Complaint

Aayog Mitra Scheme

MADHYA PRADESH HUMAN RIGHTS COMMISSION
PARYAWAS BHAWAN, BLOCK-I, FIRST FLOOR ,BHOPAL

Bhopal, Dated 23rd March, 2006
Madhya Pradesh  Manav Adhikar Ayog Mitra (Shikayat Prokoshtha)
Implementation Scheme.
 

In exercise of the powers conferred by sub-section (2) of section 10 and section 12 and 13 of the Protection of Human Rights Act, 1993 (No. 10 of 1994) read with sub-clause (13) of Regulation 8 of the Madhya Pradesh Human Rights Commission (Procedure) Regulations 1996, the Madhya Pradesh Human Rights Commission makes the following scheme to extend the activities of the Commission and conducting efficient performance of functions in various Districts of Madhya Pradesh State and to establish the Ayog Mitra cell for complaint and to regulate the working thereof namely:-

 

1. This scheme may be called the Madhya Pradesh  Manav Adhikar Ayog Mitra (Shikayat Prokoshtha) Implementation Scheme.

2. This scheme shall come into force with effect from 1st April, 2006.

3. The words used in this scheme shall be deemed to have the following definitions:-

 

A. "Commission" means the Madhya Pradesh Human Rights Commission constituted under the Protection of Human Rights Act, 1993 (No. 10 of 1994);

B.  "Act" means the Protection of Human Rights Act, 1993 (No. 10 of 1994);

C. "Ayog Mitra" means such person who is having excellent character and who is neutral, non-political, social worker and distinguished person and who is appointed by the Commission to discharge the duties conferred under the Act, without any salary or honorarium.

D."Complaint Cell" means any specified place or office established at various metropolitan cities, cities, District headquarters, Tehsils and Villages of Madhya Pradesh from where the Commission is taking assistance from Ayog Mitra for discharging the functions and performing the duties mentioned in the Act;

E. The words used and not defined in this scheme but defined in the Act, shall have the same meanings as assigned to them in the Act.

 

4. The Commission shall appoint the Ayog Mitra, on its discretion on the basis of the information obtained, for complaint cell. The Commission, for above purpose, shall consult higher Government Officers posted in the District.

5. The Number of Ayog Mitra shall be such as shown in the table below:-

 

TABLE

 

S. No. Place where Ayog Mitra shall be appointed Minimum number of Ayog Mitra Maximum number of Ayog Mitra
(1) (2) (3) (4)
1 Metropolitan City 5 11
2 Cities 3 5
3 District Headquarter 2 5
4 Tehsil Headquarter 1 3
5 Village 1 3

 

6. The term of office of Ayog Mitra shall be for a period of two years from the date of appointment. The Commission may extend the above period for maximum two years or less period in special circumstances but the Commission may appoint new Ayog Mitra after the period of two years with a view to seek the co-operation of distinguished and experienced persons of various field of social work.

7. If the services of any appointed Ayog Mitra is not required any more, the Commission may on its own motion reduce the period of term of office of such Ayog Mitra or remove him or terminate his services.

8. The Ayog Mitra working in the complaint cell shall not be deemed to be regular employee and/or contract employee of the Commission. If the complaint cell obtains the services of any person or persons for performing its duties, then such persons shall not be deemed to be the employees or subordinate employees of the Commission.

9. The Commission may expect the following kinds of assistance or    co-operation from the Ayog Mitra; namely:-

 

A. It shall be the important role of the Ayog Mitra to assist the Commission through complaint cell. The Ayog Mitra shall educate the general public at large in respect of the rights and duties of the human beings. They will also provide the information in respect of available forum under the Act to the victims of violation of human rights. The Ayog Mitra shall also guide and assist the victims for approaching the appropriate forum for redressal of his grievances.

B. The Ayog Mitra shall promote awareness of the human rights and duties. The Ayog Mitra shall also educate the general public about human rights according to the instructions of the Commission and shall organize seminars, workshops, meetings and conferences on various subjects after obtaining prior permission of the Commission from time to time. The Commission shall provide financial assistance within its budgetary limit and also provide material and literature relating to human rights.

C. The Ayog Mitra shall send suggestions after proper social study to the Commission in respect of various subjects relating to violation of human rights which came to his knowledge in his jurisdiction so that the Commission may be able to take action on the subjects relating thereto.

D. The Ayog Mitra shall undertake spot inspections, in respect of violation of human rights, from time to time in compliance to the written orders and instructions issued by the Commission and after necessary inquiry furnish the report to the Commission.

E. Where any action is to be taken immediately in any emergency situation by Ayog Mitra and it is not possible for him to obtain the written orders to control the situation which may lead to public nuisance, then the Ayog Mitra may obtain the oral orders of the Chairperson or in his absence obtain the orders of the senior most member of the Commission and proceed for spot inspection and after inspection and inquiry, the Ayog Mitra shall submit the report to the Commission. The Chairperson or member, as the case may be after according the permission for spot inspection and inquiry, shall pass an order relating to the complaint and keep the same in safe custody of the record.

 

9. In addition to the provisions of this scheme, the Commission may issue, from time to time, additional directions, if necessary, to Ayog Mitra for smooth working of the complaint cell. It shall be necessary for the Ayog Mitra to comply the additional directions issued in this behalf.

10. If any doubt or difficulty arises in giving effect to the procedure prescribed in this scheme, all other provisions of the Act shall be read and construed accordingly.

11. If any doubt or dispute arises in respect of the meanings of the words or expressions used in this scheme, the decision of the Commission thereon shall be final and binding.

12. The provisions of the scheme may be amended or the scheme shall be rescinded at any time by the Commission.

 

By order of the Madhya Pradesh
Human Rights Commission
( S. RAWLA )
Principal Secretary