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The Gujarat State Human Rights Commission
Information Booklet
The Right to Information Act, 2005.
As on 20-03-2015
Gujarat State Human Rights Commission,
Near Town Hall,
Sector-17, Gandhinagar-382017.
I
PREFACE
There are many measures taken by the Government for Administrative Reforms, after
adopting free economy policies since 1991. The most important measures for a common man taken
were to empower him against the vested groups. These major Administrative Reforms are the
enactments of "Protection of Human Rights Act, 1993", the " Right to Information Act, 2005",
"Consumer Protection Act,2000", "Employment Guarantee Act, 2005" and empowering the
Panchayati Raj institutes and the Competition law, 1998. These measures work for more effective
inclusive democratic system as well as empower common man to fight for his rightful role in our
democratic governance. The protection of Human Rights Act, 1993 provides protection of the human
rights of life, liberty, equality and dignity of fundamental rights for common man against the powerful
vested groups, it liberates him from their harassment.
The inclusive development and democracy cannot work without investment and
empowerment of the common man particularly the weaker sections like women and children,
scheduled castes, scheduled tribes physically and mentally disable person, bonded labours and
minorities. While Right to Information Act brings the desired level of transparency in the system, the
Protection of Human Rights provides him liberty, safety, equality and dignity. There is a long way
before we achieve desired level of results. There are many violations of Human Rights of under trials
in jails, poor living conditions.
Female feticide, dowry, discrimination against minorities, S.Cs, S.Ts and physically and
mentally disable persons. Their empowerment is needed mostly to ensure a more secure and dignified
life and control on the administrative encouragement to the antisocial elements in society.
The Gujarat State Human Rights Commission started working since 12-9-2006 to provide
public a very transparent system of speedy justice to a common man at a minimal cost. The required
literature for public use and transparent functioning will go to a long way to establish a rule of law
with human face.
The Gujarat State Human Rights Commission is the only one office in the whole state at
Gandhinagar; it has no independent District or regional office but makes use of the Government
machinery of the departments. The Gujarat State Human Rights Commission being a quasi judicial
authority with a former Chief Justice as its Chairperson to guide, who enjoyed the status of a having
powers of court to call any person for fair inquiry. We are working for providing requisite literature
for empowerment of common man. If any information is not covered in the booklet a person can seek
required information, by payment Rs. 20. We care in this exhaustive
information on the work of the Commission. Moreover, we are open for any suggestion and guidance
to improve it. The Commission has declared the Section Officer as a Assistant Public Information
Officer, Under Secretary as Information Officer, and the Deputy Secretary as a Appellate Officer if
his requirement is not satisfied at that stage.
In our present working, applicant is immediately acknowledged receiving his application. As
per severity and gravity of the situation, the required action is proposed which is approved at the level
of the Secretary to the Commission. Many times the views and status reports are called for from the
concerned competent authorities. The Commission takes a practical and realistic view after taking all
facts of the circumstances of the issue. The formal case is registered after seeing that case is fit for
such trial. The Secretary is authorized to take certain routine decision as a CEO of the GHRC.
However the guidance of the Commission is always solicited where legal issues are complicate and
formal orders are issued. We hope the people will find this information useful and handy for dealing
complicated violation of Human Rights.
Date : 20-03-2015
Sd/(N.P.Thakar, IAS)
Secretary
Gujarat State Human Rights Commission
Gandhinagar
II
CONTENTS
Manual
No.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Subject
Right to Information.
Details, functions and duties of the Gujarat State Human Rights
Commission.
Organization of the Commission and Powers and duties of officers
and employees
Procedure to be followed in decision making process.
Norms prescribed for work.
Rules, Regulations, Instructions, Manuals and records for carrying
out works.
Categories of documents with public organization (State
Commission) or the persons under its control).
Consultation with the members of public for policy making or
arrangement for their representation.
Board, Council, Committees and Other Organization
Names and Telephone numbers of officers and staff
Monthly remuneration of officers and staff
Information of details of budget for various activities under various
schemes being implemented by the office.
Manner of execution of subsidy programme
Details of relief, permit or authorization.
Information available as electronic, media
Details of facilities available to citizens for obtaining information
The Names and other particulars of the Public Information Officer
Miscellaneous
Orders, Circulars relating to public authority
Citizen Charter
Notification Regarding Human Rights Courts
Notifications of GSHRC
III
Page No.
1
3
6
15
18
19
20
21
22
23
25
27
28
29
30
31
32
33
34
41
43
44
Right to Information
1. Definitions
Definition of some important terms and expressions used in the Right to Information Act,
2005 are as under;
(A)
“appropriate Government” means
1) In relation to a public authority which is established, constituted, owned, controlled or
substantially financed by funds provided directly or indirectly
2) By the Central Government or the union territory administration the Central Government.
3) By the State Government, the State Government.
(B)
“Central Information Commission” means the Central Information Commission
constituted under sub-section (1) of section 12;
(C)
“Central Public Information Commission” means the Central Public Information
Officer designated as such under sub-section (2) of section 5;
(D)
“Chief Information Commissioner” and Information Commissioner” mean the Chief
Information Commissioner and Information Commissioner appointed under subSection(3) of 12;
(E)
“competent authority” means
(i)
The Speaker in the case of the House of the People or the Legislative Assembly of
(ii)
(iii)
(iv)
a State or Union Territory having such Assembly and the Chairman in the case of
the Council of States of a Legislative Council of States;
The Chief Justice of India in the case of Supreme Court.
The Chief Justice of the High Court in the case of High Court.
The President or the Governor, as the case may be, in the case of other authorities
Established or constituted by or under the Constitution.
The administrator appointed under Article 239 of the Constitution.
(v)
(F)
“Information” means any material in any form, including records, documents, memos,
E-mails, opinions, advices, press releases, circulars, orders, log books, contracts, reports,
papers, samples, models, data material held in any electronic form and information
relating to any private body which can be accessed by a public authority under any other
law for the time being in force.
(G)
“prescribed” means prescribed by rules made under this Act by the appropriate
Government or the competent authority, as the case may be’
(H)
‘Public authority’ means any authority or body on institution of self Government
established or constituted.
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(i)
(ii)
(iii)
(iv)
(ii)
(iii)
(I)
“records” includes
(i)
(ii)
(iii)
(iv)
(J)
By or under Constitution.
By any other law made by parliament.
By any other law made by State Legislative.
By notification issued or order made by the appropriate Government, and includes
any,
Body owned, controlled or substantially financed.
Non-Government Organization substantially financed. Directly or indirectly by
the appropriate Government.
Any documents, manuscript and file.
Any micro films, micro fiche and facsimile copy of a document.
Any reproduction of image or images embodied in such micro film (whether
Enlarged or not);
Any other material produced by a computer or any other device.
“Right to Information” means the right to information accessible under this Act which
is held by or under the control of any public authority and includes the right to.
(i)
(ii)
(iii)
(iv)
Inspection of work, documents, records.
Taking notes, extracts or certified copies of documents or records.
Taking certified samples of materials
Obtaining information in the form of diskettes floppies, tapes, video, cassettes or
any other electronic mode or through printouts where such information is stored
in a computer or in any other device.
(K)
“State Information Commissioner” means the State Information Commission
constituted under sub-section (1) of section-15.
(L)
“State Chief Information Commissioner” and “Information Commissioner” means the
“State Chief Information Commissioner” and the State Information Commissioner
Appointed under sub-section (3) of section-15.
(M)
“State Public Information Officer” means the State Public Information Officer
Designated under sub-section (1) and includes a State Assistant Public Information
Commissioner designated as such under sub section (2) of section-5.
“Third Party” means a person other than the citizen making a request for information
and includes a public authority.
2
Manual No.1
Details, functions, and duties of the Gujarat State Human Rights Commission
Aims/objectives of the State Commission
The Gujarat State Human Rights Commission has been constituted under the Government
Home Department Notification No.GG/52/2006/HRC/1094/ GOI-I (Part- 2) IV Dtd.12/7/2006.
As mentioned in section 21(5) of the Protection of Human Rights Act, 1993, it require to look
into violation of human rights in respect of matters related to only of the entries enumerated in
List-II (State List) and List-III (Concurrent List) in the seventh schedule to the article of the
Constitution, but the commission shall not inquire into any matter which is pending before a State
Commission or any other commission duly constituted under any law for the time being in force
[Section-36(1)].
On Constitution of the Gujarat State Human Rights Commission, the State Commission
have started functioning from 12th September, 2006.
Functions and powers of the Gujarat State Human Rights Commission.
1. Functions: The State Commission shall perform all or any of the following functions namely
(Section-12).
(a)
(i)
(ii)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
Inquire, suo motto or any petition presented to it by a victim or any person on his
Behalf or on a direction or order of any court, into complaint of
violation of human rights or abetment thereof, or
Negligence in the prevention of such violation, by a public servant.
Intervene in any proceeding involving any allegation of violation of human rights
Pending before a court with the approval of such court.
Visit, not withstanding anything contained in any other law for the time being in
Force, any jail or other institution under the control of the State Government,
Where persons are detained or lodged for purposes of treatment reformation or
protection for the study of the living conditions of the inmates thereof and make
recommendations thereon to the Government.
Review the safeguards provided by or under the Constitution or any law for the
Time being in force for the protection of human rights and recommended
Measures for their effective implementation.
Review the factors, including acts of terrorism that inhabit the enjoyment of
human rights and recommended appropriate remedial measures.
Study treaties and other international instruments on human rights and Make
recommendations for effective implementation.
Undertake and promote research in the field of human rights.
Spread human rights literacy among various sections of society and promote
awareness of the safeguards available for the protection of these rights through
publications, the media seminars and other available means.
Encourage the efforts of non-governmental organizations and institutions working
in the field of human rights.
Such other functions as it may consider necessary for the protection of human
rights.
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1.
(a)
(b)
(c)
(d)
(e)
(f)
2.
3.
4.
5.
6.
7.
2. Powers related to inquires: The State Commission have the following powers under
Section-13.
The commission shall, while inquiring into complaints under the Act Have all powers of a
civil court trying a suit under the Code of Civil Procedure, 1908, in particular in respect
of the following matters, Namely:
Summoning and enforcing the attendance of witnesses and examining Team on oath;
Discovery and production of any document;
Receiving evidence on affidavits;
Requisitioning any public record or copy thereof from any court or office;
issuing commissions for the examination of witnesses or documents;
any other matter which may be prescribed.
The Commission shall have power to require any person, subject to any privilege which
may be claimed by that person under any law for the time being in force, to furnish
information on such points or matters as, in the opinion of the Commission, may be
useful for, or relevant to, the subject matter of the inquiry and any person so required
shall be deemed to be legally bound to furnish such information within the meaning of
section 176 and section 177 of the Indian Penal Code.
The Commission or any other officer, not below the rank of a Gazetted Officer, specially
authorized in this behalf by the Commission may enter any building or place where the
Commission has reason to believe that any document relating to the subject matter of the
inquiry may be found, and any seize any such document or take extracts or copies there
from subject to the provisions of section 100 of the Code of Criminal Procedure, 1973, in
so far as it may be applicable.
The Commission shall be deemed to be a civil court and when any offence as is described
in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal
Code is committed in the view or presence of the Commission, the Commission may,
after recording the facts constituting the offence and the statement of the accused as
provided for in the Code of Criminal Procedure, 1973, forward the case to a Magistrate
having jurisdiction to try the same and Magistrate to whom any such case is forwarded
shall proceed to hear the complaint against the accused as if the case has been forwarded
to him under section 346 of the Code of Criminal Procedure, 1973.
Every proceeding before the Commission shall be deemed to the a judicial proceeding
within the meaning of sections 193 and 228, and for the purposes of section 196 of the
Indian Penal Code, and the Commission shall be deemed to be a civil court for all the
purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
Where the Commission considers it necessary or expedient so to do, it may by order,
transfer any complaint filed or pending before it to the State Commission of the State
from which the complaint arises, for disposal in accordance with the provisions of this
Act; Provided that no such complaint shall be transferred unless the same is one
respecting which the State Commission has jurisdiction to entertain the same.
Every complaint transferred under sub-section (6) shall be dealt with and disposed of the
State Commission as if it were a complaint initially filed before it.
Exception : 36(2) The Commission or the State Commission shall not inquire into any matter
after the expiry of one year from the date on which the act constituting of human rights is alleged
to have been committed.
4
Mission of the State Commission (foresightedness and definitions)
(A) Foresightedness and History.
“International Covenants” are made in respect of human rights. Accordingly
which include International covenants on civil and political rights and International
covenant on economic social and cultural rights adopted by the General Assembly of
United Nations on the 16th December, 1966 [(Section 2(1)(F)] of the Act.
(B) Definitions :
Definitions of the important matters included and words in human rights and some
definitions mentioned in section-2 of the Human Rights Act, 1993.
(a) “armed forces” means the naval, military and air forces and includes any other
armed forces of the Union;
(b) “Chairperson” means the chair person of the commission or of the State
Commission, as the case may be,
(c) “Commission” means the National Human Rights Commission under section 3;
(d) “Human Rights” means the rights relating to life, liberty, equality and dignity of the
individual guaranteed by the Constitution embodied in the International covenants
and enforceable by courts in India.
(e) “Human Rights Court” means the Human Rights Court specified under section 30;
(f) “International Covenants” means the International Covenant on Civil and Political
Rights and International Covenant of Economic, Social and Culture rights adopted by
the General Assembly of the United Nations on the 16th December, 1966 (and such
other Covenant or Convention adopted by the General Assembly of the United
Nations as the Central Government may, by notification, specify”);
(g) “Member” means a Member of the Commission or of the State Commission as the
case may be;
(h) “National Commission for Minorities” means the National Commission for
Minorities constituted under section 3 of the National Commission for Minorities Act,
1992;
(i) “National Commission for the Scheduled Castes” means the National Commission
for the Scheduled Castes referred to in Article 338 of the Constitution.
(j) “National Commission for the Scheduled Tribes” means the National Commission
for the Scheduled Castes referred to in Article 338 A of the Constitution.
(k) “National Commission for Women” means the National Commission for Women
constituted under section 3 of the National Commission for Women Act, 1990;
(l) "National Commission for Protection of Child Rights"
(m) “Notification” means a notification published in the official Gazette;
(n) “Prescribed” means prescribed by rules made under this Act;
(o) “Public Servant” shall have the meaning assigned to it in section 21 of the Indian
Penal Code;
(p) “State Commission” means a State Human Rights Commission constituted under
Section-21.
(q) Rules and Regulations means the “Rules” and “Regulations” framed by the State
Government under section-41 of the Act and should take the meaning of the
Regulations framed by the State Commission under section 10(2) of the Act. The
interpretation of the terms which are not made in the rules-regulations shall be
construed as mentioned in the law or the interpretations that may be purporting
thereby.
5
Manual – 2
Organization of the Gujarat State Human Rights Commission
Chairperson
Member
Member
Secretary
Registrar (Law)
Joint Secretary
Law Officer
Under Secretary
Librarian
Section Officer
Addl. Director General of Police
Deputy Superintendent of Police
Police Inspector
Account Officer
Police Sub Inspector
Deputy Section Officers,
Accountant/ Dy. Accountant
Other Class-III & IV
Police Constable
Programmes of the Gujarat State Human Rights Commission:
Besides the work of applicants/complaints, the Gujarat State Human Rights Commission
shall perform functions relating to promotion of human rights activities, programmes relating to
that, seminar, media publications, popular association services and to take and extend coooperation relating to human rights (NGO) etc. The State Commission shall publish its own
reports mentioned in its relevant laws/rules/regulations. The commission shall obtain suggestions
complaints within the limits of law, rules and regulations for excellent observance of human
rights in the state and shall make efforts/recommendations/action for the solution thereof.
Time of the office of the Gujarat State Human Rights Commission
The Gujarat State Human Rights Commission times will be same as fixed by the Gujarat
State officials in Sachivalaya, Gandhinagar as per time declared by the Stat Government at
Sachivalaya level.
Time of office hours: 10:30 hrs. in the morning.
Time of closing hours: 18:10 hrs. in the evening.
Recess time will be from 2.00 to 2.30
Gujarat State Human Rights Commission.
The Gujarat State Human Rights Commission has its State level office only at
Gandhinagar. It does not have any other independent field office but it operates through the
concerned Government Departments/Public Agencies according to the provision of POHR Act,
1993.
6
Powers and Duties of the Officers are as under.
1. Secretary to the State Commission.
Part-I : Administrative Powers:
1. The secretary to the State Commission is the Chief Executive Officer of the State
Commission.
2. Functions entrusted by the Hon’ble Chairperson and, the State Commission and all
administrative powers that may be required for the effective functioning of the commission.
3. The actions on the reports and drafts recommendations made by the State Commission.
4. Annual planning, preparation of budget, new items relating to the office of the Gujarat
State Human Rights Commission.
5. In pursuance of the decisions taken by the State Commission, preparation of the select list
with regard to class-I and class-II officers, as the case may be, under the control of the
Commission, proposals of rules of departmental examinations, permission to appear in
departmental examinations in special case, matters relating to relaxation in rules of
departmental examination, cases relating to disciplinary action, cases relating to vigilance
commission etc.
6. Cases of leaves, leave travel concession, motor car, house advances and temporary and final
withdrawal of funds from the employees general provident fund. No objection certificate for
passport, applications for appointment on outside posts, maintenance of seniority list, cases of
giving deemed date, making the appointments, pay fixation, making the deriving candidates
permanent on the sanctioned posts, permission of crossing efficiency bar in respect of class-I
officers and class-II under the control of the State Commission.
7. Subject to the conditions prescribed by State Government, to give permission to air travel to
the employees, officers of the State Commission who are not eligible for air travel, to give
permission to employees to travel outside of the State for office work.
8. All powers of all kinds of disciplinary actions for relation of disciplinary and of all the
employees of the Commission except those who are on deputation from other offices.
9. Change in birth-date resulting from error by the office in service books, change in the native
place in respect of staff members of the Commission except there on deputation.
10. Cases relating to review for continuing the gazetted officers under control of the State
Commission service at the age of 50-55 years, representations against the adverse remarks in
confidential reports.
11. Action regarding the cases of suspension of the officers of the State Commission subject to
the existing directions of the General Administrative Department.
12. Proposals of making the posts permanent in the State Commission, proposals of giving
compassionate appointment in the State Commission.
Part – II : Financial Powers :
1. As per existing orders, financial powers of making recurring expenditure and non recurring
expenditure vested in Principal Secretary to Government of Gujarat as Head of Department.
2. To sanction as a special case, part final withdrawal from the provident fund to Class-II
officers of the State Commission.
3. To purchase furniture for new office or expansion of the existing office of the State
Commission.
7
4. Cases of higher pay scale of the gazetted officers of the department of the State Commission.
5. As per sanction of State Government policy the purchase of new staff car, vehicles for the
office of the State Commission.
6. Sanctioning of house building advance to the employees of the office of the State
Commission as per State Government policies.
Part – III : Powers delegated to Secretary by the Commission. :
1.
2.
3.
(1)
(2)
(3)
(4)
All matters related to interpretations of Acts, Rules/Regulations, and Circulars which are
being administered by the State Commission. The following powers shall be exercised
and work shall be carried out subject to the provisions made for the State Commission in
the Protection Human Rights Act, 1993.
The appointment of Secretary in the Gujarat State Human Rights Commission is made by
the Government of Gujarat under Section 27(1)(A) of the of Protection Human Rights
Act, 1993. And in this way the Secretary shall, as stated in the Resolution dated 7th
September,2010 of the State Commission, undertake functions as the Chief Executive
Officer of the Commission and do all work allotted by the State Commission. Moreover
Shri P. N. patel, IAS has been appointed as the Secretary under the State Government
Notification, General Administration Department dated 6th September, 2010, and these
powers are delegated to him.
Under Resolution of the State Commission dated 7th September, 2010, other
administrative, technical and scientific powers, powers of appointment of establishment
of the State Commission are delegated to the Secretary of the commission.
On appointment of Secretary to the State Commission under section 27(1) of the Act, the
State Commission has delegated the following powers under Resolution No. of the State
Commission dated 7th September, 2010
In order that the administrative and financial functions of the State Commission are
undertaken easily all administrative and financial powers of the State Commission are
delegated to Shri P. N. patel, IAS Secretary as a Head of the Department.
Powers under Sections 9, 10,12,13,14,15,16,17 and 18 read with sections 29 of the Act,
delegated by the Hon’ble Chairperson, as well as the Hon’ble Member of the State
Commission if as a civil court.
Shri Shri P. N. patel, IAS Secretary is authorized to enter into correspondence on behalf
of the State Commission with National Human Rights Commission, Government of India,
and Government of Gujarat and with all authorities concerned in connection with the
activities and functions of the State Commission.
To make efforts for effective implementation and disposal of the cases of violations of
Human Rights by the specified District Human Rights Courts in each district u/s 30 and
the active role of the Special Public Prosecutor/Advocates appointed u/s 31 of Protection
of Human Rights Act, 1993 in each District Human Rights Courts.
2. Additional Director General of Police
Administrative powers, duties and functions.
1. As per provision of the Protection Human Right Act, 1993, according to Resolution No.
of the Gujarat State Human Right Commission dated 7th September, 2010, as per section
27(1)(b) of the Act, under Government Notification, Home Department dated 31-8-2010
8
as Shri S. K. Saikia IPS is appointed as an Additional Director General of Police in the
State Commission and he has joined the service of the State Commission from 7th
September, 2010, Shri S. K. Saikia has been authorized to exercise powers of
2.
3.
4.
5.
6.
7.
8.
9.
investigation and to perform functions so that the work may be carried out taking services
of the police officers and police establishment appointed in the commission.
To do such other ancillary work with the Hon’ble Chairperson and Hon’ble Members and
the Secretary of the State Commission.
To provide assistance and guidance in the work so that actions are taken in time on
omplaints, applications being received in the State Commission and the same are properly
disposed of.
The Additional Director General of Police of the State Commission is authorized to
secure necessary co-operation from the State Police Organization for carrying out the
work of investigation of the State Commission as per Resolution No. 15 Notification
dated 7th September, 2010
To exercise all powers and perform duties, which are relevant to the function of the
Gujarat State Human Rights Commission delegated to the Additional Director General of
Police in the police organization of the State Government.
Necessary investigation, advice, co-operation and guidance required by the State Human
Rights Commission in criminal cases of special and serious nature.
Necessary co-operation and guidance to administrative and legal wing of the State
Commission.
To entrust of work and duties to the police establishment allotted to the State Commission
for undertaking various functions of the State Commission.
Work relating to the judgments of the Hon’ble Supreme Court, Hon’ble High Court,
relating to human rights and the work relating to instructions of the National Human
Rights Commission.
3. Deputy Secretary to the State Commission
Administrative powers and duties:
1. Deputy Secretary is the controlling officer of the office of the State Commission.
2. Establishment matters of all non-gazetted employees, their pension cases higher pay
scales he centenaries after securing approval of the Secretary to Commission.
3. He us dealing with the establishment issues such as Promotions, appointments, transfer
leaves, efficiency bar, of non-gazetted employees and has power to sanction leaves,
charge allowance as per Rules & Requirements of the Commission.
4. Dealing with all Court cases in the matters relating to the Establishment of the State
Commission.
5. Disciplinary actions against class-III and class-IV employees.
6. After approval of Secretary for study, to send pension papers, sanction to final withdrawal
from the GPF at the time of retirement, seating arrangement of the officers of the State
Commission, to send application for service elsewhere.
7. After taking approval of the Secretary on file to give permission to retire on attaining the
age of superannuation to officer/employees of the State Commission.
8. After approval of Secretary, re-employment of the employees on the posts of class-IV for
one year as per powers given by Government.
9
9. To sanction of telephones at the residence of the officers of the office of the State
Commission as per entitlement and incurring expenditure on their maintenance after prior
approval of Secretary.
10. Other work that may be entrusted by the Secretary to the State Commission.
Financial Powers and Duties:
1. To sanction food grain advance, festival advance, cycle / scooter advance, fan advance
and travel advance and to sanction remaining advance after first installment of house
building advance.
2. He ensured that commission's budget and accounts are proposed and sent to Government
its time after housing got approved from the competent authorities in the commission.
3. After obtaining sanction of the Secretary, subject to the Gujarat Financial Rules, time
barred claims of pay and allowances, cases of pay fixation of the employees of the
department.
4. To sanction telephone charges as per existing policy directions of the commission.
5. As per the Gujarat Financial Rules and instructions of the commission to sanction
recurring expenditure upto Rs.15000/- and non-recurring expenditure upto Rs.25000/- for
repairs, maintenance of copier machine, duplicating machine, fax machine, type writers
as well as for purchase of stationery, curtains, books, publication, table cloth, crockery
etc. for the State Commission.
6. Preparation of the replies of the audit Para, draft Para received from the Accountant
General with approved of competent authorities.
7. Other duties and powers that may be entrusted by the Secretary to State Commission,
decisions regarding the cases to be submitted to the Additional Director General of Police
of the State Commission, matters relating to opinions, advice and guidance to be sent to
him.
4. Under Secretary to the State Commission
Administrative powers and duties:
1. He handles all establishment issues of the commission and makes order after seeking
approved of the competent authorities in the commission including issues such as
disciplinary and inquiry matters establishment, records of employees, medical
examination, verification of date and scrutiny of forms etc.
2. After approval of Secretary, G.S.H.R.C. cases relating to interpretation of service and pay
rules, which are required to be sent to the Finance Department and the General
Administration Department.
3. Subject to approved by higher authorities pay fixation of non-gazetted employees,
pension, payment of outstanding claims of pay-allowance and other general matters of
pay, service books, duplicate service-books, pass books, increment, sanction of special
pay as per policy of the commission, travelling allowance advance, to sanction to draw
advance for office expenditure upto Rs.5000/-.
4. Subject to approved of lay down terms and conditions of deputation of non-gazetted
employees.
10
5. In pursuance of the decision of the State Commission to conduct branch inspection and
table inspection as the case may be and to ensure that the same is implemented
accordingly.
6. All matter relating to cash and registry branch which are not contrary to rules or
procedure.
7. To maintain of Confidential Reports of class-III employee.
8. Disciplinary actions against employees of class-IV employee.
9. Any such work that may be entrusted by the Secretary and the Deputy Secretary to State
Commission.
Financial Powers and Duties :
1. To send applications of the employees of the State Commission to open accounts of the
General Provident Fund and to sanction part final withdrawal from that account and to
sanction advance from the account.
2. To provide furniture, stationery and other articles to the offices under the control of State
Commission to get printed prescribed form, sale of waste papers.
3. To send to the Finance Department, revised estimates, estimates of standing expenditure,
to release grant within the limits of the provisions of non Plan and Plan.
4. Financial proposals of recurring expenditure not exceeding Rs.5000/- and nonrecurring
expenditure not exceeding Rs.10000/-, including to hire typewriters, to enter into
agreements of computer service.
5. Payments of subscription/bills of magazines, news papers etc. payment of telephone bills.
6. Any other work that may be entrusted by the Secretary and the Deputy Secretary to the
State Commission.
Other Powers and Duties :
1. To include the names of officer in Appendix-3 and 13 in the manual of printing and
stationery to provide stationery materials, articles and forms.
2. Cases in which missing information is essential in policy matters.
3. To prepare information called for by the Legislative Assembly.
4. To sanction food grain advance, festival advance, cycle/scooter advance, fan advance and
travelling advance, sanction to remaining instalments subsequent to first instalment of
house advance.
5. To send interim replies to the letters received by the State Commission in consistence
with policy programmes and directions of the commission.
6. To enclose that seals and confidential papers sent for his custody are kept properly and
submit to higher authorities as and when required.
4. Deputy Superintendent of Police of the State Commission
Functions and duties.
1. To perform duties and functions that may be entrusted by the Secretary and the
Additional Director General of Police of the State Commission.
11
2. All powers and duties which are entrusted to the Deputy Superintendent of Police in the
police organization of the State Government, which are relevant to the functions of the
Gujarat State Human Rights Commission.
3. To carry out necessary investigation; to give advice, co-operation and instructions in
criminal cases of special and serious nature in the State Human Rights Commission.
4. Necessary advice and co-operation to the administrative and legal wing of the State
Commission and action as per instructions.
5. To investigate, co-operation and take action as per instruction so that action may be taken
in time and complaints/applications received in the State Commission are disposed of
properly.
6. To give necessary advice, co-operation and guidance to the administrative and legal wing
of the State Commission.
7. To entrust to the police establishment allotted, the duties for the work of the State
Commission to undertake the functions of the State Commission.
8.
Important judgments of the Hon'ble Supreme Court and the Hon’ble High Court relating
to human rights and the work relating to instructions of the National Human Rights
Commission.
5. Section Officer of the State Commission
To acknowledge receipt of routine type letters:
1. To send formal and informal reminders, to see that such letters are sent timely.
2. Submit files on all matters on the subject assigned to him as per directions.
3. To provide copies of Government Resolutions, Circulars issued by the State Commission
and copies of other orders of the State Commission to State officers and other copies as
per approval from higher authorities.
4. To ensure that the work of branch is disposed of speedily and in time and his subordinate
staff disposes matters efficiently.
5. To ensure that the statements of weekly, fortnightly and monthly progress is submitted to
the Secretary.
6. To exercise vigilance to adhere to the time limit prescribed for disposal by the State
Commission and the superior officer.
7. To manage the branch of the State Commission entrusted to him subject to the directions
received from the Superior Officers.
8. To ensure that file of select papers, file of standing orders are maintained and proper care
for the record is exercised.
9. To undertake the inspection of the individual employees work regularly in his branch
prescribed by the State Commission.
10. To attend vigil eye on visitors coming in the branch.
11. Any such other work that may be entrusted by the superior officials of the State
Commission.
12. They will work under the guidance of the Secretary and A.D.G.P to the Commission.
13. To collect statistical data from various Government Authorities and other agencies
relating to the functions of the Commission and submit analysis data to the Secretary and
Commission.
14. To maintain updated data relating to the functions of Commission and submit to the
Secretary every month.
12
6. Police Inspector of the State Commission
Duties and Functions.
1. Work being entrusted by the higher officials of the State Commission.
2. All services and powers and duties which are entrusted to the Police Inspectors in the
Police Organization of the State Government, which are relevant to the Gujarat State
Human Rights Commission.
3. Advice, co-operation and guidance for action so that action is taken in time on
complaints/applications being received in the State Commission and disposed of properly.
4. Necessary investigation, advice and guidance to the State Commission in criminal cases
of special and serious nature.
5. To entrust work and duties to the police establishment allotted to him by the State
Commission.
7. The Duties and Responsibilities of the Registrar
1. The Registrar is the Officer who primarily assists the Commission's case work. He
ensures proper prescribed procedure and documents arrangements for hearing of the
Commission and follow up actions.
2. He works under the guidance, supervision and directions of the Commission and
Secretary.
3. He is Accountable to the Commission and for discharging his duties and functions.
4. He is to scrutinize the papers and registers the case if it falls within the jurisdiction of
Commission under the provisions of the Protection of Human Rights Act, 1993, otherwise
rejects it.
5. To impart legal opinion to the Commission as to whether to intervene in any proceedings
involving any allegation of violation of Human Rights pending before the Court with the
approval of such Courts as per Section 12(b) of the Protection of Human Rights Act,
1993.
6. To prepare a brief of referred cases to be put up before the Commission for its
consideration.
7. It is his duty to provide Commission with verdicts / judgments of the Hon'ble Supreme
Court and Hon'ble High Court and other High Courts of other States of India and various
rulings and latest development on the subjects in pursuance of the Protection of Human
Rights Act, 1993.
8. To bring out the effective liaison with other Courts designated for Human Rights in the
State.
9. He assists the Commission in the hearing of the cases through the Presenting Officers.
The duties and responsibilities of the Law Officer of the GSHRC
1. He will work under the guidance, supervision and direction of the Registrar and Secretary
to the GSHRC.
2. He will supervise the officials and employees of the Legal branch for scrutiny of the
applications.
3. He will assist the Registrar of the Commission to make his work more effective.
13
4. He monitors the litigations of the Commission and will attend the hearing as and when
required.
5. He will defend the cases of Commission in the High Court or other Courts.
Duties and Responsibilities of Accounts Officer
1. The Accounts Officer is the Chief Manager for accounts.
2. He shall work as a Drawing and dispersing Officer of the Gujarat State Human Rights
Commission.
3. To write and maintain cash book of the accounts of the Commission.
4. He will assist the process of plan and budget of the Commission.
5. To prepare the accounts of the Commission in the formats prescribed under Account
Rules of Commission and get audited by the Comptroller and Auditor General of India
and to attend draft paras.
6. To observe rules and regulations of GTR and Rule of financial Budget Manual while
making expenditure in the Commission.
7. To look after reconciliation work with PO, Gandhinagar and AG (Audit) Rajkot under the
supervision, guidance and direction of the Head of Office i.e. Under Secretary as per para
101 of the Budget Manual.
8. To assist for the preparation of pension cases of the Officers / Employees of the
Commission.
14
Manual No. 3
Gujarat State Human Rights Commission, a procedure to be
followed in decision making process.
Which method is followed
for taking decisions in
respect of various points?
1.
The Gujarat State Human Rights
Commission accepts the procedure convenient to
the commission under the protection of Human
Rights Act, 1993 whereas for administrative
machinery under the State Commission, subject
to the provision of the Act, work is carried out as
per powers delegated and the Financial Power
Devolution Rules adopted by the Commission
Rules.
Rules, Regulations, circulars and instructions
of the Gujarat State Human Rights Commission.
As stated above, the commission follows its
own procedure and requirements Act, Rules and
Regulations.
Documentary laid
Down
procedure/prescribed
criteria/ rules for taking
any special decision for
important matters.
Arrangement to reach the The commission look into each and every case
decision to the public
individually as per law and decisions is
communicates to the concerned parties.
9.4
9.5
Officers whose views are In pursuance of the rules, regulation and instructions
to be taken in decision from time to time.
(1)
The Secretary, Dy. Secretary and Under
making process.
Secretary subject to the powers delegated to from
the by the State Commission.
(2)
in case of criminal proceedings Police
Inspector, Deputy Superintendent of Police, who is
evolved for investigation and the Additional
Director General of Police.
(3)
The State Government of the concerned
authorities having powers to along with the issues.
(4) Any other competent expert on the subject.
Decision making
1. All powers are vested in the State Commission
ultimate authority
and chair person of the State Commission in
judicial matters.
2. All powers are conferred on the Secretary to the
Commission in respect of administrative and
financial matters.
All powers are conferred on the ADGP to the
commission for the purpose of investigation into any
Criminal matter.
15
Gujarat State Human Rights Commission has main branches
1) Legal Branches (1, 2, 3) and Investigation Branch
2) Establishment Branch
3) Accounts Branch.
Subject
Subjects of all the six branches of the State Commission are as under :
1. Legal & Investigation branch (Section Officer)
2. Legal Work pertaining to the provision under various laws to enforce human reports;
3. Receive complaints/applications under the Protection of Human Rights Act, 1993;
4. District wise classification of complaints, investigation police inquiry, research team,
reports and scrutiny;
5. Progress reports of the complaints;
6. Assign case number, code number and maintain proceedings of hearing of the cases in
the commission as per directions
7. Research on the various burning problems of the State.
8. Compilations of various rulings of the Hon. Supreme Court, NHRC or any competent
authority to deal with the subject of the reports of expert bodies, Commission.
9. Meetings of the State Commission.
10. Office protocol.
11. Maintenance of work of the State Commission.
12. Co-ordination work of legal branch
13. Planning work to keep the protection of human rights up to date and amendment
therein.
14. Publish various publications of the Commission
15. Registry and dispatch
16. Library books- Purchase, maintain and arrange
17. Organizing seminars, training programmes
18. Suo-motto inquiry and inspection work
19. Provide information to NGOs
20. Prepare tour programmes
21. Necessary investigation in criminal cases
2. Establishment branch (Section Officer)
1. Day to day administrative work of the State Commission.
2. Work relating to establishment of the State Commission.
3. Work relating to creation of sorts setup appointment of officer/employees of the State
Commission.
4. Work relating to services of the officer/employees of the State Commission.
5. All administrative work relating to vehicles.
6. Work relating to financial power and expenditure.
7. Maintenance and operation of the Fax, Xerox and typing work of the State
Commission.
8. Work relating to dead stock, computers and internet, GSWAN, work of telephone
arrangement work.
16
9. Leave, pay allowances of the establishment of the State Commission and service
books.
10. Personal establishment of the chairperson, members and high officials of the State
Commission.
11. Stationery, crockery, dead stock, seating arrangement, office arrangement (O & M) of
the State Commission and meetings relating to that.
12. Prepare budget and revised estimates
13. Store of the State Commission.
3. Accounts branch:
1. All work relating to cash/cheque transactions
2. Maintenance of service books
3. Prepare expenditure and accounts statements as per Accounts Rules of the
Commission and get audited by the CAG and comply para if any
4. Maintenance cashbook
5. Observe and follow the GTR and Circulars, Regulations there of
6. Reconciliation of accounts with AG and PAO
7. Finalize Pension cases of the staff/officers
8. preserve/safeguarding accounts record as per rules
Guideline/
Direction,
if any
The protection of Human Rights Act, 1993 and rules there under made by the
Government of Gujarat and regulations, instructions, circulars etc.
issued/adopted by the Gujarat State Human Rights Commission there under.
Designation of officers connected with procedure of decision making.
As per provisions of the Act and Rules and Resolution their under the State
Commission exercise its. However, through the following detaining and officials are
workings given below.
17
Manual No. 4
Norms prescribed for work.
The Gujarat State Human Rights Commission has to deal with the problems,
complaints/applications arising out of violation of the Human Rights in the State. That is
undertaken on the basis of rules, regulation and instructions and circulars from time to time under
the protection of Human Rights. At present the circular of the State Commission dtd.22/12/2006
is in force. Functions to be undertaken by officers of various categories of the State Commission
are shown in manual-3.
Moreover, under 5 (Five) Resolutions of the State Commission dated 7th September, 2010
enclosed herewith as per provisions made in the protection of Human Rights, necessary orders
have been made with mention of devolution of powers to high officials and various functions.
Copies of notifications are enclosed herewith.
18
Manual No.5
Rules, Regulations, Instructions, Manuals and records for carrying
out works.
List of Rules, Regulations, Instructions, Manuals and records to be used by the
G.S.H.R.C. or the officers and employees under its control.
Sr. No.
1
Name of Document
Brief writing on document
Source of copy
Protection of Human Rights, 1993.
Notification/Booklet
1. Gujarat State Human Rights
Commission/Legal branch.
As it is Xerox copy, at the rate of
Rs.2/- per page or as per Govt.
Notification General Administration
Department dtd.5/10/05.
Instruction of work to be undertaken
for the complaint being received in the
State
Human
Rights
Gujarat
Commission
Circular
Gujarat
State
Human
Rights
Commission,Gandhinagar
As it is Xerox copy at the rate of Rs.2/per page or as per Government
Notification General Administration
Department dated.5/10/05.
Fees to be charged for copy
2
Name of document
3
Brief writing on document
Source of copy
Fees to be charged for copy
19
Manual No.6
Categories of documents with public organization (State
Commission) or the persons under its control).
Government Documents:
2. No other information is to be shown except documents mentioned in manual.4.
3. Files of action undertaken on applications being received from applicants/complaints are
maintained in the State Commission. Information about actions taken by the State
Commission and decisions/recommendations on the said files and library of the State
Commission, co-ordination and seminar and publication work and files, establishments,
budget of the State Commission and files relating to administrative arrangement can be
obtained from the Deputy Secretary to the State Commission (Appellate Authority) and as the
information of the cases of suo motto of the State Commission remains with the Secretary to
the commission, the same may be obtained from him.
20
Manual No.7
Consultation with the members of public for policy making or
arrangement for their representation.
As per revised provision under section 21(2)(c) of the protection of Human Rights Act,
1993, one representative from public shall be appointed in the Gujarat State Human Rights
Commission by the committee appointed by the Government.
Sr.No. Subject/Point
1
Constitution of the State
Protection of Human Rights
Act, 1993 Section-21
Is it necessary to
ensure the popular
Association?
Yes
21
Arrangement for getting
popular association.
There is a provision to
appoint one representative as
a member from the public in
Constitution of the State
Commission (Section 21(2)
(c). Manual No.6
(Categories of documents
with public organization,
State Commission or
persons under its control)
Manual No.8
Board, Council, Committees and Other Organization :
1. The Gujarat State Human Rights Commission comprises the following members
(Section-21) of the Act, and it is a public authority.
(1) Chairperson: Former Chief Justice of the Gujarat High Court.
(2) Member: Hon’ble Judge of the Gujarat High Court
or
Judge of the District Judge level having experience of more than 7 (Seven) years.
(3) Member: Representative of public working as a representative of the people in the field
of Human Rights.
The committee constituted under the chairmanship of the Hon’ble Chief Minister
mentioned in the Act (Section-22) shall recommend the names of members for
appointment in the State Commission.
2. The State Government appoints as a Secretary to the Commission under Section-21 of the
Act, a high level officer eligible for appointment as a Secretary in the Administrative
Department of Sachivalaya of the Government.
3. The State Government makes appointment of a high level officer of the rank of the
Additional Director General of Police (ADGP) of the state with necessary police force for
work of the State Commission.
4. After Constitution of the State Commission, meetings of the commission have to be
convened as prescribed in rules, regulation. The State Commission, carrying our adequate
investigation of the cases regarding breach of the Human Rights, filing cases undertakes
work of recommendation/decision.
22
Manual - 9
Introduction booklet of Officers and staff
Gujarat State Human Rights Commission
Sr.
No.
Name
Designation
1
Dr. Justice J.N.Bhatt
Hon’ble Chairperson
2
Shri Sudhir Sinha
Member
3
Shri M.H.Shah
Member
4
Shri N.P.Thakar, IAS
Secretary
5
Shri Tirthraj, IPS
6
Shri K. J. Seth
Registrar
7
Dr. R.G.Joshi
Joint Secretary
8
Shri R. H. Dataniya
9
Shri J.R.Hedamba
Under Secretary
(Incharge)
Dy.S.P.
10
Shri M.R.Patel
Section Officer(L-1)
11
Shri P.M.Shah
Section Officer(L-2)
12
13
Shri R.H.Dataniya
Shri G.R.Ahir
Section Officer(L-3)
Section Officer(Est)
(Incharge)
14
Shri A. S. Roy
15
Shri D.P.Chudasma
16
Shri C.V.Darji
17
Shri A G Dave
18
Shri J M Khant
19
Shri F K Zala
20
Shri S B Vasave
Additional D.G.P.
Police Inspector
(Incharge)
Accounts Officer
P.S. to
Hon’ble Chairperson
P.S. to
Hon’ble Chairperson
P.S. to
Hon’ble Member
P.S. to
Hon’ble Member
P.S. to
Hon’ble Member
23
Office
Residence
(STD Code:079)
(STD Code:079)
232 57546
232 43066
Mobile:9978406347
232 59927
Fax:232 59929
232 57498
26858828
232 57497
Mo. 99784 06198
232 57592
232 13373
232 57634
Mo. 9978407105
9825021465
232 57547
Mo. 9978406469
232 55442
Mo. 9978406281
232 55682
94257 54455
99099 61483
079-26852224
232 57595
23226808
Mo.9978405891
079 232 57629
232 57628
Mo.9427524644
232 57629
Mo.9714515767
232 57627
Mo.9723041150
232 57629
232 57594
Mo. 9879443765
-
Mo. 9925148929
-
232 57631
Mo.9328079679
232 57546
Mobile:9427607292
232 57546
-
232 57498
232 57592
232 57592
232 60187
94284 05381
26932863
94275 99842
232 31558
9824499971PP
99138 97138
21
Shri N.T.Moradia
22
23
24
Shri M D Mistri
Smt H C Patel
Shri D B Patel
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
Shri J.S.Dataniya
Shri S.R.Shah
Smt. H.P.Anand
Shri M.K.Solanki
Shri O.I.Rathod
Shri G.R.Ahir
Shri P.N.Pandya
Vacant
Shri A.S.Roy
Shri B.D.Solanki
Shri M.V.Patel
Shri B.V.Rathod
Shri D.K.Suthar
Shri A.K.Amin
V.P.Khadiya
Shri R.D.Hadula
Shri N.K.Jadav
Shri P.D.Sathavara
Shri P.J.Valand
Shri J.D.Tadvi
Shri B.U.Parmar
Shri R.F.Belim
Shri M.J.Parmar
Shri R.K.Nai
P.S. to Secy.
P.S. to Secy.
P.S. to Addi. DGP
P.S. to Ragistrar &
Joint Secy.
Dy.Section Officer
Dy.Section Officer
Dy.Section Officer
Dy.Section Officer
Dy.Section Officer
Dy.Section Officer
Accountant
Dy, Accountant
Police sub Inspector
Police sub Inspector
Police sub Inspector
Driver
Police Constable
Police Constable
Police Constable
Police Constable
Police Constable
Police Constable
Police Constable
Peon
Peon
Peon
Peon
Peon
24
232 57547
Mobile:9427961747
232 57547
232 57592
232 57627
232 57627
232 57629
232 57630
232 57629
232 57630
23257631
23257631
232 57627
232 57629
232 57629
232 57627
232 57629
232 57629
232 57631
232 57596
232 57596
232 57596
232 57631
232 59926
23257594
23257594
23257594
94284 20905
94267 69671
-
-
Manual – 10
Monthly Remuneration of Officers and staff
Gujarat State Human Rights Commission
Sr.
No.
1
1
2
3
4
5
6
7
8
Name
2
Dr. Justice J.N.Bhatt
Shri Sudhir Sinha
Shri M.H.Shah
Shri N.P. Thaker, IAS
Shri Tirthraj, IPS
Shri K. J. Seth
Dr. R.G.Joshi
Shri R. H. Dataniya
9
10
11
12
13
Shri J.R.Hedamba
Shri M.R.Patel
Shri P.M.Shah
Shri R.H.Dataniya
Shri G.R.Ahir
14
Shri A. S. Roy
15
16
Shri D.P.Chudasma
Shri C.V.Darji
17
Shri A G Dave
18
Shri J M Khant
19
Shri F K Zala
20
Shri S B Vasave
21
22
23
24
Shri N.T.Moradia
Shri M. D. Mistri
Smt H. C. Patel
Shri D. B. Patel
25
26
27
28
29
30
31
32
33
34
35
36
Shri J.S.Dataniya
Shri S.R.Shah
Smt. H.P.Anand
Shri M.K.Solanki
Shri O.I.Rathod
Shri G.R.Ahir
Shri P.N.Pandya
Shri A.S.Roy
Shri B.D.Solanki
Shri M.V.Patel
Shri B.V.Rathod
Shri D.K.Suthar
Designation
3
Hon’ble Chairperson
Member
Member
Secretary
Additional D.G.P.
Registrar(Law)
Joint Secretary
Under Secretary
(In charge)
Dy.S.P.
Section Officer(L-1)
Section Officer(L-2)
Section Officer(L-3)
Section Officer(Est)
(Incharge)
Police Inspector
(Incharge)
Accounts Officer
P.S. to
Hon’ble Chairperson
P.S. to
Hon’ble Chairperson
P.S. to
Hon’ble Member
P.S. to
Hon’ble Member
P.S. to
Hon’ble Member
P.S. to Secy.
P.S. to Secy.
P.S. to Addi. DGP
P.S. to Ragistrar &
Joint Secy.
Dy.Section Officer
Dy.Section Officer
Dy.Section Officer
Dy.Section Officer
Dy.Section Officer
Dy.Section Officer
Accountant
Police sub Inspector
Police sub Inspector
Police sub Inspector
Driver
Police Constable
25
Total Monthly
Emoluments
4
213540
126340
152275
159630
176656
112210
109842
55321
66309
60791
62539
55321
57659
48762
56524
16100
17226
8000
19344
55593
12000
69945
54776
70780
53437
57681
52392
43494
52872
57659
48316
48762
37571
13700
32444
22201
37
38
39
40
41
42
43
44
45
46
47
Shri A.K.Amin
Shri V.P.Khadiya
Shri R.D.Hadula
Shri N.K.Jadav
Shri P.D.Sathavara
Shri P.J.Valand
Shri J.D.Tadvi
Shri B.U.Parmar
Shri R.F.Belim
Shri M.J.Parmar
Shri R.k.Nai
Police Constable
Police Constable
Police Constable
Police Constable
Police Constable
Police Constable
Peon
Peon
Peon
Peon
Peon
24217
16591
24229
30118
25554
16591
22072
18719
27206
24326
21547
Joint Secretary,
Gujarat State Human Right Commission,
Gandhinagar.
26
Manual No.11
Information of details of Budget for various activities under various
schemes being implemented by the office.
1. There is no scheme under the State Commission and other agency under it. However, the
State Government place the required grant at the disposal of the Commission and the
Commission incur expenditure for the various functions entrusted under the Protection of
Human Rights Act, 1993.
2. The expenditure of the State Commission is audited by the Comptroller and Auditor
General of India under Section 35 of the Act.
3. The State Commission shall present annual report before the Legislative Assembly
through the State Government.
27
Manual No.12
Manner of execution of subsidy programme.
The State Commission has no any subsidized scheme or programme to be
implemented.
28
Manual No.13
Details of relief, permit or authorization.
The Gujarat State Human Rights Commission has the responsibility to function
according to the provisions of the protection of Human Rights Act, 1993.
29
Manual No.14
Information available as electronic, media
Name of
Department
The Gujarat
State Human
Rights
Commission
“State
Commission”
Details of
scheme
Protection
of Human
Rights
under the
protection
of Human
Rights
Act.1993
Name of website
Website is as
1. User
follows for
Name
state website.
1.E-mail
Commihurc@gujarat.gov.in
2. Web site :
http://
ghrc.guj.nic.in
30
Manual No.15
Details of facilities available to citizens for obtaining
Information
Name of department :
Gujarat State Human Rights
Commission, Gandhinagar, Gujarat
Notice Board
Inspection of records in the office
Methods of obtaining copies of
Documents
Available periodical manual
Equipments, methods or facilities adopted
for making information available to the
people.
Citizen charter is prepared and displayed.
Arrangement of inspection is made in the
respective branch of the State
Commission.
On making application to the concerned
in prescribed form under the Right to
Information Act, 2005.
The Protection Of Human Rights Act
1993 is available from Government Book
Depot and authorized publishers by the
Govt. Of India.
31
Manual – 16
The Names the initials and other particulars of the Public Information
Officer
Gujarat State Human Rights Commission
Sr.
No.
Public
Authority
Assistant Public
Information
Officer
Public
Information
Officer
Appellate
Authority
1
Gujarat State
Human Rights
Commission,
Near Town Hall,
Sector17,Gandhinagar
(1) shri P.M.Shah
Section Officer
(2) shri M.R.Patel
Section Officer
(3) Shri R.H.Dataniya
Section Officer
(4) G.R.Ahir
Gujarat
State Human
Rights
Commission
Shri R.H.Dataniya
(Incharge)
I/C Under
Secretary,
Gujarat State
Human Rights
Commission
Dr. R.G.Joshi
Joint Secretary,
Gujarat State
Human Rights
Commission
32
Manual No.17
Miscellaneous:
18-1
Application form for obtaining
information
Prescribed form-A is enclosed
(A)
Fees
As suggested in the Government
Notification, General Administration
Department No.GS-30-2005.VHS1005-2665-RTI Cell dtd.5/10/05.
(B)
How to make the application for
obtaining information
At the time when providing
information is refused right of
citizen and procedure to prefer
an appeal.
Tax collection by public
authority.
Form-A is enclosed with instructions.
(C)
18-2
First appeal may be field to the Secretary,
the Gujarat State Human Rights
Commission within 30 days from the date of
refusing to provide Information.
‘Nil’.
33
Manual - 18
(Orders, Circulars relating to public authority)
2.
Orders, Circulars relating to public authority. Gujarat State Human
Rights Commission.
(1) Orders dated 4-1-07, 23-5-2007, 30-5-2009 and 19-11-2010 of the State
Commission regarding ‘Public Authority’ and ‘Public Information Officer’ and
Appellate Officer are enclosed herewith in the following Appendices.
(2) Appendix-1 Details of ‘Public Authority’ and officer concerned.
34
Appendix – 1
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U]HZFT ZFßI DFGJ VlWSFZ VFIMU4
8FpGCM,GL AFH]DF\4 ;[S8Zv!*4
UF\WLGUZv#(Z_!*
TFP $v!vZ__*
SFIF",I VFN[X ov
DFlCTL VlWSFZ VlWlGID4 Z__5 VgJI[ U]HZFT ZFßI DFGJ VlWSFZ VFIMUGF GLR[ H6FJ[
, VlWSFZLVMG[ T[DGF GFD ;FD[ H6FJ[, CM¡F TZLS[ HFC[Z SZJFDF\ VFJ[ K[P
VPG\P VlWSFZLGM CM¡M
DFlCTL VlWlGID4 Z__5 VgJI[GM CM¡M
!
V[5[,[8 VlWSFZL
Z
#
;lRJzL4 U]HZFT ZFßI
DFGJ VlWSFZ VFIMU
OMG G\P Z#Z 5*5$* s8F8Ff
GFIA ;lRJzL4 U]HZFT
ZFßI DFGJ VlWSFZ VFIMU
OMG G\P Z#Z 5*5)# s8F8Ff
p5 ;lRJzL4 U]HZFT ZFßI
DFGJ VlWSFZ VFIMU
HFC[Z DFlCTL VlWSFZL
DNNGLX HFC[Z DFlCTL VlWSFZL
OMG G\P Z#Z 5*5)# s8F8Ff
sJLP ÒP J6hFZFf
p5 ;lRJ
U]HZFT ZFßI DFGJ VlWSFZ VFIMU
UF\WLGUZ
35
Declaring the office of the Gujarat State Human
Rights Commission as a ‘Public Authority’ and
appointment of the Public Information Officer
and authority for appeal under the Right to
Information Act, 2005.
Gujarat State Human Rights Commission
Office order No.RTI/2007/HRC/255/Legal,
Near Town Hall, Sector-17,
Gandhinagar
Dt.23/5/2007.
Read :
1. The Right to Information Act, 2005 published under Notification, Ministry of Law
and Justice, Government of India dtd.21/5/05.
2. Government letter General Administration Department No.VHS-1005- GOI-15ARTD-2, dt. 12/7/2005 and subsequent letters of even numbers.
3. Government circular, General Administration Department No. VHS-102005-2516ARTD-2, dt. 14/9/2005.
4. Officer order, State Commission No.HRC/102006/Establishments dtd.4/1/2007.
5. Officer order State Commission dtd.27/4/07 of even number.
OFFICE ORDER
1. The Right to Information Act, 2005 passed by the Government of India came into force
with effect from 12/10/2005 except the State of Jammu & Kashmir. Under this Act, every
department has to declare “Public Authority” offices subordinate to it and receiving
considerable funds from it. In order that the applicant may get information easily as far as
possible from the nearest place, the guidelines have been given under Government
circular dated 14-9-05 of General Administration Department to declare as a public
authority, offices from department level to taluka level as per administrative set up.
Accordingly only one state level office of the Gujarat State Human Rights Commission at
Gandhinagar is declared as “Public Authority”.
2. Under section 5 (1) (2) of this Act, it has been provided that every authority should make
appointment of the Public Information Officer and the Assistant Public Information
Officer so as to enable the applicant to obtain information under it. If information not
available through the Public Information Officer of the Public Authority or if any
objection is found, the guide lines regarding appointment of authority for first appeal to
accept appeals about that have been given under section 19(1) of the Act.
3. Accordingly, under section (1) (2) and section 19(1) of the Act, the appointments of the
following officers have been made in the office of the Gujarat State Human Rights
Commission.
(1) Appointment of Shri V. G. Vanzara, Under Secretary to the State Commission has
been made as an Assistant Information Officer.
(2) Appointment of Shri A. M. Parmar, Deputy Secretary to the State Commission has
been made as a Public Information Officer.
(3) Appointment of Shri R. L. Meena (IAS), Secretary to the State Commission has been
made as an appellate officer of the State Commission.
36
4. Duties and responsibilities of “the public Authority” are discharged as per the Right to
Information Act, 2005, namely.
(1) Each Public Authority shall make formal orders about Public Information Officer ,
Assistant Public Information Officer and the First appellate officer including details
of name, address, telephone and display on notice board of the respective office/in
citizen charter which can be clearly seen.
(2) Shall take necessary action in respect of persons seeking information and shall give
reasonable assistance in obtaining information as per provisions of the Act.
(3) Public Authority shall publish 17 types of information as mentioned in section-4 of
the Act. Compilation, publication and publicity of the separate manual in this behalf
shall be made. And for this purpose, periodical information shall be made upto date as
necessary for this purpose. Publishing booklets, folders and pamphlets, such
information shall be displayed on information counters, internet as well as on notice
boards of offices conspicuously and information shall be made easily available.
(4) Expenditure involved shall be charged to the Budget Head allotted to ‘the Public
Authority’ and debited there under.
5. In case of the Gujarat State Human Rights Commission exemption from disclosure of
information should be provided taking into account the provisions such as section 8(1)
(b), 8(1)(c), 8 (1)(g), 8(1)(h) and 8(1(i).
6. The Public Information Officer and the Assistant Public Information Officer shall
discharge their duties and responsibilities under provisions of the Act.
By order and in the name of the Gujarat State Human Rights Commission
Sd/Joint Secretary,
Gujarat State Human Rights Commission
37
DFlCTL sD[/JJFfGM VlWSFZ VlWlGIDvZ__5
V\TU"T U]HZFT ZFHI DFGJ VlWSFZ VFIMUGL
SR[ZLGL DNNGLX HFC[Z DFlCTL VlWSFZL4 HFC[Z
DFlCTL VlWSFZL T[DH 5|YD V5L, DF8[GF
;¿FlWSFZLGL lGD6}\SDF\ O[ZOFZ SZJF AFATP
U]HZFT ;ZSFZ4
U]HZFT ZFHI DFGJ VlWSFZ VFIMU4
SFIF",I VFN[X S|DF\S o VFZP8LPVF.PqZ__*qV[RVFZ;LqZ55q,LU,
8FpG CM,GL AFH]DF\4;[S8Zv!*4
UF\WLGUZ
TFP#_v5vZ__)
J\\RF6[ ,LWMov
s!f U]HZFT ZFHI DFGJ VlWSFZ VFIMUGF TFPZ#q5qZ__*GF ;DFGF\SL SFIF",I VFN[X S|DF\So
VFZP8LPVF.PZ__*qV[RVFZ;LqZ55q,LU,
SFIF",I VFN[Xov
DFlCTL sD[/JJFfGM VlWSFZ VlWlGIDvZ__5GL HF[UJF.VM VgJI[ J\RF6DF\ ,LW[, VFIMUGF TFPZ
#q5q_)GF ;DFGF\SL SFIF",I VFN[X VgJI[ VFIMUGL SR[ZLGF DNNGLX HFC[Z DFlCTL VlWSFZL4 HFC[Z DFlCTL
VlWSFZL VG[ 5|YD V5L, DF8[GF ;¿FlWSFZL TZLS[ VG]S|D[ VFIMUGF p5;lRJzL4 GFIA ;lRJzL VG[ ;lRJ
zLGL lGD6}S SZJFDF\ VFJ[, CTLP p5ZMST SFIF",I VFN[XMDF\ O[ZOFZ SZLG[ CJ[ DNNGLX HFC[Z[Z DFlCTL VlWSF
ZL TZLS[ zL V[P VFZP UDFZF4 ;[É[ÉXG VlWSFZL4 ,LU, XFBFGL4 HFC[Z[Z DFlCTL VlWSFZL TZLS[ p5 ;lRJ
zL JLP ÒP J6hFZFGL VG[ 5|Y|YD V5L, DF8[G[GF ;¿FlWSFZL TZLS[ GFIA ;lRJ zL 5LP ALPZF6FGL lGD6}S
SZJFDF VFJ[ K[P
;CLqv
;[SXG VlWSFZL4
U]HZFT ZFßI DFGJ VlWSFZ VFIMU4
UF\WLGUZP
38
DFlCTL sD[/JJFfGM VlWSFZ VlWlGIDvZ__5
V\TU"T U]HZFT ZFHI DFGJ VlWSFZ VFIMUGL
SR[ZLGL DNNGLX HFC[Z DFlCTL VlWSFZL4 HFC[Z
DFlCTL VlWSFZL T[DH 5|YD V5L, DF8[GF
;¿FlWSFZLGL lGD6}\SDF\ O[ZOFZ SZJF AFATP
J\\RF6[ ,LWMov
U]HZFT ;ZSFZ4
U]HZFT ZFHI DFGJ VlWSFZ VFIMU4
SFIF",I VFN[X S|DF\S o VFZP8LPVF.PqZ__*qV[RVFZ;LqZ55q,LU,
8FpG CM,GL AFH]DF\4;[S8Zv!*4
UF\WLGUZ
TFP!)q!!qZ_!_
!f U]HZFT ZFHI DFGJ VlWSFZ VFIMUGF TFP#_q5qZ__)GF ;DFGF\SL SFIF",I VFN[X S|DF\So
VFZP8LPVF.PZ__*qV[RVFZ;LqZ55q,LU,
SFIF",I VFN[Xov
DFlCTL sD[/JJFfGM VlWSFZ VlWlGIDvZ__5GL HF[UJF.VM VgJI[ J\RF6DF\ ,LW[, VFIMUGF TFP#
_q5q_)GF ;DFGF\SL SFIF",I VFN[X VgJI[ VFIMUGL SR[ZLGF DNNGLX HFC[Z DFlCTL VlWSFZL4 HFC[Z DFlCTL
VlWSFZL VG[ 5|YD V5L, DF8[GF ;¿FlWSFZL TZLS[ VG]S|D[ VFIMUGF ;[SXG VlWSFZLzL s,LU,P!f4p5;lRJ
zL VG[ GFIA ;lRJzLGL lGD6}S SZJFDF\ VFJ[, CTLP
p5ZMST SFIF",I VFN[XMDF\ O[ZOFZ SZLG[ CJ[ HFC[Z DFlCTL VlWSFZL TZLS[4 p5 ;lRJ zL H[PS[P 58[,
VG[ 5|YD V5L, DF8[GF ;¿FlWSFZL TZLS[ GFIA ;lRJ zL JLPÒPJ6hFZFGL lGD6}S SZJFDF\ VFJ[ K[P DNNGLX
HFC[Z DFlCTL VlWSFZL TZLS[ zL V[PVFZPUDFZF4 ;[SXG VlWSFZL s,LU,v!f GL lGD6}S IYFJT ZC[X[P
;CLqv
;[SXG VlWSFZL4
U]HZFT ZFßI DFGJ VlWSFZ VFIMU4
UF\WLGUZP
5|lT4
•
•
•
•
•
•
•
•
•
•
•
•
GFDP ZFßI5F,zLGF VU|;lRJzL4 UF\WLGUZs5+ ¹JFZFf
DFGP D]bID\+LzLGF VU|;lRJzL4 UF\WLGUZ
DFGP lJZMW51FGF G[TFzLGF V\UT ;lRJzL4 U]HZFT lJWFG;EF4 ;lRJF,I4 UF\WLGUZP
D]bI ;lRJzLGF p5;lRJzL4 ;lRJF,I4 UF\WLGUZ
SlDxGZzL4 DFlCTL VlWSFZ VFIMU4 VY"XF:+qVF\S0FXF:+ aI]ZM4 ;[S8Zv!(4 UF\WLGUZ
VlWS D]bI ;lRJzLsSPUPf4 ;FDFgI JCLJ8 lJEFU4 UF\WLGUZ
;lRJzLsJ;]TF5|f4 ;FDFgI JCLJ8 lJEFU4 UF\WLGUZ
5M,L; DCFlGN[XS VG[ D]bI 5M,L; VlWSFZLzL4 UF\WLGUZ
GFIA ;lRJzL4 U'C lJEFU4 ;lRJF,I4 UF\WLGUZ
U]HZFT ZFßI DFGJ VlWSFZ VFIMUGF TDFD VlWSFZLVMqSD"RFZLVMqXFBFVMP
;L,[S8 OF.,
GFIA ;[SXG VlWSFZLzLGL ;L,[S8 OF.,P
39
Form – A
Form of Application for seeking information
(See Rule 6) I.D. No. (For office use only)
To
The Government Information Officer
(Department, Office)
1. Name of Applicant :
2. Address :
3. Information Details :
Respective Department :
Details of Information :
Sought for
(1) Annotation of information sought for
(2) Period of information sought for
(3) Other details
3.
I state that the information sought for is not under restrictions laid under
section-6 of the Right To Information Act and as per my best knowledge it pertains to
your office.
4.
Fee of Rs.______ is deposited with the office of the complaint offer vide
No.___________ Dt.
Place
Date
Signature of Applicant
E-mail address if any
T.No.(office)
Note: 1. The Government Information Office may render proper help in
filling Form-A.
2. Form-A should be filled in all respect and it should be ensured that there should be
no ambiguity in providing details of required information.
40
Manual – 19
(Citizen Charter)
Immediate
No.HRC-2007-130-Legal,
Gujarat State Human Rights Commission,
Sector-17,Gandhinagar-382017.
Date : 7/4/07.
To,
The Section Officer,
Home Department,
Sachivalaya, Gandhinagar.
Subject : Finalization of citizen charter.
In continuation of your letter No.SKL-202005-2440-P Dtd. 5/2/07,
citizen charter of the Gujarat State Human Rights Commission has been
prepared, copy of which is enclosed herewith, which is sent for proper
action.
Sd/Under Secretary,
Gujarat State Human Rights Commission
Gandhinagar
Copy fwd.to
Section Officer (Establishment Branch), Gujarat State Human
Rights Commission, Gandhinagar for necessary action.
41
Gujarat State Human Rights Commission
Citizen charter March-2007.
1. According of the protection of Human Rights Act, 1993 made applicable by the
Central Government. Government of Gujarat has constituted the Gujarat State
Human Rights Commission and the State Commission has started functioning
from October-2006.
2. Any citizen of India may make representative in respect of violation of Human
Rights within the State of Gujarat complaint/application to the Gujarat State
Human Rights Commission. For which no fee is required to be paid.
3. Deal with the complaints/representation made by any Government office,
Police Organization, Authority, Body, Corporation or company or other body
functioning under them against violation of human Rights, the State
Commission may suo motto deal with the case and take action.
4. Representation/Complaint/Application to this Commission within one year
from the date of incident of violation.
5. The State Commission shall perform functions for excellent implementation of
Human Rights in the state and with regard to the case of the state Government
or respective authority as mentioned in the law and shall work for
recommendations, indications to State Government and high court.
6. The State Commission shall plan for publications, training programme, seminar
visits regarding the work relating to Human Rights in the State and bring
awareness in the field of Human Rights and give incentives to that and
encourage such nongovernment organizations and secure their co-operation.
42
Manual – 20
Notification
Legal Department
Sachivalaya, Gandhinagar
dated the 24-5-2002
Protection of
Human Rights
Act, 1993
No. GK/2002/16/SPC/1094/VIP/226/D: In exercise of the powers conferred by
section 30 of the Protection of Human Rights Act, 1993 (10 of 1994) the
Government of Gujarat with the concurrence of the of the Hon'ble Chief
Justice of the High Court of Gujarat, hereby specifies all the Courts of Session
of the respective districts of the State of Gujarat to be Human Rights Courts
for the purpose of providing speedy trial of offences arising out of violence of
human rights.
By order and in the name of the Governor of Gujarat,
.
V.M. Nayak
Deputy Secretary to the Government
43
Manual – 21
THE GUJARAT STATE HUMAN RIGHTS COMMISSION,
TOWN HALL, SECTOR-17.
GANDHINAGAR
DATED: 7th September, 2010
NOTIFICATON
Appointment of Secretary to the State Commission u/s Sections 27(1)(a) of the
Protection of Human Rights Act, 1993.
No. GG/11/2010/SHRC/2010/Consti/Reso/Est: Whereas the Protection of
Human Rights Act, 1993, Section 21(3) provides for a Secretary who shall be the
Chief Executive Officer of the State Commission and shall exercise powers and
discharge such functions in the State Commission as it may be delegated to him;
And whereas the State Government vide General Administration Department
Notification No. AIS/35/2010/17/G dated 6th September, 2010 has made available the
services of Shri P. N. Patel IAS (SCS:Guj:1994) for the functioning as Secretary u/s
27(1)(a) of the aforesaid Act in the State Commission. And whereas the Commission
has passed resolution No.11 dated 7th September, 2010 for this purpose.
Now, therefore, the Gujarat State Human Rights Commission appoints Shri P.
N. Patel IAS (SCS:Guj:1994) as Secretary to the Gujarat State Human Rights
Commission with effect from 7th September, 2010.
By order of Gujarat State Human Rights Commission
P. N. Patel
Secretary
44
THE GUJARAT STATE HUMAN RIGHTS COMMISSION,
TOWN HALL, SECTOR-17. GANDHINAGAR
DATED: 7th September, 2010
NOTIFICATON
The delegation of different powers to the Secretary as per section 27(2) of the Protection
of Human Rights Act, 1993, to appoint administrative, technical and scientific staff as
per need of the State Commission.
No. GG/12/2010/SHRC/2010/Consti/Reso/Est: As Shri P. N. Patel IAS
(SCS:Guj:1994) has been appointed as Secretary of the Gujarat State Human Rights
Commission u/s 27(1)(a), vide Resolution No. 11 dated 7th September, 2010. And
whereas the Gujarat State Human Rights Commission has decide to delegate him the
powers given below by the resolution No.12. Therefore the Commission hereby
delegates to him the powers under section 27(2) on behalf of the State Commission to
appoint such other administrative, technical and scientific staff as per needs of the
State Commission.
By order of the Gujarat State Human Rights Commission,
P. N. Patel
Secretary
45
THE GUJARAT STATE HUMAN RIGHTS COMMISSION,
TOWN HALL, SECTOR-17. GANDHINAGAR
DATED: 7th September, 2010
NOTIFICATON
The general delegation of different powers to Secretary to take action under various
Sections of the Protection of Human Rights Act, 1993.
No. GG/13/2010/SHRC/2010/Consti/Reso/Est: Whereas Shri P. N. Patel IAS
(SCS:Guj:1994) has been appointed as Secretary of the Gujarat State Human Rights
Commission u/s 27(1)(a), and whereas the Gujarat State Human Rights Commission
has decided to delegate him the powers given below by the resolution No. 13.
Therefore the Gujarat State Human Rights Commission hereby delegates the
following powers to him.
1. All administrative and financial powers as the Heads of the Department are
hereby conferred on Shri P. N. Patel IAS (SCS:Guj:1994) , Secretary, Gujarat
State Human Rights Commission for smooth administrative and financial
functioning by the State Commission.
2. To take follow up actions on the cases admitted by the State Commission under
section 29 read with provision as per the Sections 9,10,12,13,14,15,16,17 and
18 as modified manner applicable to the State Commission and except those
powers which are to be exercised by the State Government, the Chairperson,
the Members and by the State Commission as a Civil Court.
3. The Commission authorizes Shri P. N. Patel IAS (SCS:Guj:1994) Secretary,
Gujarat State Human Rights Commission to take action, to make
correspondence etc. on behalf of State Commission with the National Human
Rights Commission, Government of India, Government of Gujarat and all
concerned authorities in pursuance of the activities of the State Commission.
By order of the Gujarat State Human Rights Commission,
P. N. Patel
Secretary
46
THE GUJARAT STATE HUMAN RIGHTS COMMISSION,
TOWN HALL, SECTOR-17.
GANDHINAGAR
DATED: 7th September, 2010
NOTIFICATON
Appointment of Addl. DGP to the State Commission u/s 27(1)(b) of the Protection of
Human Rights Act, 1993.
No. GG/14/2010/SHRC/2010/Consti/Reso/Est: Whereas the State Government
vide Home Department Notification No. IPS/102010/2590/B dated 31-8-2010 has
made available the services of Shri S. K. Saikia IPS, (RR:Guj:1977) for functioning as
Addl. DGP under Section- 27(1)(b), in the State Commission and whereas the
Commission has passed Resolution No.14 dated 7th September, 2010 for this purpose.
Therefore, the Gujarat State Human Rights Commission appoints Shri S. K.
Saikia IPS, (RR:Guj:1977) as Addl. DGP to the Gujarat State Human Rights
Commission with effect from 7th September, 2010. He shall exercise functions of
investigations by availing of services of other Police Officials and Police Staff made
available to the State Commission for the efficient performance of the State
Commission.
By order of the Gujarat State Human Rights Commission,
P. N. Patel
Secretary
47
THE GUJARAT STATE HUMAN RIGHTS COMMISSION,
TOWN HALL, SECTOR-17.
GANDHINAGAR
DATED: 7th September, 2010
NOTIFICATON
The delegation of different powers to the Addl. DGP which may empower him to take
help of State investigation machinery.
No. GG/15/2010/SHRC/2010/Consti/Reso/Est: Whereas Shri S. K. Saikia IPS,
(RR:Guj:1977) has been appointed for the functioning as the Addl. DGP under
Section- 27(1)(b), of Protection of Human Rights Act, 1993 in the Gujarat State
Human Rights Commission and whereas the Gujarat State Human Rights Commission
has decided to delegate him the powers given below by the resolution No.15 dated 7th
September, 2010.
The Gujarat State Human Rights Commission hereby authorizes Shri S. K.
Saikia IPS, Addl. DGP with power to seek all necessary assistance form the State
Police infrastructure for cases of Gujarat State Human Rights Commission and all
concerned authorities in pursuance of the investigation activities of the State
Commission.
By order of the Gujarat State Human Rights Commission,
P. N. Patel
Secretary
48
Dry.
Sfttdmati
n"4 gjfta$sn
Jtsnln
W-382020-
quctlttt o(gr4aruL
llt
/l
/rt
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? 1 l,iv Z0lf
WARRANT
By virtue of powers vested in me by Section2} of the Protection
of
I, Dr. Shrimati Kamla, the Governor of
Gujarat, after obtaining the recommendation of the Committee
Human Rights Act,
1993,
consisting of (a) the Chief Minister as the Chairperson; (b) Speaker
of the Legislative Assembly; and (c) Leader of Opposition in
the
of
the
Legislative Assembly; and (d) the Minister
in
charge
of Home, do hereby appoint Shd Sudhir Sinha"
IPS(Retd.) as the non-judicial member in the Guiarat State
Department
Human Rights Commission, for a term of five years from the
date
on which he enters upon his office.
Given at Raj Bhavan, Gandhinagar, this
the year 2011.
21"
day of November in
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WARRANT
lly
vir-tue of powers vested in me by section 22 of the Protection
of Human
Act, lgg3 I, Dr. Shrimati Kamla, Govemor of Gujarat, after
(A)The
obtaining the recommendation of the Committee consisting of
Chief Minister as the Chairperson; (B) Speaker of the Legislative
and
Assembly; (C) Leader of Opposition in the Legislative Assembly;
Rights
(D) -fhe Minister in charge of the Department of Home do hereby appoint
Sessions
retired Justice Shri Mahendrakumar H. Shah, fbrmer District &
of the Guiarat State Human Rights
fbr a period of five years or upto the age of 70 years
Judge, Navsari as the member
Clommission
his
wfiichever is earlier with eft-ect from the date he assumes the charge of
offlce.
(iiven at Raj Bhavan, Gandhinagar this I't day of April in the year 2013'
_ :ryrv\
--
[Dr. Shrimati Kamla]
Governor of Gujarat.
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I r Ll , tJ
HOME DEPARTMENT
'lr
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1
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NOTIFICATION
t
J
Sachivaloyd, Gandhinag?r,
Dated: 2nd April ;20!3
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Home DeparLment's Notif ication 1""
No. GGl 52 / 2006 / LO94 / eOt-1 (par.r-II) N, Dared L2'"
,Ju1y ,2006 .
Her Excellency Governor of Gujarat , R.aj Bhavan,
1. Govt-
Gandhinagar' s Warrant dated f/ 4/20l-3
-]1^PPOINTMENT
.
OF MEMBER. OF GUJARAT STATE HUI{,A],I RfcHTS COMMISSION.
- Govt. of Gujarat has
constituted State Human RighLs Commission vide Not.ification
dated LzEh Ju1y,2006, under Section 2L of the protection of
Humen Rights Act, 1993. Her Excellency, Governor of Gujarat
has approved the appointment, of Member of this Commission
by Wai:rant dated 1't April ,2O]3 of Hon.Retired. .fustice Mr,
principal District
Mahertdrakumar H. shah, Former
&
sessions Judge, Navasari as a Member of the Gujarat state
Human Rights commission by vj-rtue of powers, vested in under
Section 22 of the Protection of Human Right.s Act, 1,993
for a period of five years or upto the age of attaining 70
years by Justice Mr. Mahendrakumar H. shah whichever is
earl-ier with effect from the date he assumes the charqe of
iris of f ice.
No.GGl20/3HRC/I22o/536050/HR:
,
By ord.er and in the name of the Governor of Gujarat,
f)
).
/v-'
b)=^o-'
(Dr .'S . K. NANDA)
Additional Chief Secretary to
Government
Copy to:
To:
*1.
The Secretary to Governor, Raj Bhavan, Gandhinagar.
2. The Principal Secretary
Chief Minister, Secretariat,
::
Gandhinagar.
^dcrt w\f"\
.g\\\\3
i
.2.
.
Vidhan Sabha'
*3.personal Secretary to the Hon'speaker'
SachivaL dYd, Gandhinagar
of the opposition Party'
4. Personal Secretary to l'eader
VidhanSabha,sactriva}aya,Gandhinagar'
Ministers / wtinisters of
5. r)ersonal secretaries t'o allState, Sachivalaya' Gandlrinagar' Speaker' Vidhan Sabha'
*6.Personal secretary to the Hon'
SachivalaYa, Gandhinagar'
Gandhinagar '
'l . Secretrary, l'egal Department ' SachivaldY& '
Comrnission'
*B.The Registrar, Natj-onal Human Rights Del-hi-110 001'
New
Faridkot House, copernicus Marg,
Government of
*9.'rhe Secretary , MinisttyJ"t Uoiie Affairs '
India, New De1hi '
*l0.JusticeShriM'H'Shah'Retired'fusticeDistrictJudge
ari- 396445, Dist ' Navasari '
iona . AdvocaLe Generar'
-
bad
ervir:e Commission' Ahmedabad
ommission, Gandhinagar'
arat High Court'
Ahmedabad
'
15.'rhe secretary'
Gujarat Civil- Se'rvi'ce Tribunal-'
-^^L^v .16
General of PoIice'
Inspector
&
General
Director
16.The
eral of Polj-ce & InsPector
ate, Ahrmedabad '
vil flervice Tribunal '
Ahrnedabad'
Ahmedabad
'
Rajirot/Ahmedabad'
19. The Account General Gujarat'
Gandhinagar/etimedabad'
20. Pay & A;;;unts ofticerl of Departn'ents
Sachivalaya '
'
i\cs/PS/Secretariat
AII
21.
te Hum;,n RightS commission',
arr
- You are requestedoftoGuiar
apPtoPrilte Part
co
Gazette and sr-TPPIY 100
24. Select file '
* By letter.
'
.
(-,
S'v-{'\-l t
NO'ilF'tCA-t'tON
I
lclnre Departnrent
Saclr i valaya. Gand
lr
i
nagar.
Date:171712014.
l'rolccliort
No: GJl62l70l4lCllRCl-1220121359/lllt:-ln cxercise of the powers conf'erred
()l' llrnrran
scction
l{ rglr ts
4,cts. 199J.
1994)" thc Governnrent of Gujarat hereby makes thc
I
4l
rcad with scction 26 of the Protection
of lluman Rights Act.
1993
by
( l0 of
following rules, namely;-
SIIOR'I' T'l'l-LE AND COMMENCEMENT:- These rules may
hre
called the
Gujarat State l'{uman Rights Commission Chairperson and Members (Salaries.
Allowances and other Conditions olService) Rules, 2014.
2,
DEF-lNlTlONS ;-(
(a)
(b)
l;
in these rules. unless the context otherwise requires:--
"Act" mcans the Prorection of Human Rights Act. !993. ( l0
ot- 1994):
of the Commission
appointed
"Chairpcrson" means the Chairpcrson
under section 22 of the Act;
(c)
"Commission" means the Cujarat State Human Rights Commission
constituted under sub section
(d)
(I)
"Member" rneans the Member
of section 2l of the Actt
of the Commission appointed
under
section 22 olthe nct.
(2)
Words and expressions used but not defined in these rules shall
have the same meaning as assigned to them in the Act.
3.
SAI".ARY;-Therc shall be paid to:(|
)
(i)
the Chairperson, the salary and allowances equal to the salary
and allowances
of
the Chief Justice of a High Court as per rhe
High Court Judges (Salaries and Conditions of Service) Act.
1954 as amended from time to time;
'
(ii)
a Membcr, the salary and allowances equal ro the salary
and
of a High Courl as per the l-ligh Court
Judges (Salaries and Conditions of Service) Acr, !954 as
allowances a Judge
anrended from time to time:
Provided that. if the Chairperson or a Member ar the time of his
appointment is in receipt of or eligible to receive any pension and has
elected to draw or receive the pension (other than disability or wound
pension). in respect of any previous service under the Government
of
LJnion or of a State, his salary in respect of service as a chairperson or"
as the case may be. a Member, shall be reduced:
\-'
(a)
by thc antount ofthat pension;
(b)
if hc had. belore resurning office. received in lieu of portion of pcnsion
due to hirn in respect of such previous servicc. the commutcd varuc
(c,
thcrcof'by rhe amount of that portion of the pcnsion, and
by any other form of retirement,bgn.6,t. bcing drawn or availed of
or to
be drawn or availed of bv him.
LEn VE t-(
l)
The chairperson or the Member shall be entitled to leave as
follows:
(i)
Earned leave @ thirty days for every compreted calendar year
ol'service tlr a part thereo{;
(ii)
Half pay lcave on medicar ce(ificate or on privare affairs
@
rwenty days in respect of in each completed year of service and
the leave salary for half pay reave shall be equivalcnt to the half
pay leave salary admissible during the earned leave;
(iii)
Leave on half pay can be commuted to full pay lcave at the
discretion of the chairperson or a Member.
if it is taken on the
Medical ground and is supported by a Medical certificate from
rhe competent Medical Authority;
(iv)
Extraordinary leave without pay and allowances up
ro
a
maximum of one hundred eighty days in one term of office.
(2)
'
on the cxpiry of his term of office in the State commission,
thc
Chairperson and a Member shall be entitled to receive cash equivalcnt
to leave salary in respcct of earned leave standing to theircredit subject
to the condition that the maximum leave encashed under this sub-rule
or at the time of rctirement from previous service, as the case may be,
or taken together shall not in any case exceed 300 days.
(3)
The Chairperson and the Member shall be entitlcd to receive dearness
allowance as admissible on the leave sarary under sub-rule (2) at the
rates in force on the date
of the relinquishment of their office in the
Commission:
Provided that they shall not be entitled to
city compensatory
Allowancc/compcnsatory Local Allowance or any other allowances
on such leave.
(t
39\.r-tts-'
ntil'lloRl'l'Y ('oMPlrl-lrNl'1'O (;l{AN',l l.l:AVI:,:--l-hc
Porver
to grant or
rcfusc
lcave granted to hiln
leave to thc Charrpcrs()ll ()r a Mctltbcr atltl ttl rcvttkc or curtail
sirall vcst in thc (ltlvcrnor'
't'RAVlll.lN(, Al-t,owANCl,lS;-
1-hc Chairpcrson and
the Member. while on tour
(rnclucling thclourney undertaken to join the Conrtnission or on the expiry of his terrn
rvith the Cornmissitln, to proceed to his home town ) shall be entitled to Travel
and
ailgrvanccs. Allowances tbr Transportation of personal ef-fects, daily allowances
to a
r,rtlrcr similar bencllts at the same scales and at the same rates as are adrnissible
Chie f'Justice
and Judge of t{igh Court' respectively'
oTHUIt ]'ERMS AND CONDITIONS;- The conditions of service, benefits
and
facilitics of the Chairperson and the Member forwhich no provision is made in these
rules. such as entitlement of the rent free accommodation, leave travel concession'
conveyance allowances. electricity and water charges, telcphone charges. newspapcrs
and magazine charges, facility of residential attendants, facility of me.dical treatment,
sumpruary allowanccs, compcnsatory allowance. security. computers . etc., the salne
shall be ar the same scales and at the sarne rates as are admissible to the Chief Justice
and the Judge of lJigh Court ,respectively.
8
ITOWER 'l'O RDLAX RULES;- The State Government shall have the power to rclax
any provision of these rules and to remove any
difficulty arising in its implementation
or intcrpretation,,
9
OPTION F-OR TEI{MS AND CONDITIONS:Ir shall be open fbr the Chairperson or the Memberto elect any one of the following
twt-r options to
(i)
namcly, :-
l'he terms and conditions prescribed under the notification issued prior to
the
commencement of these rules and in force at the time appointment. or
(ii)
the tcrms and conditions prescribed under these Rules"
By order and in the name of the Governor of Gujarat,
e,othllIP.M.JOSTIIYARA)
Under Secretary to Government
Home Department
l.
2.
'l o:
T'he Principal Secretary to Governor, Raj Bhavan, Gandhinagar. '
The Principal Secretary to Chief Minister, Sachivalaya, Gandhinagar.
to
of the Opposition Party, Vidhan
l.
Personal Secretary
Candhinagar. *
q
T'hc PSs to all Minister / Ministers of State, Sachivalaya, Gandhinagar.
l-he Sccretary. Legal Department, Sachivalaya. Gandhinagar.
5
Leader
Sabha. Sachivala-va,
a
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6
7
8
tt
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ll
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l-lre l(cgistrar. National llurnan t{ights comrnission,New Delhi.
l'hc SccrcLarl' . Ministry of llorne Aflairs. Covernmenr of India. New Delhi *
l-lrc Advocate General, Gujarat tligh C<lurt, Ahmcdabad. *
I'hc Additional Advocarc Gcneral. Gu.;arat Iligh cou(. Ahmedabacl.*
l'hc Sccrcrary. cujara( Public Service cornmission, Ahmedabad.
"
l'hc Sccrerary. cu.iarat [.egislaturc Sccretariat, Gandhinagar. *
l hc Sccrctary. Vigilancc Comrnission. Gandhinagar. *
l'he l{cgisrrar Gencral. Gularar lligh Court, Ahmcdabad. *
I'lrc I)irector Gcneral & lnspector General of Policc, Gujarar Statc. Gandhinagar-
l-hc Additional Director Gencral
of ['olice &
Inspector General (prison) (iujarat State"
Alrnrctiubad.
l-hc Sccrcrary. Cujarar Civil Servrce Tribunal, Gandhinagar.
'l'hc Sccretaryto the
Speakcr, Gujarat Legislature Secretariat. (iandhinagar. *
l'hc Account Ccncral Qujarat, Ahmedabad.
l'he Accourrt Ceneral Gu.;arat. Rajkot.
I'lrc l)uy & Accounts Of llcer, Gandhinagar.
1-hc Managcr. Covernment Central Press. Gandhinagar. With request to publish this
notillcation in Govt. Gazette and send 100 printed copies of this notification to this deptt. *
l'hc Assistant Draltsrnan. Translation Unit, Legislative and Parliamentary with request to
translrte this Notification into Cujarati and arrange to publish the same in the appropriate parr
ol'Ciularat Governmcnt E.xtraordinary Gazette and supply 100 copies of to this departmenr.
All l)cpartnrents of the Sccretariat- Sachivalaya, Gandhinagar.
All []ranchcs of l-{onrc Dcpanment, Sachivalaya, Gandhinagar.
I hc: Sclccl file.
Do No.GHR/201 l/568517/HR
.a
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r/
GOVERIYMENT OF GUJARAT
Dr.Varesh Sinha,IAS
Addl.Chief Secretary
Home Department
Block No.2, ltt Floor
Sach ivaf aya, Gan dhin agar-3820 l0
T eL.2325 0 5 0 5, F ax:2325 0 5 0 I
2l
tt
November,2Ol I
Dear Sudhir Sinha,
His Excellency the Governor of Gujarat is pleased to appoint you
as
the Member of Gujarat State Human Rights Commission. The Warant in
original issued in this regard on 21't November,Z}ll by Raj Bhavan,
Gandhinagar, Gujarat is enclosed herewith.
With regards,
Yours sincerely,
Encl. as above.
To,
Shri Sudhir Sinha, IPS (Retired)
Bunglow No.l5,
Judges Bunglow,Bodakdev,
AHMEDABAD.
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