ORDINANCE No.12 OF 2006
THE PROTECTION OF HUMAN RIGHTS (KERALA AMENDMENT) ORDINANCE, 2006
Promulgated by the Governor of Kerala in the Fifty-seventh Year of the Republic of India.
AN
ORDINANCE
further to amend the Protection of Human Rights Act, 1993 in its application to the State of Kerala.
Preamble.- WHEREAS it is expedient further to amend the Protection of Human Rights Act, 1993 in its application to the State of Kerala, for the purposes hereinafter appearing;
AND WHEREAS the Protection of Human Rights (Kerala Amendment) Ordinance, 2005 (22of 2005) was promulgated by the Governor of Kerala on the 16th day of December, 2005;
AND WHEREAS a Bill to replace the said Ordinance by an Act of the State Legislature could not be introduced in, and passed by, the Legislative Assembly of the State of Kerala during its session which commenced on the 3rd day of February, 2006 and ended on the 21st day of February, 2006 and during its session which commenced on the 14th day of March, 2006 and ended on the 15th day of March, 2006;
AND WHEREAS under sub-clause (a) of clause (2) of article 213 of the Constitution of India, the said Ordinance, 2005 will cease to operate on the 17th day of March, 2006;
AND WHEREAS difficulties will arise if the provisions of the said Ordinance are not kept alive;
AND WHEREAS the Legislative Assembly of the State of Kerala is not in session and the Governor of Kerala is satisfied that circumstances exist which render it necessary for him to take immediate action;
AND WHEREAS instructions from the President have been obtained in pursuance of the proviso to clause (1) of article 213 of the Constitution of India;
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 213 of the Constitution of India, the Governor of Kerala is pleased to promulgate the following Ordinance:-
1. Short title and commencement.- (1) This Ordinance may be called the Protection of Human Rights (Kerala Amendment) Ordinance, 2006.
(2) It shall be deemed to have come into force on the 16th day of December, 2005.
2. Act 10 of 1994 to be temporarily amended.--During the period of operation of this Ordinance, the Protection of Human Rights Act, 1993 (Central Act 10 of 1994) (hereinafter referred to as the principal Act), shall in its application to the State of Kerala, have effect subject to the amendments specified in sections 3 and 4.
3. Amendment of section 21.- In section 21 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely:-
“(2) The State Commission shall consist of,--
(a) a Chairperson, who has been a Judge of a High Court for at least five years;
(b) one Member who is, or has been, a Judge of a High Court or a District Judge in that State with a minimum of seven years experience as District Judge;
(c) one Member to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights".
4. Validation.-- Notwithstanding anything contained in the principal Act or in any judgment, decree or order of any Court, all acts done or deemed to have been done, before the commencement of this Ordinance, in the matter of authorisation of any member who has already been authorised to act as Chairperson, and all actions taken by him in furtherance thereof, shall be valid and shall be deemed to have been validly done and the validity of such authorisation and actions taken shall not be called in question in any court of law on the ground that they have not been done in accordance with the provisions of the principal Act as amended by this Ordinance.
5. Repeal and Saving .-- (1) The Protection of Human Rights (Kerala Amendment) Ordinance, 2005 (22 of 2005) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Ordinance.
GOVERNOR
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