Section 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 .
(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 .