In exercise of the
powers conferred by sub-section (1) of section 21 read with sections 4 and 8 of
the Himachal Pradesh State Commission for Women Act, 1997 (Act No. 22 of 1997),
the Governor of Himachal Pradesh is pleased to make the following rules
regulating the salaries and allowances payable to and other terms and
conditions of service of the Chairperson and Members of the Himachal Pradesh
State Commission for Women, namely:- (1)
These
rules may be called the Himachal Pradesh State Commission for Women (Salaries
and Allowances and conditions of service of Chairperson and Members) Rules,
1999. (2)
These
shall come into force from the date of their publication in the Rajpatra,
Himachal Pradesh. (1)
In
these rules, unless the context otherwise requires,- (a)
"Act"
means the Himachal Pradesh State Commission for Women Act, 1997; (b)
"Chairperson"
means the Chairperson of the Commission; and (c)
"State
Government" means the Government of Himachal Pradesh. (2)
Other
words and expressions used in these sub-rules, but not defined therein, shall
have the same meanings as are assigned to them under the Act. (1)
Save
as otherwise provided in sub-rule (2) the Chairperson shall be paid a
remuneration of Rs. 7,600 (Rupees seven thousand and six hundred) only per
month and every member (including a co-opted member) shall be paid rupees 450
(Rupees four hundred fifty only) per sitting: Provided that where the Chairperson is a
retired Government Officer or official of the Semi Government Body/or of a
Public Sector Undertaking, Recognised Research Institution, the salary payable
together with the pensionary value of the terminal benefits, or both received
by him shall not exceed the last pay drawn by such person per month. (2)
If
the Chairperson or a Member is in service of the Central or State Government
his salary shall be regulated in accordance with the service rules applicable
to him. (1)
Any
person falling within the categories specified in sub-section (2) of section 3
of the Act, and who has not attained the age of sixty-five years may be
nominated as the Chairperson or as a Member. (2)
The
Chairperson and every member shall, unless removed from office under
sub-section (3) of section 4 of the Act, hold office for a period not exceeding
three years, or till the age of sixty five years, whichever is earlier. (3)
Notwithstanding
anything contained in sub-rule (1),- (a)
a
person who has held the office of chairperson shall not be eligible for
renomination, and (b)
a
person who has held the office of Chairperson shall not be eligible for
renomination as a Member. (4)
If
the Chairperson is unable to discharge his/her functions owing to illness or
other incapacity the State Government shall nominate any other Member to act as
Chairperson and the Member so nominated shall hold office of Chairperson until
the Chairperson resumes office. (5)
If
a vacancy occurs in the office of the Chairperson by reason of death or
resignation, the State Government shall nominate any other Member to act as
Chairperson and the Member so nominated shall hold office of the Chairperson
until the vacancy is filled up by fresh nomination under sub-section (4) of the
section 4 of the Act. The Chairperson shall be entitled to leave as
follows:- (a)
Earned
leave, half pay leave and commuted leave in accordance with the Central Services
(Leave) Rules, 1972 as amended from time to time, in their application to the
State of Himachal Pradesh. (b)
Extra-ordinary
leave as admissible to the temporary Government servants under the Central
Civil Service (Leave) Rules, 1972 as amended from time to time, in their
application to the State of Himachal Pradesh: (1)
Chairperson
and every Member (including co-opted Members shall be entitled to draw
travelling allowance and daily allowance at the rates admissible to highest
grade-I/Class-I Officers of the State Government. (2)
The
Chairperson shall be his/her own Controlling Officer in respect of his/her
bills relating to travelling allowance and daily allowances and he/she will be
Controlling Officer for Members also. (1)
The
Chairperson shall be entitled to the use of semi-furnished rent free
accommodation at the expenses of the Commission or Rs. 2,500 (Rupees two
thousand five hundred) per month as rent in lieu thereof. The Chairperson shall be entitled to the
facilities of a car and a driver by the Commission. The Chairperson and every Member shall be
entitled to medical treatment and hospital facilities as provided in the State
Government to Grade-I officers. (1)
The
Chairperson or a Member who at the time of his/her appointment as such was in
the service of the Central or State Government shall, at his/her option to be
exercised within a period of six months from the date of his/her appointment be
entitled to draw his/her pension and other retirement benefits under the rules
applicable to the service to which he/she belonged with effect from the date of
his/her appointment as Chairperson or Member as the case may be: Provided that in such an event, his/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 benefit and he/she shall be entitled
to draw pension and other retirement benefits separately. (2)
The
Chairperson or a Member, who at the time of his/her appointment as such, was in
the service of the Central or State Government if he/she does not exercise the
option specified in sub-rule (1) shall count his/her service as Member for
pension and retirement benefits under the rules applicable to the service to
which he/she belonged immediately before such appointment. (3)
No
pension shall be payable to the Chairperson or a Member who, immediately before
assuming office as the Chairperson or a Member was not in any service of the
Central or State Government. (1)
The
Chairperson or a Member who at the date of his/her appointment to the
Commission was in the service of the Central or State Government and who has
been admitted to the benefits of General Provident Fund or Contributory
Provident Fund, may continue to subscribe to that fund until the date on which
he/she retires according to rules applicable to him/her in his/her service. In
the case of the Contributory Provident Fund, the employers contribution payable
to that fund shall, as from the date of appointment as the Chairperson or
Members to the Commission be payable by the Commission during the tenure of
appointment as such Chairperson or Member. Explanation-I.-A Member exercising his/her
option under this sub-rule shall communicate his/her option in writing to the
Governor during his/her tenure as such Member and the option as exercise shall
be final. Explanation-II.-If a Member exercising
his/her option has received any benefits of Contributory Provident Fund on
retirement from service under the Central or State Government he/she shall not
become eligible for pension under these rules unless he/she refunds in lump sum
the Government Contribution to that Provident Fund with interest thereon
together with other retirement benefits, if any. (2)
The
Chairperson or a Member who at the time of his/her appointment as such member, (i)
was
in the service of the Central or State Government or of a local body, or any
other authority wholly or substantially owned or controlled by Government and
who opts or had opted, to draw his/her pension and other retirement benefits
under the rules applicable to the service to which he/she belonged prior to
such appointment, or (ii)
had
retired from service under the Central or State Government, a local body or
other authority, wholly or substantially owned or controlled by Government and
who does not opt or had not opted to come under the pension scheme under these
rules, or (iii)
was
not in the service of the Central or State Government, a local body or any
other authority wholly or substantially owned or controlled by Government and
either does not become entitled to any pensionary benefits under these rules or
opts not to come under the pension scheme under these rules, shall be entitled
to be admitted to the benefit of the Contributory Provident Fund Scheme and for
this purpose shall be governed by the Contributory Provident Fund (India)
Rules, 1962 as amended from time to time The conditions of service of the Chairperson
and the Members for which no express provision has been made in these rules
shall be as determined by the State Government.HIMACHAL PRADESH STATE COMMISSION
FOR WOMEN (SALARIES AND ALLOWANCES AND CONDITIONS OF SERVICE OF CHAIRPERSON AND
MEMBERS) RULES, 1999
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