CCL-NLSIU Comparison of Rules under the CPCR Act, 2005

Transcription

1 Definition of Child Not defined Defined to Not defined Not defined Not Defined to Not defined Defined to Not defined Not defined Not defined mean "a defined mean "a mean "a person who person who person who has not has not has not completed completed completed age of 18 age of age of 18 years" 18 years" years" Admin Head Member Secretary Member Secretary Secretary Member Secretary Secretary Secretary Secretary Secretary Secretary Secretary Secretary Copyright with CCL-NLSIU 1

2 Selection Committee Not provided Composition Composition Not Not Composition Not provided Not Not not specified not specified provided provided not specified provided provided except that except that except that Chairman will Chairman will will be be Minister-incharge be Minister-in- Minister-incharge of charge of of Women and Women and Social Welfare Child Child Department. Development Development Committee to Department. Department. select Committee to Committee to select only select only and Members.. Selection Committee to appoint headed by Minister-incharge of Women and Child Development and or Members are Secretary of DWCD, Director of DWCD, Secretary, Labour Dept (Delhi Govt) and Principal Secretary, Health (Delhi Govt) Committee to appoint headed by Minister-incharge of Women and Child Development and or Members are Principal Secretary, WCD and Principal Secretary, Social Justice and Member Empowerment Department Copyright with CCL-NLSIU 2

3 Eligibility Criteria Person having past record of violation of human rights or child rights not eligible Person having Person having Person having Not Person having Person having Not Person having past record of past record of past record of provided past record of past record of provided past record of violation of violation of violation of violation of violation of violation of human rights human rights human rights human rights or human rights human rights or child rights or child rights or child rights child rights not or child rights or child rights not eligible not eligible not eligible eligible not eligible not eligible Person having past record of violation of human rights or child rights not eligible 2. Five years work experience in child rights, child protection and advocacy for upholding rights of children. 3. Not an office bearer of any political party 4. Should not hold any post or be affiliated to any govt, quasigovernment al, public sector, nongovernment al, pvt organisation Person having past record of violation of human rights or child rights not eligible Copyright with CCL-NLSIU 3

4 Salary of Equivalent to Cabinet Secretary. If a retired govt servant, semigovernmental body, public sector undertaking or recognised research institution, n salary payable with pension should not exceed last pay drawn. If in govt service, relevant rules will apply. Equivalent to Not provided Rs 15,000 Rs 3,500 Not provided Monthly Chief p.m p.m honararium of Secretary, State Rs 5000 Government Rs 25,000 p.m. For retired government servant - last pay drawn minus pension If govt servant, entitlement to be in accordance with applicable rules. If retired govt servant - entitled to last pay drawn minus pension. For ors, govt will determine monthly honararium from time to time If govt servant, entitlement to be in accordance with applicable rules. If retired govt servant - entitled to last pay drawn minus pension. For ors, govt will determine. If govt servant, entitlement to be in accordance with applicable rules. If retired govt servant - entitled to last pay drawn minus pension. For ors, govt will determine Copyright with CCL-NLSIU 4

5 Salary of Members Equivalent to Secretary, Government of India. If a retired govt servant, semigovernmental body, public sector undertaking or recognised research institution, n salary payable with pension should not exceed last pay drawn. If in govt service, relevant rules will apply. Equivalent to Not provided Rs 20,000 p.m Honorariu Sitting fee Not provided Monthly Secretary, State of Rs 500 honararium of Govt per day Rs 3000 m of Rs 800 per sitting per day. To be paid only if y attend meetings or or official programs subject to certificatio n of Secretary provision relating to salary of provision relating to salary of provision relating to salary of. Copyright with CCL-NLSIU 5

6 Allowances for and Members Dearness allowance, Compensator y (City) Allowance, Travelling Allowance, Residential Accommodati on, Facility for conveyance and medical treatment. Dearness Not provided Facility for Chairpers Travelling Not provided To be Residential Not provided allowance, medical on specified in accommoda compensatory treatment, entitled to Government tion, allowance, fixed monthly telephone Resolutions medical traveling car allowance allowance reimbursem allowance (Rs 9500), of Rs 500 ents as residential HRA at 30% p.m with admissible accommodatio of basic pay. STD to govt n, facility for facility servants. conveyance, and The facility for mobile chairperson medical phone or members treatment at allowance are not rates of Rs entitled to admissible to 1000 p.m any pension. officers of or actuals equivalent rank whichever of State is less. Government Members or as entitled to prescribed by mobile State phone Government allowance of Rs 500 or actuals whichever is less allowance on par with Group C government officials. entitled to telephone at residence or for rental and call charges for own phone for official calls and to HRA of Rs 4500 p.m if residing in own house or a maximum of Rs 15,000 towards rent of a house in Bangalore or Rs 10,000 elsewhere. also entitled to staff car with driver for conveyance equal to cost of 300litres of petrol per Sitting allowance, travelling allowance, conveyance allowance as determined by State Government. Copyright with CCL-NLSIU 6

7 Financial Powers Vest with who can delegate to Member Secretary or Member With Vest with Vest with Three No powers Vest with do not Vest with With. Secretary and member vest with Secretary and have an. Can delegate to not Can delegate Committe not express clause Can delegate to Secretary or to Secretary e. on financial Can Secretary. Prior Members. or Members. consisting or powers delegate to approval of Prior approval Prior approval of Commission Secretary or government of of Chairpers. Members. will have to be government government on, Prior sought on will have to be will have to Secretary approval of certain sought on be sought on and one specified certain certain member government matters. specified specified authorised will have to matters and matters and by be sought also before also before govt can on certain delegating delegating exercise specified financial financial financial matters and powers powers powers. also before entailing entailing Prior delegating expenditure of expenditure approval financial more than Rs 1 of more than of powers lakh on an Rs 1 lakh on governme entailing item. an item. nt will expenditure have to be of more sought on than Rs certain 5000 on an specified item. matters The to sanction amount. Maintain a separate bank account in state Bank of Sikkim. Can delegate to Secretary or Members. Prior approval of government will have to be sought on certain specified matters and also before delegating financial powers entailing expenditure of more than Rs 1 lakh on an item. Copyright with CCL-NLSIU 7

8 Complaint Process Not Provided Not Provided All complaints Not Provided Not Not Not Provided Not Not Provided Not shall be Provided Provided Chattisgarh Provided Provided regiatered and rules assigned a number. These shall be placed before two members judicial bench constituted for this purpose for admission. This process shall be completed not more than two weeks from dates of its receipt. No fees shall be payable for complaints. compaints to be made in Hindi or English or any language included in eight schedule. Upon admission of a complaint /C ommission shall direct wher matter is to be Copyright with CCL-NLSIU 8

9 Grounds for Rejection of Complaints Not Provided Not Provided incidents or Not Provided Not Not Not Provided Not Not Provided Not violations that Provided Provided Chattisgarh Provided Provided have occurred rules one year ago from date of receipt of complaint. Matters which are subjudicial. Not clear. Insignificant nature. Outside jurisdiction of Commission. Commission has power to reject any complaint in limine Copyright with CCL-NLSIU 9

10 Financial Powers of Secretary May be delegated by. Sanction of will have to be sought before incurring expenditure of more than Rs 1 lakh on an item May be State Govt May be Operates State Govt may Not specified May be May be delegated by may delegate delegated by grants of delegate to delegated by delegated by. to Secretary.. Secretary.. Sanction of However, no Sanction of Commission However, no. Sanction of Sanction of expenditure on and expenditure on will have to be an item will have to maintains an item will have to will have to be sought before exceeding his be sought accounts of exceeding his be sought sought before incurring financial before financial before incurring expenditure of powers shall incurring Commission powers shall be incurring expenditure of more than Rs 1 be incurred expenditure. incurred expenditure more than Rs lakh on an item without prior of more than without prior of more 1.5 lakh on an sanction of Rs 1 lakh on sanction of than Rs item. govt. an item govt on an item May be delegated by Chairpers on. Sanction of Chairpers on will have to be sought before incurring expenditu re of more than Rs 1 lakh on an item The Member secretary shall be head of office as well as drawing and disbursing officer and shall exercise all powers as per Sikkim Financial, 1979.May be delegated by. Sanction of will have to be sought before incurring expenditure of more than Rs 1 lakh on an itemchairper son shall be authority to sanction amount. Copyright with CCL-NLSIU 10

11 Additional Functions 1) analyze In addition to that that Not that Not In addition to existing law, functions specified in specified in provided specified in provided those specified policy and provided in Section 13(1) Section 13(1) Section 13(1) in practice to : and and and : assess 1) Coordinate 1) review and compliance and develop monitor with UNCRC interface with budgetary and undertake 2) allocation and inquiries and Not undertake utilization for produce or inquire into children and reports on an issue which recommend policy or is already action in best practice under interest of affecting consideration children children and of 2) refer cases comment on or any or and issues of proposed new Commission 3) national and legislation While inquiring inter-state from child into importance to rights complaints of perspective. violations of 3) ensure 2) Present to child rights immediate Central may call for necessary care Government information or and protection annually and report from to children in at such or state coordination intervals government or with State reports on any or Government working of authority or along with safeguards. organization appropriate 3) Undertake subordinate rehabilitation, formal reto within restoration investigations such time as 4) networking where any be and liaison with concern has specified by it: NGOs and been (a) If corporate expressed information or sector as and Copyright with CCL-NLSIU 11

12 Term of Office of and or Members : Not Provided Can hold office for a with except except that period not following that vacancy shall exceeding additions. No vacancy be filled in 60 three years or chairperson or shall be days. till age of member filled in years. would be days. Member: Can eligible for reemployment hold office for a period under not exceeding Government three years or or any till age of Body/Authori 60. The ty chairperson substantially and members financed by are eligible for renomination Government but not for or be eligible more than to take up two terms. private Vacancy employment should be after filled in 90 demitting days office, without permission of Government, in any organisation that fell within jurisdiction of concerned commission Copyright with CCL-NLSIU 12

13 Leave and Leave Sanctioning Authority Earned leave, commuted leave, extraordinary leave and half pay leave as admissible for Central Government servants. Extraordinary leave also can be availed under applicable legislation. The leave sanctioning authority for chairperson is Central Government, and can sanction leave to Members and Member Secretary. The Member Secretary sanctions leave for or employees and officers Not provided 30 days of Not Not Not provided Not provided If Not Provided. provided provided Read Central Govt as State Govt. earned leave for every year of service. entitled to encashment of 50% of earned leave, to ir credit at any time. The payment of leave salary during leave shall be governed by Rule 40 of CCS (Leave), 1972.Leave Sanctioning authorities are same as. Read Central Government as Department of Women and Child. chairperson or a member is a government servant y shall be entitled to leave as admissible to ir counterparts, for ors leave is as admissible to ir counterparts. Copyright with CCL-NLSIU 13

14 Procedure for Transaction of Business Commission shall meet regularly and three months shall not intervene between its last meeting and next meeting. The Member Secretary shall attend meetings, circulate agenda papers for meetings, give advance notice of at least two days for meetings. decisions will be taken by majority. Commission to. rules. R. meet once in a rules.. month... Additional clauses are as follows: (i) The commission shall attempt at arriving at effective division of work among its members, so as to enable access, accountabili ty and timely action (ii) The principles of independen ce, accessibility, cooperation, operational efficiency, and accountabili ty shall guide functioning of There is no separate section for procedure to transact business. Its covered under a common head meetings of Commission, quorum, reat:- This rule does not provide for when meetings should be held. agenda papers are to be circulated 7 days in advance. The rest of clauses are same as. Copyright with CCL-NLSIU 14

15 Transaction of Business outside headquarters Business outside headquarters will be conducted with prior permission of chairperson in connection with an inquiry and at least two members will constitute a bench Do not prescribe for a bench of 2 members while transacting business outside headquarters.. Quorum 4 including 4 including 4 including 4 including 4 including Chairpers on 4 including 4 including 4 including 4 including 1/3 of appointed members including. 4 including Copyright with CCL-NLSIU 15

16 Secretariat Assistance The Member Secretary along with, except such officers that as agenda papers have to be may direct circulated 7 will attend working days meeting of in advance Commission. Prepare agenda for each meeting and shall have notes prepared. Agenda papers will be circulated two days in advance. Records covering agenda will be made available. Copyright with CCL-NLSIU 16

17 Minutes of Meeting The minutes will be recorded at meeting or immediately after meeting by Member Secretary,. Minutes will be submitted to chairperson for approval, and upon approval be circulated to all members at earliest. Conclusions, dissenting opinions shall be recorded. decisions shall be taken by majority opinion, all orders and decisions shall be aunticated by MS upon prior approval of chairperson.. NCCPR NCCPR.. However.... re is no provision for recording dissenting opinions. Copyright with CCL-NLSIU 17

18 Panel of consultants The Commission may constitute a panel of consultants for assisting commission in investigation, inquiry, research, to serve on task committees. The Commission may devise a transparent process for empanelling se consultants Not Provided The shall subject to Karnataka Transparenc y in Public Procuremen t Act, 1999 and prior approval of State Govt have powers to engage any person(s) as consultant(s ) for a specific purpose and period on terms and conditions agreed in advance. Copyright with CCL-NLSIU 18

19 Annual Report Annual report should be published before 31 December every year for submission to Central Govt. Central Govt should have reports laid before each house of Parliament. Commission can prepare special report if re is a time lag to submit annual report. but does not but However, provide for does not State Govt is tabling of any provide for bound to give of reports. tabling of reasons for any of non acceptance reports of recommendati ons if any within a period of 1 year from date of receipt of such report.. Additional clauses are that commission shall not be competent to testify or release records. All reports published will be made public and accessible though all appropriate means pending translation in official languages. The annual reports and all published reports shall also be summarized and disseminate d in a language that children understand. Copyright with CCL-NLSIU 19

20 Report of Action Taken Member secretary to submit report of follow up action taken at every subsequent meeting. Not provided. Copyright with CCL-NLSIU 20

21 Accounts and Audit Not provided Commission to Not provided Not provided The Not Not provided The Not Not provided Not maintain Commissi provided Commission provided provided proper on shall shall prepare accounts and maintain and submit prepare annual proper annual statement of accounts statement of accounts as and accounts prescribed by prepare (budget) as State Govt annual per and in account procedure and consultation statements formats with in Forms prescribed in Auditor- provided. Govt circular, General of Finance Bihar. The Department auditor -general will audit accounts of Commission and any expenditure incurred in this process shall be borne by Commission. The auditor general will have same rights and privileges and authority in connection with such audit of Govt accounts. The Copyright with CCL-NLSIU 21