In exercise of the powers conferred by section 41 of the Protection of
Human Rights Act, 1993 (Central Act 10 of 1994), the State Government hereby
makes the following rules, namely:- (1)
These rules may be called the Rajasthan State Human Rights Commission
(Salaries, Allowances and other Conditions of Service of Chairperson and Members)
Rules, 2002. (2)
They shall come into force with immediate effect. (1)
In these rules, unless the context otherwise requires ;- (a)
"Act"
means the Protection of Human Rights Act, 1993 (Central Act 10 of 1994); (b)
"Chairperson"
means the Chairperson of the Commission appointed under section 22 of the Act; (c)
"Commission"
means the Rajasthan State Human Rights Commission constituted under section 21
of the Act; (d)
"Member"
means the member of the Commission appointed under section 22 of the Act; and (e)
"State"
means the State of Rajasthan. (2)
All other words and expressions used in these rules and not defined, but
defined in the Act, shall have meanings respectively assigned to them in the
Act. The headquarters of the Rajasthan State Human
Rights Commission shall be at Jaipur. (1)
There shall be paid to :- (a)
the
Chairperson, the salary of Rs. 30.000 per month; (b)
a member,
the salary of Rs. 26,000 per month; and Dearness Allowance
and city Compensatory allowance shall be paid as per rules of the State
Government; Provided if the Chairperson or a Member, at the
time of his appointment is in receipt of or being eligible to receive any
pension and had elected to draw or receive the pension (other than disability
or wound pension) in respect of any previous service under the Government of
the Union or of a State, his salary in respect of service as a Chairperson or
as Member, as the case may be, shall be reduced:- (i)
by the
amount of that pension and dearness Relief thereon: (ii)
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 the pension; and (2)
A person, who, on the date of his appointment as a Member of the
Commission, was in the service of the Government of India or the Government of
Rajasthan as a District Judge or as an Officer, shall be deemed to have retired
from service with effect from the date on which he enters upon his office as a
Member of the Commission. (1)
A person, on appointment as Chairperson or as a Member, shall be
entitled to leave as follows:- (i)
Earned at
the rate of thirty days for every completed calendar year of service: (ii)
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 for half pay
leave shall be equivalent to half of the leave salary admissible during the
earned leave: (iii)
Leave on
half pay can be commuted to full pay leave at the discretion of the chairperson
or a Member, if it is taken on medical ground and is supported by a medical
certificate from the Competent Medical Authority; (iv)
Extraordinary
leave without pay and allowances upto a maximum of one hundred and eighty days
in one term of office. (2)
On the expiry of his term of Office in the Commission, the Chairperson
and Members shall entitled to receive cash equivalent of leave salary (salary
drawn including D.A.thereon) in respect of earned leave standing to their
credit subject to the condition that the maximum of leave encashed under this
sub-rule or at the time of retirement from previous service, as the case may
be, or taken together, shall not in any case exceed 300 days: Provided that he shall not be entitled to city
compensatory allowance or any other allowance on such leave. (3)
If a sitting judge of a High Court is appointed as a member, then,
notwithstanding anything contained in these Rules, chapter II of the High Court
Judges (Conditions of Service) Act. 1954 shall apply to him upto the date of
his superannuating as a sitting judge of a High Court and thereafter he shall
be entitled to leave in accordance with the provisions of sub-rules (1) to (3)
of this rule The power to grant or refuse leave to the
Chairperson or a Member and to revoke or curtail leave granted to him shall
vest in the Governor. The Chairperson and the Member, while on tour
(including the journey undertaken to join the commission, or, on the expiry of
his term with the Commission to proceed to his home town) shall be entitled to
travel allowances, as admissible to Cabinet Ministers. In case of
transfer/joining/retirement one month salary will also be paid if place of
residence is not Jaipur. (a)
The Chairperson shall be entitled to :- (i)
rent free
furnished Government residential accommodation: (ii)
free water
and electricity at residence upto limit, to which he was entitled while holding
the post of Chief Justice of High Court or Justice of Supreme Court as the case
may be; (iii)
Rs. 2000/-
per month sumptuary allowance: (iv)
7500 free
telephone calls for every two months; (v)
One
air-conditioned car with driver and 200 liters petrol per month (for local
personal use); (vi)
Rs. 4000/-
per month in lieu of residential assistant: (vii)
security
continent consisting of one HC and four constables/guards; (viii)
medical
facilities as admissible to Cabinet Ministers: (b)
Every member
shall be entitled to:- (i)
Rs. 10,000/-
per month house rent allowance in lieu of residential accommodation, furniture,
water, electricity and garden facilities; (ii)
Rs.
1000/-per month sumptuary allowance; (iii)
7500 free
telephone calls for every two months; (iv)
one air
conditioned car with driver and 150 liters of petrol per month (for local
personal use): (v)
Rs. 2000/-
per month in lieu of residential assistance; (vi)
one gunman; (vii)
medical
facilities as admissible to the Cabinet Minister. Every person holding office as Chairperson or a
Member shall be entitled to subscribe to the General Provident Fund. The Chairperson or Member may, by writing under his
hand addressed to the Governor, resign his office and his resignation shall
take effect from the day it is accepted by the Governor. The State Government shall have the power to relax
the provisions of any of these Rules. Provident Fund Act, 1925 (Cent. Act 19 of 1925) Notifications Under In exercise of the powers conferred by section 8 of
the Provident fund Act, 1925 (Cent. Act XIX of 1925), the Government of
Rajasthan does hereby direct that the provisions of the said Act shall apply to
the Provident Fund established by the Rajasthan State Branch of the Indian Red
Cross Society for the benefit of its employees. [Published in R.G. Gazette Part 1-B, dated 24-3-1956, p. 1186] In exercise of the powers conferred by section 8 of
the Provident fund Act, 1925 (Cent. Act XIX of 1925), the Government of
Rajasthan does hereby direct that the provisions of the said Act shall apply to
the Provident Fund established by the University of Rajputana for the benefit
of its employees. The above Act shall apply with retrospective effect to all
the Provident Funds of the University of Rajputana and Colleges affiliated to
it. [Published in R.G. Gazette Part l-B, dated 29-11-1956, p. 694]. In exercise of the powers conferred by sub-section
(3) of section 8 of the Provident fund Act, 1925 (Cent. Act XIX of 1925), the
Government of Rajasthan does hereby order that the name of the following public
institution shall be added in the Schedule to the said Act, namely:- 41. The University of Rajputana. [Published in R.G. Gazette Part IV-C, dated 20-6-1957, p. 159]. In exercise of the powers conferred by section 8 of
the Provident fund Act, 1925 (Cent. Act XIX of 1925). the Government of
Rajasthan does hereby direct that the provisions of the said Act shall apply to
the Provident Fund established by the Board of Secondary Education, Rajasthan,
for the benefit of its employees. [Published in R.G. Gazette Part IV-C, dated May 28, 1959, p. 189]. In exercise of the powers conferred by section 8 of
the Provident fund Act, 1925 (Cent. Act XIX of 1925), the Government of
Rajasthan does hereby direct that the provisions of the said Act shall apply to
the Provident Fund established by the Rajasthan Electricity Board under
R.S.E.B.Employees General Provident Fund Regulations, 1968 for the benefit of
its employees.Rajasthan State Human Rights
Commission (Salaries, Allowances and other Conditions of Service of Chairperson
and Members) Rules, 2002