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.