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Thursday, March 25, 2010

Polity notes-2

Child Labour Act from 10th October

Children were banned from working in factories, mines and other hazardous occupations under the Child Labour Act, 1986.

However with effect from 10th October 2006, the amendment of the provisions of the Child Labour (Prohibition and regulation) Act, 1986 it has extended the ban on employment of children below the age of 14 years in the areas of
  • domestic help and in dhabas,
  • restaurants, hotels, and the hospitality sectors.
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Comptroller and Auditor-General of India

Article: 148.

Comptroller and Auditor-General of India
(1) There shall be a Comptroller and Auditor-General of India who shall be appointed by the President by warrant under his hand and seal and shall only be removed from office in like manner and on like grounds as a Judge of the Supreme Court.
(2) Every person appointed to be the Comptroller and Auditor-General of India shall, before he enters upon his office, make and subscribe before the President or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.
(3) The salary and other conditions of service of the Comptroller and Auditor-General shall be such as may be determined by Parliament by law and, until they are so determined, shall be as specified in the Second Schedule:
Provided that neither the salary of a Comptroller and Auditor-General nor his rights in respect of leave of absence, pension or age of retirement shall be varied to his disadvantage after his appointment.
(4) The Comptroller and Auditor-General shall not be eligible for further office either under the Government of India or under the Government of any State after he has ceased to hold his office.
(5) Subject to the provisions of this Constitution and of any law made by parliament, the conditions of service of persons serving in the Indian Audit and Accounts Department and the administrative powers of the Comptroller and Auditor-General shall be such as may be prescribed by rules made by the President after consultation with the Comptroller and Auditor-General.
(6) The administrative expenses of the office of the Comptroller and Auditor-General including all salaries, allowances and pensions payable to or in respect of persons serving in that office, shall be charged upon the Consolidated Fund of India.


149.

Duties and Powers of the Comptroller and Auditor-General

The Comptroller and Auditor-General shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States and of any other authority or body as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States as were conferred on or exercisable by the Auditor-General of India immediately before the commencement of this Constitution in relation to the accounts of the Dominion of India and of the provinces respectively.


150.
Form of accounts of the Union and of the States

The accounts of the Union and of the States shall be kept in such form as the President may, on the advice of the Comptroller and Auditor-General of India, prescribe.


151.
Audit Reports

(1) The reports of the Comptroller and Auditor-General of India relating to the accounts of the Union shall be submitted to the president, who shall cause them to be laid before each House of Parliament.
(2) The reports of the Comptroller and Auditor-General of India relating to the accounts of a State shall be submitted to the Governor of the State, who shall cause them to be laid before the Legislature of the State.


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Constitutional Sttings Of Upsc

CONSTITUTIONAL STTINGS OF UPSC


The Federal Public Service Commission or Union public service commission which is officially and popularly called as(UPSC) and also a constitutional body in India to conduct examinations for appointment to the services of the Union. The Indian Constitution (Part XIV - Services Under the Union and the states - article no. 315 to 323) provides for a Public Service Commission for the union and a Public Service Commission for each state. Indianisation of the superior Civil Services became one of the major demands of the political movement compelling the British Indian Government to consider setting up of a Public Service Commission for recruitment to its services in the territory. The first Public Service Commission was set up on October 1st, 1926. However, its limited advisory functions failed to satisfy the people’s aspirations and the continued stress on this aspect by the leaders of our freedom movement resulted in the setting up of the Federal Public Service Commission under the Government of India Act 1935. Under this Act, for the first time, provision was also made for the formation of Public Service Commissions at the provincial level.

The Union Public Service Commission if requested by the Governor of a State, may, with the approval of the President work for the State.


MEMBERS

The Chairman and other members of the UPSC (Union Public Service Commission) are appointed by the President of India. At least half of the members of the Commission are Civil Servants (working or retired) with minimum ten years of experience either in Central or State service.

Every member holds office for a term of six years or until he attains the age of sixty-five years, whichever is earlier.

He can submit his resignation at any time to the President of India. He may be removed from his office by the President of India on the ground of misbehaviour or if he is adjudged insolvent, or engages during his term of office in any paid employment outside the duties of his office, or in the opinion of the President unfit to continue in office by reason of infirmity of mind or body.

As of January 2008, the commission is headed by Shri Subir Dutta, who held the posts of Joint Secretary, Ministry of Home Affairs and Secretary to the UPSC prior to his current position.

In addition to the chairman there are ten other members.

FUNCTIONS


Functions of the UPSC are to conduct examinations for appointment to the services of the Union.

1. Recruitment to services & posts under the Union through conduct of competitive examinations;
2. Recruitment to services & posts under the Central Government by selection through Interviews;
3. Advising on the suitability of officers for appointment on promotion as well as transfer-on-deputation;
4. Advising the Government on all matters relating to methods of Recruitment to various services and posts;
5. Disciplinary cases relating to different civil services; and
6. Miscellaneous matters relating to grant of extra ordinary pensions, reimbursement of legal expenses etc.

RECRUITMENT RULES

In accordance with the provisions contained in Article 320 of the Constitution read with the provisions of Union Public Service Commission (Exemption from Consultation) Regulations 1958, Recruitment Rules of all Group ‘A’ and Group ‘B" posts in various Ministries/Departments of Government of India are required to be framed in Consultation with the Commission. Consultation with the Commission is also necessary for framing/amending Recruitment Rules for certain categories of posts under the Employees State Insurance Corporation, The Delhi Municipal Corporation, The New Delhi Municipal Council, Employees Provident Fund Organisation etc. under the relevant Acts made by Parliament in pursuance of the provisions of Article 321.The UPSC annually submits a report of its work to the President of India.



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Corruption: no prior sanction for procecution of public servants

Supreme Court on 6th December held that no prior sanction from the competent authority was required to prosecute a public servant, including present and former ministers, in corruption cases.

They held that accepting a bribe or illegal gratification would not amount to discharge of official duty.

The word 'Official Duty' under section 197 of Cr.PC Act implies that in the omission or act done by public servants in the course of his service and that is should have been in the discharge of his official duty a prior sanction is required to be taken.


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Countries with Parliamentary system of Government

Countries of Unicameral Parliament
1.Albania--Kuvendi
2.Bangladesh--Jatiyo Sangshad
3.Bulgaria--National Assembly
4.Burkina Faso--National Assembly
5.Croatia--Sabor
6.Denmark--Folketing
7.Dominica--House of Assembly
8.Estonia--Riigikogu
9.Finland--Eduskunta
10.Greece--Hellenic Parliament
11.Hungary--National Assembly
12.Iceland--Althing
13.Israel--Knesset
14.Kurdistan Region--Kurdistan National Assembly
15.Latvia--Saeima
16.Lithuania--Seimas
17.Malta--House of Representatives
18.Moldova--Parliament
19.Mongolia--State Great Khural
20.Montenegro--Parliament
21.New Zealand--Parliament
22.Norway*--Storting
23.Palestinian Authority--Parliament
24.Papua New Guinea--National Parliament
25.Portugal--Assembly of the Republic
26.Saint Kitts and Nevis--National Assembly
27.Saint Vincent and the Grenadines--House of Assembly
28.Samoa--Fono
29.Serbia--National Assembly
30.Singapore--Parliament
31.Slovakia--National Council
32.Sweden--Riksdag
33.Turkey--Grand National Assembly
34.Ukraine--Verhovna Rada
35.Vanuatu--Parliament

Countries of Bicameral Parliament
1.Australia-Parliament--Senate--House of Representatives
2.Austria-Parliament--Federal Council--National Council
3.Antigua and Barbuda-Parliament--Senate--House of Representatives
4.The Bahamas-Parliament--Senate--House of Assembly
5.Barbados-Parliament--Senate--House of Assmebly
6.Belize--National Assembly--Senate--House of Representatives
7.Belgium-Federal Parliament--Senate--Chamber of Representatives
8.Bhutan-Parliament (Chitshog)--Bhutan will become a Democratic
Constitutional Monarchy in 2008--National Council (Gyalyong Tshogde)--
National Assembly (Gyalyong Tshogdu)
9.Canada-Parliament--Senate--House of Commons
10.Czech Republic-Parliament--Senate--Chamber of Deputies
11.Ethiopia-Federal Parliamentary Assembly--House of Federation--
House of People's Representatives
12.Germany--Bundesrat (Federal Council)--Bundestag (Federal Diet)
13.Grenada-Parliament--Senate--House of Representatives
14.India-Parliament--Rajya Sabha (Council of States)--Lok Sabha (House of People)
15.Ireland-Oireachtas--Seanad Éireann--Dáil Éireann
16.Iraq-National Assembly--Council of Union [2]--Council of Representatives
17.Italy-Parliament--Senate of the Republic--Chamber of Deputies
18.Jamaica-Parliament--Senate--House of Representatives
19.Japan-Diet--House of Councillors--House of Representatives
20.Malaysia-Parliament--Dewan Negara--Dewan Rakyat
21.The Netherlands-States-General--Eerste Kamer--Tweede Kamer
22.Pakistan-Majlis-e-Shoora--Senate--National Assembly
23.Poland-Parliament--Senate--Sejm
24.Romania-Parliament--Senate--Chamber of Deputies
25.Saint Lucia-Parliament--Senate--House of Assembly
26.Slovenia-Parliament--National Council--National Assembly
27.South Africa-Parliament--National Council of Provinces--National Assembly
28.Spain-Cortes Generales--Senate--Congress of Deputies
29.Switzerland-Federal Assembly--Council of States--National Council
30.Thailand-National Assembly [3]--Senate--House of Representatives
31.Trinidad and Tobago-Parliament--Senate--House of Representatives
32.United Kingdom-Parliament--House of Lords--House of Common







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