BIHAR HUMAN RIGHTS COMMISSION
CHAIRPERSON AND MEMBER (SALARIES, ALLOWANCES AND OTHER TERMS AND CONDITIONS OF
SERVICE) RULES, 200
9[1]
PREAMBLE
In exercise of the power conferred by sub-section (1) of
Section 41 of the Protection of Human Rights Act, 1993 (Act No. 10 of 1994).
The State Government makes the following Rules, namely:-
Rule - 1. Short title and commencement.--
(1)
These Rules may be called the Bihar Human
Rights Commission, Chairperson and Members (Salaries, Allowances and other
Terms and Conditions of Service) Rules, 2009.
(2)
They shall come into force from the date of
constitution of Commission.
Rule - 2. Definitions.--
In these Rules, unless the context otherwise requires:-
(a)
"Chairperson" means the Chairperson
of the Bihar Human Rights Commission.
(b)
"Member" means a member of the
Bihar Human Rights Commission.
(c)
"Commission" means the Bihar Human
Rights Commission constituted under sub-section (1) of Section 21 of the Act.
(d)
"Act" means the Protection of Human
Rights Act, 1993 (Act No. 10 of 1994).
(e)
The words and expressions used in these Rules
but not defined in these Rules and defined in the Act shall have meaning
assigned to them in Act.
Rule - 3. Salary and Allowances.--
(a)
The Chairperson shall be paid salary and
allowances which are equal to the salary and allowances of Chief Justice of
High Court.
(b)
The Member shall be paid salary and
allowances which are equal to the salary and allowances of a Judge of High
Court:
Provided further that if the Chairperson or a Member at
the time of his appointment was in receipt of, or being eligible so to do,
elected to draw, a pension (other than disability or wound pension) in respect
of any previous service under the Government of the Union or Government of the
State, his salary in respect of service as a Chairperson or a Member, as the
case may be, 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 commuted value thereof, by the amount of that portion of pension; and
(3)
by any other form of retirement benefits,
being drawn or availed of or to be drawn or availed of by him.
Rule - 4. Leave.--
A person, on appointment as Chairperson or as a Member,
as the case may be shall be entitled to leave as follows:-
(1)
Earned leave at the rate of fifteen days for
every completed calendar year of service or a part thereof;
(2)
Half pay leave on medical certificate or on
private affairs, at the rate of twenty days in respect of each completed year of
service and the leave salary or half pay leave shall be equivalent to half to
the leave salary admissible during the earned leave;
(3)
Leave on half pay can be commuted to full pay
leave at the discretion of Chairperson or a Member if it is taken on medical
ground and is supported by a medical certificate from the competent authority;
(4)
Extra ordinary leave without pay and
allowances up to maximum of one hundred eighty days in on term of office.
Rule - 5. Leave Travel Concession.?
(1)
The Chairperson shall be entitled to leave
travel concession at the same rates and at the same scales and on the same
conditions as are applicable to the Chief Justice of Patna High Court.
(2)
The Member shall be entitled to leave travel
concession at the same rates and at the same scales and on the same conditions
as are applicable to a Judge of Patna High Court.
Rule - 6. Authority Competent to Grant Leave.--
The power to grant or refuse leave to the Chairperson or
a Member and to revoke leave granted to him shall vest in the Governor.
Rule - 7. Travel and Medical Allowances.--
The Chairperson and the Members, while on tour (including
the journey undertaken to join the Commission or on expiry of his term with the
Commission to proceed to his home town) and for medical allowances:-The
Chairperson and Members shall be entitled to travel allowances as applicable by
them as Chairperson and Members as per provisions of sub-rule (1) to (2) of
Section 5 and proviso thereof.
Rule - 8. Provident Fund.--
The period served as Chairperson or Members of the
Commission shall not be taken into consideration in any circumstance for
calculation of provident fund or provident fund benefits.
Rule - 9. Residuary Provisions.--
The conditions of the service of the Chairperson and the
Members for which no express provisions made in these Rules shall be determined
by the Rules and orders for the time being applicable to the Chief Justice of
the High Court or a Judge of High Court as the case may be and to the sitting
Judge of the High Court respectively.
Rule - 10. Power to Relax Rules.--
The State Government shall have the power to relax the
provision of any of these Rules or to removal of difficulties arising in its
implementation.