22.Appointment of Chairperson and other Members of State Commission.-

(1) The Chairperson and other Members shall be appointed by the Governor by warrant under his hand and seal:

Provided that every appointment under this sub-section shall be made after obtaining the recommendation of a Committee consisting of-

(a) the Chief Minister -chairperson;

(b) Speaker of the Legislative Assembly -member.

(c) Ministers in-charge of the Department of Home in that State -member;

(d) Leader of the Opposition in the legislative Assembly - member

Provided further that where there is a Legislative Council in a State, the Chairman of that Council and the Leader of the opposition in that Council shall also be members of the Committee:

Provided also that not sitting Judge of a High court or a sitting district judge shall be appointed except after consultation with the Chief Justice of the High court of the concerned State.

(2) No appointment of a Chairperson or a Member of the State Commission shall be invalid merely by reason of any vacancy in the committee.

Protection of Human Rights Act, 1993 Back

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