Chapter – 3

Chapter – 3 Procedures Relating to Complaint Proceedings
10. Complaint may be Lodged :

(1) In case of violation of human rights or abetment thereof, the victim himself or herself or anyone on behalf of him or her, may lodge a complaint as prescribed by the Commission.
(2) In case a complaint is received pursuant to Sub-section (1), the Commission shall have to provide a receipt of the registration to  the complainant after registering such complaint in the registration  book.
(3) In case information on human rights violation or abetment thereof is received through verbal means or through any other means,
such information shall have to be registered in the registration book pursuant to Sub-section (2).
(4) Notwithstanding anything contained in the prevailing laws, no fee shall be charged for any complaint lodged pursuant to Sub-
section (1) or information provided pursuant to Sub-section (3).
(5) Complaints regarding the incidents of human rights violation or its abetment shall have to be lodged at the Commission within Six months from the date on which the incident took place or within Six months from the date on which a person, under control of someone else, got released and became public.

11. Preliminary proceedings on the complaint :

(1) The Commission shall have to initiate preliminary proceedings immediately as prescribed as soon as a complaint regarding the incidents of human rights violation or abetment thereof is received as referred to in Sub-section (1) of Section 10 or information pursuant to Sub-section (3) is received or if the Commission  deems it appropriate to investigate into the matter on its own discretion.
(2) While taking an action in accordance with Sub-section (1), if the Commission finds prima facie that the human rights of any individual is being violated or abetted, it may issue appropriate orders in the name of concerned agency or official to immediately stop such act.
12. Inquiry and Investigation into Complaints : (1) If there seems, a situation where human rights of any individual has been or may be
violated or abetted, from the preliminary proceedings pursuant to  Sub-section (1) of Section 11, the Commission may itself or after
appointing investigation team or investigation officer pursuant to necessity conduct or cause to conduct inquiry or investigation as
prescribed.
(2) After completing inquiry and investigation pursuant to Sub- section (1), the investigation team or investigation officer shall have to submit a report thereof to the Commission.
(3) After receiving the report as referred to in Sub-section
(2), the Commission may seek services of the expert, collect further evidence or summon witnesses or conduct public hearings as
prescribed.
(4) Other provisions regarding Inquiry and Investigations shall be as prescribed.

13. Complaint may be Repealed or Put on Hold

(1) If the complaint or information received to the Commission or the matters   investigated by the Commission on its own discretion seems baseless
or does not seem to fall under the jurisdiction of the Commission, the Commission may dismiss or (tameli) such complaint, information or
matter with reasons thereof at any time.
(2) In case of the complaint is dismissed or put on hold pursuant to Sub-section (1), the Commission shall have to inform the concerned individual of the same within fifteen days. Provided that, it shall not binding to the commission to give information regarding the false complaint

14. Provisions Relating to Reconciliation:

(1) Notwithstanding anything contained elsewhere in this Act, if the concerned parties lodge a joint petition for reconciliation in respect of any complaint
that is under consideration in the Commission, the Commission may have them reconciled as prescribed.
Provided that, regarding the matters which are considered as serious violation of human rights and humanitarian law under the international laws or regarding the matters in which reconciliation (milapatra) cannot take place in accordance with the prevailing laws, no reconciliation shall take place in accordance with this Section.
(2) It shall be the duty of the parties concerned to abide by   the reconciliation reached pursuant to Sub-section (1).
(3) Once the reconciliation is reached regarding any complaint as referred to in Sub-section (1), proceedings thereof shall be considered to have ended and complaints cannot be lodged again on such matters.
(4) Other provisions regarding reconciliation shall be as prescribed.

15. Decisions to be made : The Commission shall, on the basis of the evidences acquired through inquiry and investigation with regard to the complaint or information received by the Commission or the matter on which it initiated action at its own discretion, make decisions, generally within six months from the date of complaint citing the grounds and reasons of whether or not human rights violation or its abetment has taken place.
Provided that, it shall cause no hindrance to decide the case upon showing reasons thereof if the case can not be decided within Six months.

16. Provision regarding Compensation :

(1) If it seems necessary to provide compensation to the victim from the inquiry and investigation launched pursuant to Section 12, the Commission shall
have to make a decision citing the same while making a decision pursuant to Section 15.
(2) The type, quantum or amount of compensation shall be determined in the decision taken pursuant to Sub-section (1).
(3) The Commission may, while determining the amount pursuant to Sub-section (2), prescribe a maximum of Three Hundred Thousand Rupees depending on the condition of the victim.
(4) Notwithstanding anything contained elsewhere in this Section, the Commission shall not take any decision regarding compensation if the victim has already received compensation or if the proceedings for compensation have already been moved forward pursuant to other prevailing laws regarding human rights violation.
(5) The criteria to be adopted while taking decision to provide compensation pursuant to this Section and other provisions regarding Compensation shall be as prescribed.

17. Implementation of the Recommendation, Decision or Order of the Commission :

(1) The Commission shall have to write tothe concerned official, individual or agency for the implementation of the recommendation, decision or order issued by the Commission pursuant to the Constitution or this Act.
(2) In case of receiving in writing from the Commission to implement the recommendation, decision or order as referred to in Sub-section (1), the concerned official, individual or agency shall have to inform the Commission generally upon implementing such recommendation, decision or orders.
(3) The concerned official, individual or agency shall have to send a report to the Commission containing information about the
difficulties in implementing the recommendation, decision or order of the Commission, citing the reasons thereof, within Two months
from the date of receiving the recommendation, decision or orders from the Commission pursuant to Sub-section (2).
(4) If information pursuant to Sub-section (3) is received, the Commission shall reconsider the matter and take a decision and the
Commission, while taking a decision accordingly, may make recommendations for implementation as it is or with amendments.
(5) If the Commission writes again for implementation after taking a decision again pursuant to Sub-section (4), the concerned official, individual or agency shall have to implement accordingly as soon as possible and inform the Commission.
(6) The concerned agency shall have to provide compensation to the victim within the period as referred to in Sub-
section (2) in accordance with the decision of the Commission. If the victim has died or if he or she is not sound mentally, compensation
shall be provided to the person considered appropriate by the Commission from among his or her dependents including husband or
wife, father, mother, son, daughter, elder brother, younger brother, elder sister, younger sister, grandson, granddaughter or grandfather or
grandmother.
(7) If in the decision of the Commission, it is deemed that human rights violation too k place after an official acted with mala fide intention or with prejudice against anyone and that compensation has to be provided to the victim from such official, the compensation shall be provided by the agency in which such an official holds an office.
(8) The amount of compensation provided to the victim by the concerned agency pursuant to Sub-section (7) shall be deducted
from the monthly salary or any other amount to be received by the concerned official.
Provided that, if such official has already been retired from service at the time of Commission’s decision, the concerned agency
shall have to provide the amount of compensation to the victim for the time being and shall have to recover such an amount from such
individual pursuant to prevailing law.
(9) If cash has been provided as an interim relief pursuant to Section 9 such as an amount shall be deducted as prescribed while
providing compensation to the victim pursuant to this Section.
(10) Notwithstanding anything contained elsewhere in this Section, with regards to matters on which recommendation has been
made by the Commission pursuant to Clause (c) of Sub-Article (2) of Article 132 of the Constitution, if the Attorney General decides that a
case cannot be initiated pursuant to prevailing laws, the Office of the Attorney General shall have to inform to the Commission thereof.
(11) The Commission may write to the concerned authority for the departmental or other action to be taken against the official, person or the
authority whose name has been recorded on the basis of their non- cooperation in connection with human rights violations or the
investigation of inquiry carried out pursuant to this Act or on the basis of non-compliance of the directives issued by the Commission pursuant to
Sub-section (7).
(12) The Commission may write to the concerned authority on the basis of the recommendations with regard to the official or the persons whose name has been made public as the human rights violators as referred to in the Sub-section (7),
(13) Other provisions regarding the implementation of recommendation, order or decision of the Commission shall be as .