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BIHAR STATE COMMISSION FOR WOMEN RULES, 2010

BIHAR STATE COMMISSION FOR WOMEN RULES, 2010

BIHAR STATE COMMISSION FOR WOMEN RULES, 2010

PREAMBLE

In exercise of the powers conferred by Section 17 of Chapter-V the Bihar State Commission for Women Act, 1999 (Bihar Act 6, 1999) the State Government hereby makes the following Rules for regulating the duties and responsibilities of Bihar State Commission for Women, terms and conditions of services and providing facilities to employees, officers, members and Chairperson of the Commission, namely:-

Rule - 1. Short Title and Commencement.--

(i)       The Rules shall be called the Bihar State Commission for Women Rules, 2010.

 

(ii)      It shall extend to the whole of the State of Bihar,

 

(iii)     It shall come into force with immediate effect.

Rule - 2. Definitions.--

In these rules unless the context otherwise requires:-

(a)      "Act" means the Bihar State Commission for Women Act, 1999.

 

(b)      "Commission" means the Bihar State Commission for Women constituted under Section 3 of the Act.

 

(c)      "Chairperson" means the Chairperson of the Commission nominated under Section 2(a) of the Act.

 

(d)      "Member" means a Member of the Commission and includes the Member-Secretary of the Commission.

 

(e)      "Prescribed" means as prescribed under the Rules framed under the Bihar State Commission for Women Act, 1999.

Rule - 3. Salaries and Allowances.--

(i)       The Bihar State Commission for Women (Amendment) Act, 2002 has amended Section 5 of the Women Commission Act, 1999 now provides for payment to Chairman and non official members, the Chairperson shall be paid a fix salary of [1] [Rs. 79,000/- (Rupees Seventy nine thousand) per month and non official members of the Commission shall be paid a fixed salary of [2] [47,400/- (Forty seven thousand and four hundred) per month only.

 

(ii)      The Chairperson and non-official member will be able to travel within the state for the work of the Commission. For this purpose travelling allowance/daily allowance as admissible to group "A" officials of the state government will be admissible to them.

 

(iii)     Travels outside the state can be undertaken only after the approval of state government. For this purpose travelling/daily allowance shall be allowed as per sub-rule (ii) above. The Chairperson and non-official member shall be entitled for House Rent Allowance as admissible to group "A" officials of State Government.

 

(iv)    Any Person, co-opted as member of any committee constituted by the Commission under 9(2) of the Act for dealing with special cases as per requirement shall be entitled to get a payment Rs. 1000/- (One thousand) only as allowance to attend meeting of the committee if on the date of co-option the person is not in the employment of the Central government or State government or of any institutions assisted by the central government or State Government. In addition to this, daily allowance and travelling allowance as admissible to group "B" officers of the state shall also be admissible to them.

Rule - 4. Tenure of office.--

(i)       Any person of the age of 65 or less than 65 can be nominated as a Chairperson or member under sub-section (2) of Section 3 of the Act.

 

(ii)      The Chairperson or every member, unless removed from officer under subsection 2 of Section 4 of the Act, shall hold office for a period not exceeding three years from the date of nomination or till he attains the age of 65 years, whichever is earlier.

 

(iii)     Under provision of sub-rule (i) a person who has held the office of a member shall be eligible for nomination as a Chairperson.

 

(iv)    If the Chairperson is unable to discharge her functions by reasons of illness or any other incapacity, the state government may nominate any other member to act as Chairperson and the member so nominated shall hold office of the chairperson until the chairperson resumes office.

 

(v)      If a vacancy occurs In the Office of the Chairperson by reason of her death or resignation the state government shall nominate any other member to act as Chairperson and the member so nominated shall hold office of chairperson until the vacancy is filled by a nomination under sub-section (2) of Section 4 of the Act.

Rule - 5. Admissibility of leave.--

The Chairperson and non official member shall be entitled for leave as follows:-

(i)       Earned leave, half pay leave, special leave and extra ordinary leave as admissible to a temporary government servant of the state in accordance with the Bihar Service Code as amended from time to time.

 

(ii)      The Chairperson shall sanction casual leave to non official members.

 

(iii)     Leave to the Chairperson shall be sanctioned by the State Government.

Rule - 6. Vehicle.--

(i)       The Chairperson shall be entitled to the facility of vehicle only for official journeys relating to the work of the Commission in accordance with the rules of State Government.

 

(ii)      In case a vehicle is not provided by the State Government the Chairperson can hire a vehicle on rent for Commission's work only and payment of rent & expenditure on fuel shall be met from the grants received by the Commission.

 

(iii)     Commission or its Sub Committee may hire vehicle for short time for tour inside the state and its rent & expenditure on fuels shall be met from the grants received by the Commission.

 

(iv)    Monthly maximum limit of fuel for government vehicle shall be as per government rules in force from time to time and in case of hired vehicle the hire charges shall be fixed with the consent of Finance Department.

Rule - 7. Officers and Employees of the Commission.--

(i)       The State Govt. shall create required number of posts for carrying out the functions of the Commission and shall fill the posts of officers and the employees on deputation to Commission.

 

(ii)      The Member-Secretary of the Commission shall sanction casual leave to officers/employees working in the Commission.

 

(iii)     The salaries/allowances of officers/employees of the Commission shall be met from the grants received by the Commission.

Rule - 8. Administrative Expenses of the Commission.--

(i)       The Commission shall every year in the month of September place before the Government the anticipated expenditure against every item for the next financial year.

 

(ii)      Commission shall be provided with such required fund from the non-plan head against the proposed expenditure as assessed by the Administrative Department in consultation with the Finance Department and shall be such, as is within the State resources.

 

(iii)     The Chairperson, non-official members, officers and employees of the Commission shall receive their salary, allowances and other expenses within the grant available with the Commission.

 

(iv)    The Member-Secretary shall be competent to incur expenditure from the grant.

 

(v)      The Member-Secretary shall sign all cheques for withdrawal of money.

 

(vi)    It shall be the responsibility of the Member-Secretary of the Commission to maintain accounts of expenditure in accordance with the Act and he shall get the accounts prepared, audited and shall get annual audit report prepared. Annual accounts shall be prepared in the format issued by the Accountant General. Bihar.

 

(vii)   The Commission shall follow the financial rules of the state government in making expenditure of grant amount and registers etc. shall be maintained in the prescribed format. All the expenditures of the Commission shall be audited by the Accountant General, Bihar. The Accountant General Bihar shall audit the accounts of the Commission at fixed interval and expenditure incurred on this shall be payable by the Commission to the Accountant General Bihar.

 

(viii)  The Commission shall submit utilization certificate of the Grants received by the Administrative department at the end of each financial year.

Rule - 9. Retirement.--

(i)       No Pension/Provident Fund benefit shall be admissible to the Chairperson or a non-official Member Who immediately before assuming office as the Chairperson or a Member was not in any service of the Central or State Government.

 

(ii)      The Chairperson or a non-official member who, at the date of appointment to the Commission was in the employment of the Central or State Government shall joint as Chairperson or non-official member of the Commission on appointment only after retirement from Central or state government service.

 

(iii)     The Chairperson or a member who at the time of her appointment as such was in the service of the Central or State Government, shall, at her option to be exercised within a period of six months from the date of her appointment, be entitled to draw her pension and other retirement benefits under the rules applicable to the service to which she belonged with effect from the date of appointment as Chairperson or member, as the case may be:

Provided that, in such an event, her pay as Chairperson or member shall be reduced by an amount equivalent to the gross pension including any portion of the pension which may have been commuted and the pension equivalent of other retirement benefits and she shall be entitled to draw her pension and other retirement benefit separately.

Rule - 10. Annual report.--

(i)       The Commission shall prepare an annual report by 30th April of each financial year; a copy of such report shall be forwarded to the State Government by the Commission. The annual report shall consist of administrative report of the Commission which shall include organisation of the Commission, names of Chairperson/members, names and designation of all officers and employees. In addition to this the report shall describe the functioning of the commission during the previous financial year, details of affirmative steps taken for enhancing awareness of women, protection enrichment and encouragement of women rights, violence against women, resolving disputes, delivery of justice, statement of complaints received relating to violence against women and their disposal. The details will include cases of dowry, homicide, rape, kidnapping, witchcraft, property disputes, harassment relating to dowry and other miscellaneous matters.

 

(ii)      The annual report shall detail the action taken on the recommendation of the Commission and shall also describe actions taken on the recommendations of the Commission.

 

(iii)     The annual report shall include budget provision and expenditure incurred in the previous financial year.

 

(iv)    Other relevant matter, if any, shall also be include in the annual report.

Rule - 11.

The service conditions of the members for which no express provision has been made in these rules shall be such as determined from time to time by the Government of Bihar.