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Report No. 273

12. Power to make rules.

(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) steps required for prevention of cases of torture:

(b) involvement of civil society and steps for ensuring civil treatment to prisoners consistent with their human rights:

(c) manner of training of law enforcement personnel, civil or military or medical personnel, public officials and other persons who may be involved in the custody, interrogation or treatment of any individual subject to any form of arrest, detention or imprisonment:

(d) Monitoring of police custody;

(e) Impartial and prompt investigation procedures;

(f) The form and manner in which an appeal maybe preferred and the fee which shall accompany such memorandums of appeal under sub-section (2) of section 7;

(g) Assistance, where necessary, in filing complaints of torture;

(h) Procedure relating to payment of compensation to victims;

(i) any other matter in respect of which rules is required to be made under this Act.

(3) Every rule made under this section 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.

Implementation of United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment through Legislation Back

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