The Rajasthan State Commission for
Protection of Child Rights Rules, 2010
G.S.R. 3. - In exercise of the powers
conferred by Section 36 of the Commissions
for Protection of Child Rights Act, 2005 (Central Act No. 4 of
2006), the State Government hereby makes the following rules, namely:-
Rule - 1. Short title and commencement.?
(1)
These
rules may be called the Rajasthan State Commission for Protection of Child
Rights Rules, 2010.
(2)
They
shall come into force on the date of their publication in the Official Gazette.
Rule - 2. Definitions.?
(1)
In
these rules, unless the context otherwise requires,-
(a)
"Act" means the Commissions for
Protection of Child Rights Act, 2005 (Central Act No.4 of 2006);
(b)
"Chairperson" means Chairperson
of the Commission;
(c)
"Commission" means the Rajasthan
State Commission for Protection of Child Rights constituted under Section 17 of
the Act;
(d)
"Member" means the Member of the
Commission;
(e)
"Secretary" means the Secretary
of the Commission; and
(f)
"Section" means a section of the
Act.
(2)
Words
and expressions used and not defined in these rules but defined in the Act
shall have the same meaning as assigned to them in the Act.
Rule - 3. Selection Committee.?
The Chairperson of the Commission shall be appointed by the State Government
on the recommendation of the committee consisting of the following, namely:
(1)
Minister in-charge of
the Department of Women and Child Development: Chairperson
(2)
Principal Secretary,
Women and Child Development Department: Member
(3)
Principal Secretary,
Social Justice and Empowerment Department: Member
Rule - 4. Disqualifications.?
No person having any past record of violation of human rights or child
rights shall be eligible for appointment as Chairperson or Member of the
Commission.
Rule - 5. Term of office of Chairperson and Member.?
(1)
The
Chairperson shall, unless removed from office under Section 7, hold office for
a period not exceeding three years.
(2)
Every
Member shall, unless removed from office under Section 7, hold office for a period
not exceeding three years.
(3)
The
Chairperson or a Member may, by writing under his hand addressed to the State
Government, resign his office at any time.
(4)
The
Chairperson and Members shall not be eligible for appointment for more than two
terms.
(5)
Notwithstanding
anything contained in sub-rule (1), (2), (3) and (4), no Chairperson or any
other Member shall hold office as such after he has attained-
(a)
in the case of
Chairperson, the age of sixty-five years; and
(b)
in the case of a Member,
the age of sixty years.
(6)
If the
Chairperson is unable to discharge his 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 of till the end of his term.
(7)
A
vacancy caused by death, resignation or any other reason shall be filled-up
within 60 days from the date of occurrence of such vacancy.
Rule - 6. Salaries and allowances.?
(1)
The
Chairperson shall be paid salary and other allowances as may be determined by
the State Government, from time to time:
Provided that where the Chairperson is in service of the Central or
State Government his salary shall be regulated in accordance with the rules
applicable to him:
Provided further that where the Chairperson is a retired Government
servant, the salary shall be paid equivalent to the last pay drawn minus
pension.
(2)
The
Members shall be paid sitting fee and other allowances as may be determined by
the State Government, from time to time.
(3)
The
salary and allowances payable to, and the other terms and conditions of service
of the other officers and other employees appointed for the purpose of the
Commission, shall be such as may be determined by the State Government, from
time to time.
Rule - 7. Residuary provisions.?
Administrative matters relating to the operations of the Commission or
the conditions of service of the Chairperson and a Member with respect to which
no express provision has been made in these rules, shall be referred in each
case to the State Government for its decision and the decision of the State
Government thereon shall be final.
Rule - 8. Powers and duties of the Secretary.?
The Secretary shall,-
(i)
have power to execute
all decisions taken by the Commission in order to carry out the powers and
functions of the Commission;
(ii)
exercise and discharge
such powers and perform such duties as are required for the proper administration
of the affairs of the Commission and its day to day management;
(iii)
serve meeting notices of
the Commission to all concerned;
(iv)
prepare in consultation
with the Chairperson, the agenda for each meeting of the Commission;
(v)
make available specific
records covering the agenda items to the Commission for reference;
(vi)
ensure that the agenda
papers are circulated to the Members at least two clear working days in advance
of the meeting, except in cases when urgent attention is required;
(vii)
prepare the minutes of
the meetings of the Commission and shall execute the decisions of the
Commission taken in the meeting and shall also ensure placing of the Action
Taken Report of the decisions of the Commission before the Commission in its
subsequent meetings;
(viii)
ensure that procedure
for transaction of business is followed;
(ix)
take up all such matters
with the Department of Women and Child Development for release of grants,
creation of posts, revision of scales, procurement of vehicles, appointment of
staff, laying of annual and audit report in the Assembly, re-appropriation of
funds, residential accommodation, permitting any officer of the Commission for
deputation abroad and any other matter requiring the approval of the State
Government;
(x)
take up matters relating
to children with concerned departments for appropriate action and follow-up;
(xi)
exercise such financial
powers as are delegated to him by the Chairperson on behalf of the Commission:
Provided that no expenditure on an item exceeding 1.5 lakh rupees shall
be incurred without the sanction of the Chairperson; and
(xii)
be the appointing and
disciplinary authority in respect of officers and other employees of the
Commission.
Rule - 9. Functions of the Commission.?
The Commission shall, in addition to the functions specified in Section
13 of the Act, perform the following functions, namely:
(i)
ensure that the
Commission is directly informed, the views of children in order to reflect
their priorities and perspectives;
(ii)
review and monitor
budgetary allocation and utilisation for children and recommend action in the
best interest of children.
(iii)
refer cases and issues
of national and inter-State importance to the National Commission for the
Protection of Child Rights as and when required;
(iv)
analyse existing law,
policy and practice to assess compliance with Convention on the Rights of the
Child, undertake inquiries and produce reports on any aspect of policy or
practice affecting children and comment on proposed new legislation from a
child rights perspective or in the best interest of child;
(v)
produce and disseminate
information about child rights;
(vi)
compile and analyse data
on children;
(vii)
promote the
incorporation of child rights into the school curriculum, teachers training and
training of personnel dealing with children;
(viii)
ensure immediate
necessary care and protection to children in coordination with State Government
along with appropriate rehabilitation restoration etc.
(ix)
networking and liaison
with Non-Governmental Organisations and corporate sector as and when required:-
(a)
to encourage inputs from
children and adults;
(b)
to maintain a suggestion
box, to take further action;
(c)
to review the
implementation of Juvenile Justice (Care and Protection of Children) Act, 2000;
(d)
to inspect Children
Homes and all government institutions providing support and care to children;
and
(e)
to prepare guidelines
for children friendly investigation and judicial procedures.
Rule - 10. Procedure for transaction of business?
(1)
The
Commission shall meet regularly at its office at Jaipur at least once a month.
(2)
The
quorum shall be one-third of the appointed Members including the Chairperson.
(3)
The
Commission shall have empanelled list of lawyers, social workers, psychiatrist,
counsellors who may assist commission in dealing cases of children.
(4)
The
Secretary, along with such officers as the Chairperson may direct, shall attend
the meetings of the Commission.
(5)
The
Secretary shall, in consultation with the Chairperson, prepare the agenda for
each meeting.
(6)
Specific
files covering the agenda items shall be made readily available to the
Commission for reference.
(7)
The
agenda papers shall ordinarily be circulated to members at least two clear
working days in advance of the meeting, except in cases when urgent attention
is required.
(8)
All
decisions of the Commission at its meetings shall be taken by majority;
Provided that in the case of equality of votes, the Chairperson, or in his
absence the person presiding shall have and exercise a second or a casting
vote.
(9)
If, for
any reason, the Chairperson is unable to attend the meeting of the Commission,
any Member chosen by the Members present from amongst themselves at the meeting
shall preside.
Rule - 11. Minutes of the meeting.?
(1)
The
minutes of each meeting of the Commission shall be recorded during the meeting
itself or immediately thereafter by the Secretary or by any other officer of
the Commission directed by him.
(2)
The
minutes of the meeting of the Commission shall be submitted to the Chairperson
for approval, and upon approval, be circulated to all the Members of the
Commission at the earliest and in any case, sufficiently before the
commencement of the next meeting.
(3)
The
conclusions of the Commission in every matter undertaken by it shall be
recorded in the form of an opinion and dissenting opinions, if given, shall
also be recorded in the proceedings and be kept on record. Action shall be
taken on the basis of majority opinion where there is any difference of
opinion.
(4)
All
orders and decisions of the Commission shall be authenticated by the Secretary
or any other officer of the Commission duly authorised by the Secretary with
the prior approval of the Chairperson in this behalf.
(5)
Unless
specially authorised, no action shall be taken by the Secretariat of the
Commission on the minutes of the meetings until the Chairperson confirms the
same.
(6)
A
master copy of the proceedings, duly authenticated by the Secretary, of all
meetings and opinions of the Commission shall be maintained.
(7)
A copy
of the minutes pertaining to each item shall be kept in the respective files
for appropriate action. Opinions shall be kept in respective records and for
convenience, copies thereof with appropriate indexing shall be kept in guard
files.
Rule - 12. Report of Action
Taken. ?
Report of the follow up action shall be submitted by the Secretary to
the Commission at every subsequent meeting indicating therein the present stage
of action taken on each item, on which the Commission had taken any decision in
any of its earlier meetings, excepting the items on which no further action is
called for.
Rule - 13. Transaction of business outside headquarters.?
The Commission or some members may transact business at places outside
its headquarters as and when previously approved by the Chairperson:
Provided that if parties are to be heard in connection with any enquiry
under the Act, at least two Members shall constitute the bench of the
Commission for such purpose.
Rule - 14. Annual Report.?
(1)
The
Commission shall prepare, publish and place on Commission's website an annual
report every year for submission to the State Government.
(2)
The
Commission shall also prepare special reports on specific issues as and when
necessary under direction of the Chairperson.
(3)
The
State Government shall cause the annual report and the special reports of the Commission
to be laid before the House of State Legislature.
(4)
The
annual report shall include information on administrative and financial
matters, complaints investigated/ enquired into; action taken on cases; details
of research; reviews; education and promotion efforts; consultations; details
and specific recommendations of the Commission on any matter, besides any other
matter that the Commission may consider warranting inclusion in the report.
(5)
In case
the Commission considers that there could be a time lag for the preparation of
the annual report, it may prepare and submit a special report to the State
Government.
(6)
The
forms in which the budget may be prepared and provided and forwarded to the
State Government shall be as provided in Forms I, II, III and IV of Schedule I.
(7)
The
estimated receipt and expenditure shall be accompanied by the revised budget
estimates for the relevant financial year.
(8)
The
budget shall, as far as may be, be based on the account heads specified in
Schedule II.
Rule - 15. Financial Powers.?
(1)
The
Commission shall spend the sums of money received by it for the purposes of the
Act.
(2)
The
Chairperson shall have all powers relating to financial transaction of the
Commission, except in cases, which require prior approval of the Stale Government.
(3)
The
Chairperson shall obtain prior approval of the State Government in matter of
creation of post, revision of pay scale, procurement of vehicles,
re-appropriation of funds from one head to another, permitting any officer of
the Commission to participate in seminars, conferences or training programmes
abroad and such other matters as may be determined by the State Government.
(4)
The
Chairperson shall, subject to such conditions and limitations and control and
supervision, have powers to delegate his financial powers to the Secretary. The
Secretary shall have powers to execute all decisions taken by the Chairperson.
(5)
All
financial powers of the Commission shall be governed by the General Financial
Rules, delegation of financial powers, Rules and economy instructions issued by
the Department of Finance of the State Government, from time to time.
Schedule I
Form I
The Rajasthan State Commission for Protection of
Child Rights Detailed Budget Estimates for the Year 200....
[See Rule
14(6)]
Administration
(Expenditure)
|
Head of
Accounts
|
Actuals
for the past three years
|
Sanctioned
estimate for the current year 200...
|
Actuals of
last six months i.e. 200..
|
Actuals of
six months current year 200..
|
|
1
|
2/3/4
|
5
|
6
|
7
|
|
|
|
|
|
|
Revised
estimate for the current year 200..
|
Budget
estimate for the next year 200...
|
Variations
between columns 5 & 8
|
Variations
between columns 8 & 9
|
Explanation
for columns 10 & 11
|
|
8
|
9
|
10
|
11
|
12
|
|
|
|
|
|
Form II
The Rajasthan State Commission for Protection of
Child Rights Establishment
Statement Details of Provisions for Pay of
Officers/Establishment for the year 200...
[See Rule
14(6)]
|
1
|
2
|
3
|
4
|
|
Name and
Designation
|
Reference
to page of estimate form
|
Sanctioned
pay of the post
|
Amount of
provisions for the year at the rate in column
|
|
Minimum/
Maximum Actual pay of the person concerned due on 1st April next year
|
|
|
(a)
|
(b)
|
(c)
|
3(c)
|
|
|
|
|
|
|
|
|
5
|
6
|
7
|
|
Increment
falling due within the year
|
Total
provision for the year i.e. total columns 4 & 5
|
Remarks
|
|
Date of
Increment
|
Rate of Increment
|
Amount of
Increment for the year
|
|
(a)
|
(b)
|
(c)
|
|
|
|
Form III
The Rajasthan State Commission for Protection of
Child Rights Nominal Rolls
[See Rule
14 (6)]
|
Name and
Designation
|
Pay
|
Dearness
Allowance
|
Compensatory
(City) allowance
|
House rent
allowance
|
Over time
allowance
|
Children
educational allowance
|
Leave
travel concession
|
Other
allowances
|
Total
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
|
|
Total
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Form IV
The Rajasthan State Commission for Protection of
Child Rights Abstract of Nominal Rolls
[See Rule
14(6)]
|
Actual
sanctioned strength as on 1st March, 200..
|
Particulars
of posts
|
Sanctioned
budged grant 20 .... 20...
|
|
No. of
posts
|
Pay and
allowances
|
|
|
I.
|
Officers
(a) Posts filled (b) Post vacant Total officers
|
|
|
|
II.
|
Establishment
(a) Posts filled (b) Post vacant Total II Establishment
|
|
|
|
III.
|
Class IV
(a) Posts filled (b) Post vacant Total III-Class IV
|
|
|
|
G. Total
I, II AND III
|
|
|
Revised
Estimates 20 ? 20...
|
Budget
Estimates 20... 20...
|
Explanation
for the difference between sanctioned budget, revised estimates and the
budget estimates
|
|
No. of
posts included
|
Pay and
allowances
|
No. of
posts included
|
Pay and
allowances
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Schedule II
Budget
and Account Heads
[See Rule 14(8)]
Administration
Heads
of Accounts (Expenditure)
1.
Salaries
2.
Wages
3.
Travel Expenses
4.
Office Expenses
(a)
Furniture (b) Postage
(c) Office machines/equipment, (d) Liveries (e) Hot and cold weather charges (0
Telephones (g) Electricity and water charges (h) Stationery (i) Printing (j) Staff
car and other vehicles (k) Other items.
5.
Fee and honoraria
6.
Payment for professional
and special services
7.
Rents, rates and
taxes/royalty
8.
Publications
9.
Advertising sales and
publicity expenses
10.
Grant in
aid/contributors/subsidies
11.
Hospitality expenses
sumptuary allowances etc.
12.
Pensions/gratuities
13.
Write off/losses
14.
Suspenses
15.
Other charges (a
residuary head, this will also include rewards and prises)
(1)
Head of Accounts
(Receipts)
1.
Payments by Central
Government
2.
Other receipts