Protection of Human Rights (Amendment) Act, 2006

Section 1. Short title and commencement

(1) This Act may be called the Protection of Human Rights (Amendment) Act, 2006.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Section 2. Amendment of Section 2

In Section 2 of the Protection of Human Rights Act, 1993 (10 of 1994) (hereinafter referred to as the principal Act), in sub-section (1),-

(a) for clause (f), the following clause shall be substituted, namely:-

“(f) “International Covenants” means the International Covenants on Civil and Political Rights and the International Covenants on Economic, Social and Cultural Rights adopted by the General Assembly of the United Nations on the 16th December, 1966 and such other Covenant or Convention adopted by the General Assembly of the United Nations as the Central Government may, by notification, specify;”

(b) for clause (g), the following clause shall be substituted, namely:-

‘(g) “Member” means a Member of the Commission or of the State Commission, as the case may be;’;

(c) for clause (i), the following clauses shall be substituted, namely:-

‘(i) “National Commission for the Scheduled Castes” means the National Commission for the Scheduled Castes referred to in Article 338 of the Constitution;

(i-a) “National Commission for the Scheduled Tribes” means the National Commission for the Scheduled Tribes referred to in Article 338-A of the Constitution;

Section 3. Amendment of Section 3

In Section 3 of the principal Act,-

(a) in sub-section (3), for the words “the National Commission for the Scheduled Castes and Scheduled Tribes”, the words “the National Commission for the Scheduled Castes, the National Commission for the Scheduled Tribes” shall be substituted;

(b) in sub-section (4), for the words “as it may delegate to him”, the brackets, words, figures and letter “(except judicial functions and the power to make regulations under Section 40-B) as may be delegated to him by the Commission or the Chairperson, as the case may be” shall be substituted.

Section 4. Amendment of Section 4

In Section 4 of the principal Act,-

(a) in sub-section (1), for the words “other Members”, the words “the Members” shall be substituted;

(b) in sub-section (2), for the words “vacancy in the Committee”, the words, brackets and figure “vacancy of any member in the Committee referred to in the first proviso to sub-section (1)” shall be substituted.

Section 5. Substitution of new section for Section 5

For Section 5 of the principal Act, the following section shall be substituted, namely:-

“5. Resignation and removal of Chairperson and Members.-

(1) The Chairperson or any Member may, by notice in writing under his hand addressed to the President of India, resign his office.

(2) Subject to the provisions of sub-section (3), the Chairperson or any Member shall only be removed from his office by order of the President of India on the ground of proved Misbehaviour or incapacity after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf by the Supreme Court, reported that the Chairperson or the Member, as the case may be, ought on any such ground to be removed.

(3) Notwithstanding anything in sub-section (2), the President may, by order, remove from office the Chairperson or any Member if the Chairperson or such Member, as the case may be,-

(a) is adjudged an insolvent; or

(b) engages during his term of office in any paid employment outside the duties of his office; or

(c) is unfit to continue in office by reason of infirmity of mind or body; or

(d) is of unsound mind and stands so declared by a competent court; or

(e) is convicted and sentenced to imprisonment for an offence which in the opinion of the President involves moral turpitude.”.

Section 6. Substitution of new section for Section 6

For Section 6 of the principal Act, the following section shall be substituted, namely:-

“6. Term of office of Chairperson and Members.-

(1) A person appointed as Chairperson shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier.

(2) A person appointed as a Member shall hold office for a term of five years from the date on which he enters upon his office and shall be eligible for re-appointment for another term of five years:

Provided that no Member shall hold office after he has attained the age of seventy years.

(3) On ceasing to hold office, a Chairperson or a Member shall be ineligible for further employment under the Government of India or under the Government of any State.”.

Section 7. Substitution of new section for Section 8

For Section 8 of the principal Act, the following section shall be substituted, namely:-

“8. Terms and conditions of service of Chairperson and Members.-The salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and Members shall be such as may be prescribed :

Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairperson or a Member shall be varied to his disadvantage after his appointment.”.

Section 8. Amendment of Section 10

In Section 10 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely:-

“(2) Subject to the provisions of this Act and the rules made there under, the Commission shall have the power to lay down by regulations its own procedure.”.

Section 9. Amendment of Section 12

In Section 12 of the principal Act,-

(a) in clause (a), after the words “or any person on his behalf, the words “or on a direction or order of any court” shall be inserted;

(b) for clause (c), the following clause shall be substituted, namely:-

“(c) visit, notwithstanding anything contained in any other law for the time being in force, any jail or other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection, for the study of the living conditions of the inmates thereof and make recommendations thereon to the Government;”.

Section 10. Amendment of Section 13

In Section 13 of the principal Act, after subsection (5), the following sub-sections shall be inserted, namely:-

“(6) Where the Commission considers it necessary or expedient so to do, it may, by order, transfer any complaint filed or pending before it to the State Commission of the State from which the complaint arises, for disposal in accordance with the provisions of this Act:

Provided that no such complaint shall be transferred unless the same is one respecting which the State Commission has jurisdiction to entertain the same.

(7) Every complaint transferred under sub-section (6) shall be dealt with and disposed of by the State Government as if it were a complaint initially filed before it”.

Section 11. Substitution of new section for Section 18

For Section 18 of the principal Act, the following section shall be substituted, namely:-

“18. Steps during and after inquiry.-The Commission may take any of the following steps during or upon the completion of an inquiry held under this Act, namely:-

(a) where the inquiry discloses the commission of violation of human rights or negligence in the prevention of violation of human rights or abetment thereof by a public servant, it may recommend to the concerned Government or authority-

(i) to make payment of compensation or damages to the complainant or to the victim or the members of his family as the Commission may consider necessary;

(ii) to initiate proceedings for prosecution or such other suitable action as the Commission may deem fit against the concerned person or persons;

(iii) to take such further action as it may think fit;

(b) approach the Supreme Court or the High Court concerned for such directions, orders or writs as that Court may deem necessary;

(c) recommend to the concerned Government or authority at any stage of the inquiry for the grant of such immediate interim relief to the victim or the members of his family as the Commission may consider necessary;

(d) subject to the provisions of clause (e), provide a copy of the inquiry report to the petitioner or his representative;

(e) the Commission shall send a copy of its inquiry report together with its recommendations to the concerned Government or authority and the concerned Government or authority shall, within a period of one month, or such further time as the Commission may allow, forward its comments on the report, including the action taken or proposed to be taken thereon, to the Commission;

(f) the Commission shall publish its inquiry report together with the comments of the concerned Government or authority, if any, and the action taken or proposed to be taken by the concerned Government or authority on the recommendations of the Commission.”.

Section 12. Amendment of Section 21

In Section 21 of the principal Act,-

(a) for sub-section (2), the following sub-section shall be substituted, namely:-

“(2) The State Commission shall, with effect from such date as the State Government may by notification specify, consist of-

(a) a Chairperson who has been a Chief Justice of a High Court;

(b) one Member who is, or has been, a Judge of a High Court or District Judge in the State with a minimum of seven years experience as District Judge;

(c) one Member to be appointed from among persons having knowledge of or practical experience in matters relating to human rights.”;

(b) after sub-section (5), the following sub-section shall be inserted, namely:-

“(6) Two or more State Governments may, with the consent of a Chairperson or Member of a State Commission, appoint such Chairperson or, as the case may be, such Member of another State Commission simultaneously if such Chairperson or Member consents to such appointment:

Provided that every appointment made under this sub-section shall be made after obtaining the recommendations of the Committee referred to in subsection (1) of Section 22 in respect of the State for which a common Chairperson or Member, or both, as the case may be, is to be appointed.”.

Section 13. Amendment of Section 22

In Section 22 of the principal Act,-

(a) in the marginal heading for the words “other Members”, the word “Members” shall be substituted;

(b) in sub-section (1), for the words “other Members”, the word “Members” shall be substituted;

(c) in sub-section (2), for the words “any vacancy in the Committee”, the words, brackets and figure “any vacancy of any Member in the Committee referred to in sub-section (1)” shall be substituted.

Section 14. Amendment of Section 23

In Section 23 of the principal Act,-

(a) for the marginal heading “Removal of a Member of the State Commission”, the marginal heading “Resignation and Removal of Chairperson or a Member of the State Commission” shall be substituted;

(b) for sub-section (1), the following sub-sections shall be substituted, namely:-

“(1) The Chairperson or a Member of a State Commission may, by notice in writing under his hand addressed to the Governor, resign his office.

(1-A) Subject to the provisions of sub-section (2), the Chairperson or any Member of the State Commission shall only be removed from his office by order of the President on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf by the Supreme Court, reported that the Chairperson or such Member, as the case may be, ought on any such ground to be removed.”;

(c) in sub-section (2),-

(a) for the word, brackets and figure “sub-section (1)” the word, brackets, figure and letter, sub-section (1-A)” shall be substituted;

(b) for the words “other Member” at both the places where they occur, the word “Member” shall be substituted.

Section 15. Substitution of new section for Section 24

For Section 24 of the principal Act, the following section shall be substituted, namely:-

“24. Term of office of Chairperson and Members of the State Commission.-

(1) A person appointed as Chairperson shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier.

(2) A person appointed as a Member shall hold office for a term of five years from the date on which he enters upon his office shall be eligible for re-appointment for another term of five years :

Provided that no Member shall hold office after he has attained the age of seventy years.

(3) On ceasing to hold office, a Chairperson or a Member shall be ineligible for further employment under the Government of a State or under the Government of India”.

Section 16. Substitution of new section for Section 26

For Section 26 of the principal Act, the following section shall be substituted, namely:-

“26. Terms and conditions of service of Chairperson and Members of State Commissions.-The salaries and allowances payable to, and other terms and conditions of service of, the Chairperson and Members shall be such as may be prescribed by the State Government:

Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairperson or a Member shall be varied to his disadvantage after his appointment.”.

Section 17. Amendment of Section 40

In Section 40 of the principal Act, in sub-section (2), in clause (a), for the word “Members”, the words “Chairperson and Members” shall be substituted.

Section 18. Insertion of new Section 40-B

After Section 40-A of the principal Act, the following section shall be inserted, namely:-

“40-B. Power of Commission to make regulations.-

(1) Subject to the provisions of this Act and the rules made there under, 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.”.

Section 19. Amendment of Section 41

In Section 41 of the principal Act, in sub-section (2), in clause (a), for the words “the Members”, the words “the Chairperson and Members” shall be substituted.

The Protection of Civil Rights Act, 1955

Section 1. Short title, extent and commencement

(1) This Act may be called ¹[the Protection of Civil Rights Act,] 1955.

(2) It extends to the whole of India.

(3) It shall come into force on such date² as the Central Government may, by notification in the Official Gazette, appoint.

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1. Subs. by Act No. 106 of 1976 for “The Untouchability (Offences) Act”.

2. 1st June, 1955.

Section 2. Definitions

In this Act, unless the context otherwise requires, –

¹[(a) “Civil rights” means any rights accruing to a person by reason of the abolition of “Untouchability” by article 17 of the Constitution;]

²[(aa) “Hotel” includes a refreshment room, a boarding house, a lodging house, a coffee house and a cafe;

³[(b) “Place” includes a house, building and other structure and premises, and also includes a tent, vehicle and vessel;]

(c) “Place of public entertainment” includes any place to which the public are admitted and in which as entertainment is provided or held.

Explanation-”Entertainment” includes any exhibition, performance, game, sport and any other form of amusement;

(d) “Place of public worship” means a place, by whatever name known, which is used as a place of public religious worship or which is dedicated generally to, or is used generally by persons professing any religion or belonging to any religious denomination or any section thereof, for the performance of any religious service, or for offering prayers therein ⁴[and includes-

(i) All lands and subsidiary shrines appurtenant or attached to any such place:

(ii) A privately owned place of worship which is, fact, allowed by the owner thereof to be used as a place of public worship; and

(iii) Such land or subsidiary shrine appurtenant to such privately owned place, of worship as is allowed by the owner thereof to be used as a place of public religious worship;]

⁵[(da) “Prescribed” means prescribed by rules made under this Act;

(db) “Scheduled Castes” has the meaning assigned to it in clause (24) of article 366 of the Constitution;]

(e) “Shop” means any premises where goods are sold either wholesale or by retail or both wholesale and by retail ⁴[and includes-

(i) Any place from where goods are sold by a hawker or vendor or from a mobile van or cart;

(ii) A laundry and a hair cutting saloon;

(iii) Any other place where services are rendered to customers].

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1. Ins. by Act No. 106 of 1976.

2. Clause (a) relettered u clause (aa) by Act No. 106 of 1976.

3. Subs. by Act No. 106 of 1976 for clause (b).

4. Ins. by Act No. 106 of 1976.

5. Subs. by Act No. 106 of 1976.

Section 3. Punishment for enforcing religious disabilities

Whoever on the ground of “untouchability” prevents any person-

(a) From entering any place of public worship which is open to other persons professing the same religion¹[* * *] or any section thereof, as such person, or

(b) From worshipping or offering prayers or performing any religious service in any place of public worship, or bathing in, or using the waters of, any sacred tank, well, spring or water course ²[rivers or lake or bathing at any ghat of such tank, water-course, river or lake] in the same manner and to the same extent as is permissible to the other persons professing the same religion ¹[* * *] or any section thereof, as such person. ²[shall be punishable with imprisonment for a team of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees].

Explanation. -For the purposes of this section and Section 4 persons professing the Buddhist, Sikh or Jaina religion or persons professing the Hindu religion in any of its forms or development including Virashaivas, Lingayats, Adivassis, followers of Brahmo, Prarthana, Arya Samaj and the Swaminaryan Sampraday shall be deemed to be Hindus.

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1. Certain words omitted by Act No. 106 of 1976.

2. Ins. by Act No. 106 of 1976.

Section 4. Punishment for enforcing social disabilities

Whoever on the ground of untouchability” enforces against any person any disability with regard to-

(i) Access to any shop, public restaurant, hotel or place of public entertainment; or

(ii) The use of any utensils, and other articles kept in any public restaurant, hotel, dharmshala, sarai or musafirkhana for the use of the general public or of ¹[any section thereof]; or

(iii) The practice of any profession or the carrying on of any occupation, trade or business ²[or employment in any job]; or

(iv) The use of, or access to, any river, stream, spring, well, tank, cistern, water-tap or other watering place, or any bathing ghat, burial or cremation ground, any sanitary convenience, any road, or passage, or any other place or public resort which other members of the public or ¹[any section thereof] have a right to sue or have access to; or

(v) The use of, or access to, any place used for a charitable or a public purpose maintained wholly or partly out of State funds or dedicated to the use of the general public or ¹[any section thereof; or

(vi) The enjoyment of any benefit under a charitable trust created for the benefit of the general public or of ¹[any section thereof]; or

(vii) The use of, or access to, any public conveyance; or

(viii) The construction, acquisition, or occupation of any residential premises in any locality, whatsoever; or

(ix) The use of any dharamshala, sarai or musafirkhana which is open to the general public or to ¹[any section thereof]; or

(x) The, observance of any social or religious custom, usage or ceremony or ³[taking part in, or taking out, any religious, social or cultural procession]; or (xi) The use of jewellery and finery,

⁴[Shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine, which shall be not less than one hundred rupees and not more than five hundred rupees.

Explanation. -For the purposes of this section, “enforcement of any disability” includes any discrimination on the ground of “untouchability”.]

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1. Subs. by Act No. 106 of 1976, for certain words.

2. Ins. by Act No. 106 of 1976.

3. Subs. for ‘Taking part in any religious procession” by Act No. 106 of 1976.

4. Subs. by Act No. 106 of 1976.

Section 5. Punishment for refusing to admit person to hospitals, etc

Whoever on the grounds of “untouchability”. –

(a) Refuses admission to any person to any hospital, dispensary, educational institution or any hostel ¹[* * *] if such hospital, dispensary, educational institution or hostel is established or maintained for the benefit of the general public or any section thereof-, or

(b) Does any act which discriminates against any such person after admission to any of the aforesaid institutions, ²[shall be punishable with imprisonment for a term of not less than one months and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees.]

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1. Certain Words omitted by Act No. 106 of 1976.

2. Subs. by Act No. 106 of 1976.

Section 6. Punishment for refusing to sell goods or render services

Whoever on the ground of “untouchability” refuses to sell any goods or refuses to render any service to any person at the same time and place and on the same terms and conditions at or which such goods are sold or service are rendered to other persons in the ordinary course of business ¹[shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees].

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1. Subs. by Act No. 106 of 1976.

Section 7. Punishment for other offences arising out of “untouchability”

(1) Whoever. –

(a) Prevents any person from exercising any right accruing to him by reason of the abolition of “untouchability” under article 17 of the Constitution; or

(b) Molests, injures, annoys, obstructs or causes or attempts to cause obstruction to any person in the exercise of any such right or molests, injures, annoys or boycotts any person by reason of his giving exercised any such right; or

(c) By words, either spoken or written, or by signs or by visible representations or otherwise, incites or encourages any person or class of persons or the public generally to practice “untouchability” in any form whatsoever; ¹[or]

²[(d) Insults or attempts to insult, on the ground of “untouchability” a member of Scheduled Caste,]

²[shall be punishable with imprisonment for a term of not less than one month and not more than six months, and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees.]

³[Explanation 1]. – A person shall be deemed to boycott another person who

(a) Refuses to let to such other person or refuses to permit such other person, to use or occupy any house or land or refuses to deal with, work for hire for or do business with, such other person or to render to him or receive from him any customary service, or refuses to do any of the said things on the terms on which such things would be commonly done in the ordinary course of business; or

(b) Abstains from such social, professional or business relations, as he would ordinarily maintain with such other person.

¹[Explanation II. -For the purpose of clause (c) a person shall be deemed to incite or encourage the practice of “untouchability”. –

(i) If he, directly or indirectly, preaches “untouchability” or its practice in any form; or

(ii) If he justifies, whether on historical, philosophical or religious grounds or on the ground of any tradition of the caste system or on any other ground, the practice of “untouchability” in any form.]

²[(1A) Whoever commits any offence against the person or property of any individual as a reprisal or revenge for his having exercised any right accruing to him by reason of the abolition, of “untouchability” under article 17 of the Constitution, shall, where the offence is punishable with imprisonment for a term exceeding two years, be punishable with imprisonment for a term which shall not be less than two years and also with fine.]

(2) Whoever. –

(i) Denies to any person belonging to his community or any section thereof any right or privilege to which such person would be entitled as a member of such community or section, or

(ii) Takes any part in the excommunication of such person, on the ground that such person has refused to practise “untouchability” that such person has done any act in furtherance of the objects of this Act,²[shall be punishable with imprisonment for a term of not less than one month and not more than six months, and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees.

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1. Ins. by Act No. 106 of 1976.

2. Subs. by Act No. 106 of 1976.

3. Renumbered as Explanation I by Act No. 106 of 1976.

Section 7 A. Unlawful compulsory labour when to be deemed to be a practice of untouchability”

¹[Unlawful compulsory labour when to be deemed to be a practice of untouchability”. (1) Whoever compels any person, on the ground of “untouchability”, to do any scavenging or sweeping or to remove any carcass or to flay any animal, or to remove the umbilical cord or to do any other job of a similar nature shall be deemed to have enforced a disability arising out of “untouchability”.

(2) Whoever is deemed under sub-section (1) to have enforced a disability arising out of “untouchability” shall be punishable with imprisonment for a term which shall not be less than three months and not more than six months and also with fine which shall not be less than one hundred rupees and not more than five hundred rupees.

Explanation. -For the purposes of this section, “compulsion” includes a threat of social or economic boycott.]

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1. Ins. by Act No. 106 of 1976.

Section 8. Cancellation or suspension of Licences in certain cases

When a person who is convicted of an offence under Section 6 holds any licence under any law for the time being in force in respect of any profession, trade, calling or employment in relation to which the offence is committed, the court trying the offence may without prejudice to any other penalty to which such person may be liable under that section, direct that the licence shall stand cancelled or be suspended for such period as the court may deem fit, and every order of the court so canceling or suspending a licence shall have effect as if it had been passed by the authority competent to cancel or suspend the licence under any such law.

Explanation. -In this section, “licence” includes a permit or a permission,

Section 9. Resumption or suspension of grants made by Government

Where the manager or trustee of a place of public worship ¹[or any educational institution or hostel] which is in receipt of a grant of land or money from the Government is convicted of an offence under this Act and such conviction is not reversed or quashed in any appeal or revision, the Government may, if in its opinion the circumstances of the case warrant such a course, direct the suspension or resumption of the whole or any part of such grant.

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1. Ins. by Act. No. 106 of 1976.

Section 10. Abetement of offence

Whoever abets any offence under this Act shall be punishable with the punishment provided for the offence.

¹[Explanation. -A public servant who wilfully neglects the investigation of any offence punishable under this Act shall be deemed to have abetted an offence punishable under this Act.]

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1. Ins. by Act. No. 106 of 1976.

Section 10 A. Power of State Government to impose collective fine

¹[Power of State Government to impose collective fine. (1) If, after an inquiry in the prescribed manner, the State Government is satisfied that the inhabitants of an area are concerned in, or abetting the commission of, any offence punishable under this Act, or harbouring persons concerned in the commission of such offence or failing to render all the assistance in their power to discover or apprehend the offender or offenders or suppressing material evidence of the commission of such offence, the State Government may, by notification in the Official Gazette, impose a collective fine on such inhabitants and apportion such fine amongst the inhabitants who are liable collectively to pay it, and such apportionment shall be made according to the State Government’s judgment of the respective means of such inhabitants and in making any such apportionment the State Government may assign a portion of such fine to a Hindu undivided family to be payable by it:

Provided that the fine apportioned to an inhabitant shall not be realised until the petition, if any denied by him under sub- section (3), is disposed of.

(2) The notification made under subsection (1) shall be proclaimed in the area by beat of drum or in such other manner as the State Government may think best in the circumstances to bring the imposition of the collective fine to the notice of the inhabitants of the said area.

(3)

(a) Any person aggrieved by the imposition of the collective fine under subsection (I) or by the order of apportionment, may, within the prescribed period, file a petition before the State Government or such other authority as that Government may specify in this behalf for being exempted from such fine or for modification of the order or apportionment:

Provided that no fee shall be charged for filing such petition

(b) The State Government or the authority specified by it shall, after giving to the petitioner a reasonable opportunity of being heard, pass such order as it may think fit:

Provided that the amount of the fine exempted or reduced under this section shall not be realizable from any person, and the total fine imposed on the inhabitants of an area under subsection (1) shall be deemed to have been reduced to that extent.

(4) Notwithstanding anything contained in sub-section (3), the State Government may exempt the victims of any offence punishable under this Act or any person who does not, in its opinion, fall within the category of persons specified in sub-section (1) from the liability to pay the collective fine imposed under sub-section (1) or any portion thereof.

(5) The portion of collective fine payable by any person (including a Hindu undivided family may be recovered in the manner provided by the Code of Criminal Procedure, 1973 (2 of 1974) for the recovery of fines imposed by a Court as if such portion were a fine imposed by a Magistrate.]

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1. Ins. by Act. No. 106 of 1976.

Section 11. Enhanced penalty on subsequent conviction

Whoever having already been convicted of an offence under this Act or of an abatement of such offence is again convicted of any such offence or abetment, ¹[shall, on conviction, be punishable. –

(a) For the second offence, with imprisonment for a term of not less than six months and not more than one year, and also with fine which shall be not less than two hundred rupees and not more than five hundred rupees;

(b) For the third offence or any offence subsequent to the third offence with imprisonment for a term of not less than one year and not more than two years, and also with fine which shall be not less than five hundred rupees and not more than one thousand rupees.]

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1. Subs. by Act No. 106 of 1976, for certain words.

Section 12. Presumption by Courts in certain cases

Where any act constituting an offence under the Act is committed in relation to a member of a Scheduled Castle ¹[***] the Court shall presume, unless the contrary is proved, that such act was committed on the ground of “untouchability”.

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1. Certain words omitted by Act No. 106 of 1976.

Section 13. Limitation of jurisdiction of Civil Courts

(1) No Civil Court shall entertain or continue any suit or proceeding or shall pass any decree or order if the claim involved in such suit or proceeding or if the passing of such decree or order or if such execution would in any way contrary to the provisions of this Act.

(2) No Court shall, in adjudicating any matter or executing any decree or order, recognize any custom or usage imposing any disability on any person on the ground of “untouchability”.

Section 14. Offences by Companies

(1) If the person committing an offence under this Act is a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in subsection (1) where an offence under this Act has been committed with the consent of any director or manager, secretary or other officer of the company, such director manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. –

Explanation. -For the purposes of this section. –

(a) “Company” means any body corporate and includes a firm or other association of individuals; and

(b) “Director” in relation to a firm means a partner in the firm.

Section 14 A. Protection of action taken in good faith

¹[Protection of action taken in good faith. (1) No suit, prosecution or other legal proceeding shall lie against the Central Government or a State Government for anything which is in good faith done or intended to be done under this Act.

(2) No suit or other legal proceeding shall lie against the Central Government or a, State Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act.]

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1. Ins. by Act No. 106 of 1976.

Section 15. Offences to be cognizable and triable summarily

¹[Offences to be cognizable and triable summarily. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence punishable under this Act shall be cognizable and every such offence, except where it is punishable with imprisonment for a minimum term exceeding three months, may be tried summarily by a Judicial Magistrate of the First Class or in a metropolitan area by a Metropolitan Magistrate in accordance with the procedure specified in the said code.

(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), when any public servant is alleged to have committed the offence of abetment of an offence punishable under this Act, while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence of abetment except with the previous sanction. –

(a) Of the Central Government, in the case of a person employed in connection with the affairs of the Union; and

(b) Of the State Government, in the case of a person employed in connection with the affairs of a State.

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1. Subs. by Act No. 106 of 1976.

Section 15 A. Duty of State Government to ensure that the rights accruing from the abolition of “untouchability” may be availed of by the concerned person

(1) Subject to such rules as the Central Government may make in this behalf, the State Government shall take such measures as may be necessary for ensuring that the rights arising from the abolition of “untouchability” are made available to, and are availed of by the persons subjected to any disability arising out of “untouchability”.

(2) In particular, and without prejudice to the generality of the provisions of subsection (1), such measures may include. –

(i) The provision of adequate facilities, including legal aid, to the persons subjected to any disability arising out of “untouchability” to enable them to avail themselves of such rights;

(ii) The appointment of officers for initiating or exercising supervision over prosecutions for the contravention of the provisions of this Act;

(iii) The setting tip of special courts for the trial of offences under this Act;

(iv) The setting up of Committees at such appropriate levels as the State Government may think fit to assist the State Government in formulating or implementing such measures;

(v) Provision for a periodic survey of the working of the provisions of this Act with a view to suggesting measures for the better implementation of the provisions of this Act;

(vi) The identification of the areas where persons are under any disability arising out of “untouchability” and adoption of such measures as would ensure the removal of such disability form such areas.

(3) The Central Government shall take such steps as may be necessary to co-ordinate the measures taken by the State Government under sub-section (1).

(4) The Central Government shall, every year, place on the Table of each House of Parliament a report on the measures taken by itself and by the State Governments in pursuance of the provision of this section.]

Section 16. Act to override other laws

Save as otherwise expressly provided in this Act, the provision of this Act shall have effect notwithstanding any thing inconsistent therewith contained in any other law for the time being in force, or any custom or usage or any instrument having effect by virtue of any such law or any decree or order of any Court or other authority.

Section 16 A. Probation of Offenders Act, 1958, not to apply to persons above the age of fourteen years

¹[Probation of Offenders Act, 1958, not to apply to persons above the age of fourteen years. The provisions of the Probation of Offenders Act, 1958 (20 of 1958), shall not apply to any person above the age of fourteen years who is found guilty committed any offence punishable under this Act.

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1. Ins. by Act. No. 106 of 1976.

Section 16 B. Power to make rules

(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

(2) Every rule made by the Central Government 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.]

Section 17. Repeal

The enactments specified in the Schedule are hereby repealed to the extent to which they or any of the provisions contained therein correspond or are repugnant to this Act or to any of the provisions contained therein.

Schedule

(See Section 17)

1. The Bihar Harijan (Removal of Civil Disabilities) Act, 1949 (Bihar Act XIX of 1949).

2. The Bombay Harijan (Removal of Social Disabilities) Act, 1946 (Bombay Act X of 1947).

3. The Bombay Harijan Temple Entry Act, 1947 (Bombay Act XXXV of 1947).

4. The Central Provinces and Berar Scheduled Castes (Removal of Civil Disabilities) Act, 1947 (Central Provinces and Berar Act XXIV of 1947).

5. The Central Provinces and Berar Temple Entry Authorisation Act, 1947 (Central Provinces and Berar Act, XLI of 1947).

6. The East Punjab (Removal of Religious and Social Disabilities) Act, 1948 (East Punjab Act XVI of 1948).

7. The Madras Removal of Civil Disabilities Act, 1938 (Madras Act XXI of 1938).

8. The Orissa Removal Of Civil Disabilities Act, 1946 (Orissa Act XI of 1946).

9. The Orissa Temple Entry Authorisation Act, 1948 (Orissa Act XI of 1948).

10. The United Provinces Removal of Social Disabilities Act, 1947 (U.P. Act XIV Of 1947).

11. The West Bengal Hindu Social Disabilities Removal Act, 1948 (West Bengal Act XXXVII of 1948).

12. The Hyderabad Harijan Temple Entry Regulations, 1358 F (No. LV of 1358 Fasli).

13. The Hyderabad Harijan (Removal Of Social Disabilities) Regulation, 1358 F (No. LVI of 1385 Fasli).

14. The Madhya Bharat Harijan Ayogta Nivaran Vidhan, Samvat 2005 (Madhya Bharat Act No. 15 Of 1949).

15. The Removal of Civil Disabilities Act, 1943 (Mysore Act XLII of 1943).

16. The Mysore Temple Entry Authorisation Act, 1948 (Mysore Act XIV of 1948).

17. The Saurashtra Harijan (Removal Of Social Disabilities) Ordinance (No. XL of 1948).

18. The Travancore Cochin Removal of Social Disabilities Act, 1125K (Travancore Cochin Act VIII of 1125).

19. The Travancore-Cochin Temple Entry (Removal of Disabilities) Act, 1950 (Travancore-Cochin Act XXVII of 1950).

20. The Coorg Scheduled Castes (Removal of Civil and Social Disabilities) Act, 1949 (Coorg Act I of 1949).

21. The Coorg Temple Entry Authorisation Act, 1949 (Coorg Act 11 of 1949),