The Tripura Human Rights Commission Rules,

2015.
No. 273 Regist()md No, N, ():H)

TRIPURA GAZETTE
Authority
EXTRAORDINARY ISSUE

AgartaJa, Tuesday. October 27, 2015 A. D., Karlika '5, 1937 S. E.

PART - I - Orders and Notifications by the Government of Tripura,

The High Court, Government Treasuryetc.

GOVERNMENTOFTRlPURA
LAW DEPARTMENT
SECRETARlAT:AGARTALA
No.F.8(22)-LAW/LEG-II201 0/3246 Dated, Agartala, the 27th October, 2015,
NOTIFICATION
In exercise of the powers conferred bj Section 41 of the Protection of Human Rights
Act, I993 (Central Act 10 of 1994), the Government of Tripura hereby makes the following
rules, namely :-
I
1. Short title and commencement :
(I) These may be called 'The Tripura Human Rights Commission Rules. 2015':
(ii) They shall come: into farce on the date of their publication in the State Gazette,

2. Definitions!
(i) In these Rules, unless the context otherwise requires, -
(a) "Act" rrie.ans the Protection of Human Rights Act, 1993 (Central Act 10 of
1994);
('0) "Chairperson" means the Chairperson of the Commission appointed under section
22 of the Act;
(c) "Commission' means the Tripura Human Rights Commission, constituted under
section 21 of the Act;
(d) "Member" means the member of the Commission;

(ii) All other words and expressions used in these Rules and not defined, but
defined in the Act. shall have. meanings respectively assigned to them in the Act.
3. Headquarters;
The H(;<KiqUfu--tCT:S or the T'rip urn Huma1, Rights Commission shall be at
Agartala.

4. $alary:
(i) Tl.ere shall be paid to -
(a) the Chairperson. the salary and al lovvances equal to the salary and allo,>"ances of
the Chief Justice of aHigh Court;
(b) a r,'!ember, who j s or has been a Judge of a High Court, the salary and allowances
equal to the salary and allowances of a Judge of a High Court;
(c\
e) a 'v'
1 K ernb
.. oer, l'
\',h10 1S or h as b een a jjf istnct
••• , .1U dige, the sal
L1 e salary and a I'lowances equal to
the salary and allowances of a District Judge;
(d) ,a M?rr:ber, who is or has been in any other public service under the Government
of tne Uriion or of the State, the salary and allowances equal to the salary and
allowances of such service:
~e),~ Membe;, who do~s not belong to any category, as mentioned under (b) to (d)
above, the saiary and allowances shall be as specified by the State Government from
nme to time, by Notification:
 Tripura Gazette, Extraordinary Issue, October 27, 2015 A. D.

Provi.ied that if the Chairperson or a Member, at the time of his appointment

is in receipt of or being eligible to receive any pension and had elected to draw or
receive the pension (other than disability 01' would pension) in respect of any
previous service under the Government of the Union or of a State, his salary ill
respect of service as a chairperson or as the case may be a Member, shall be
reduced>
1) by the amount of that pension;
2) if he had, before assuming office, received in lieu of a portion of pension
due to him in respect of such previous service, the cornrrruted value theroof
by the amount of that portion of the pension; and
3) by any other form of retirement benefits, being drawn or availed or to be
drawn or availed of by him.

(ii) A person, who, on the date of his appointment as a member of the

Commission, was in any Government service, shall be deemed to have retired
from the service with effect from the date on which he enters upon his office as a
Member of the Commission.

5. Leave:
(i) A person, on appointment as Chairperson or as a Member shall be entitled to
leave as follows;

(a) Earned leave @ fifteen days for every completed Calendar year of service
or a part thereof;
(b) Half pay leave on medical certificate or on private affairs @ twenty days
in respect of each completed year of service and the leave salary for half
pay leave shall be equivalent to half of the leave salary admissible during
the earned leave;
(c) Leave on half pay can be commuted to full pay leave at the discretion of
the Chairperson or a member, if it is taken on medical ground and is
supported by a medical certificate from the Competent Medical Authority;
(d) Extraordiriary leave without pay and allowances upto a maximum of one
huridre d and eighty days in one term of office.
(ii) On the expiry of his term of office in the Commission, the Chairperson and
Members shall be entitled to receive cash equivalent of leave salary in respect of
earned leave standing to their credit subject to the condition that the maximum of
leave encashed under this sub-rule or at the time of retirement from previous
service, as the case may be, or taken together, shall not in any case exceed 300
days.

(iii) The Chairperson and the Members shall be entitled to receive dearness
allowance as adrni ss ibl e on the leave salary under sub-rule (2), at the rates in
force on the date of the relinquishmeat of their office in the Commission:

Provided that he shall not be entitled to city' compensatory allowance or any

other al lo warice on such leave.

(iv) If a sitting Judge of a High Court is appointed as a member, then.

notwithstanding anything contained in these rules, chapter II of the High Court
Judges (Conditions of Service) Act, 1954 shall apply to him upto the date of his
superannuation as a sitting Judge of a High COUli and thereafter he shall be
entitled to leave in accordance with the provision of sub-rules (i) to (iii) of this
rule.
 Tripura Gazette, Extraordinary Issue, October 27, 2015 A. D.

6. Leave Travel Concession:

The Chairperson and the members shall be entitled to leave travel concession
at the same rates and at the same scale and on the same conditions as are applicable to
a judge of a High Court.

7. Authority competent to grant leave:

The power to grant or refuse leave to the Chairperson or a Member and to
. revoke or curtail leave granted to him shall vest in the Governor and shall be exercised
by him and decision thereof be communicated through officers subordinate to him in
accordance with this Constitution.

8. Travelling Allowances:
The Chairperson and the Members, while on tour (including the journey
undertaken to join the commission or on the expiry of his term with the Commission
to proceed to his home town) shall be entitled to travelling allowances, allowances for
transportation of personal effects and other similar matters and daily allowances at the
same rates as are admissible to a judge of the High Court of Tripura,

9. Other conditions of service:

(i) The condition of service relating to, provision for rent free accommodation,
conveyance facilities, medical facilities and such other conditions of service as are,
for the time being, applicable to a judge of a High Court under Chapter IV of the High
Court Judges (Conditions of Service) Act, 1954 and the rules made thereunder, as
amended from time to time shall, so far as may apply to the Chairperson, as specified
\ by the State Government from time to time, by Notification;
(ii) The condition of service relating to provision for rent free accommodation,
conveyance facilities, medical facilities and such other conditions of service of a
Member, shall be as specified by the State Government from time to time, by
Notification.

10. Right to subscribe to General Provident Fund:

Every person holding office as Chairperson or a Member shall be entitled to
subscribe to the General Provident Fund.

11. Residuary Provisions:

6) Notwithstanding anything contained in the foregoing provrsions of these
Rules, the Chairperson shall not be paid any salary or allowance, other than T.A, D.A .
and out of pocket expenses, unless and until a Notification in that regard is issued by
the State Government;

(ii) The conditions of service of the Chairperson and the Members for which no
express provision is made in these rules shall be determined by the rules and orders
for the time being applicable to a Ch~ef Justice or a Judge of the High Court of
Tripura, as the case may be.

12. Resignation:
A Chairperson or member may, by writing under his hand addressed to the
o Governor, resign his office.

1~. Officers and other employees of the State Commission:

(i) The number of employees' of the Tripura Human Rights cornrmssron, their
qualifications, method of appointment and scale of pay shall be as decided by the
State Government from time to time;

3
 Tripura Gazette, Extraordinary Issue, October 27, 2015 A. D.

(ii). Selection of candidates for appointment to selection categories or grades in the

service shall be made by Departmental Promotion Committee constituted by the
Tripura Human Rights Commission;

(iii) the officers and other employees of the Tripura Human Rights Commission shall
be entitled to all allO\\ances and benefits admissible to State Government Employees
with corresponding scales of pay;

(iv) In maters relating to age for appointment, probation, pay and allowances,
disciplinary, actions, benefits and entitlements and age of retirement, the officers and
other employees of the T ripura Human Rights Commission shall be governed by the
rules as are applicable to persons holding equivalent posts in the services of State
Government

14. Administration and disciplinary control over the Officers, employees and
investigqting staff:
In the discharge of their functions under the Act, the officers and employees
referred to in section 2T of the Act shall, while they are in the' service of the
Commission, be subject to the exclusive administrative and disciplinary control of the
Commission.

15. Investigation team:

The Commission shall have its own team of investigation to be headed by a
person not below the rank of an Inspector General of Police appointed by it and such
team sl~alI consist of such categories of police and other officers as may be notified by
the Government from time to time on the recommendation of the Commission.
16. Power to relax rules:
The State Govemment, if it considers expedient to do so, shall have the power
to relax any of the rules, in respect of any class or categories of persons, subject to the
condition that such relaxation is not inconsistent with any provision of the Act.

By ord.er of the Govemor'4

.fJ ~ 2~r f-r--
(D,lvUamatia)' ,1

LR & Secretary, Law

Government of TriDura

Printed at the Tripure Government Press, Agartala.

4