Fatafat sunvai at High Court

Number of cases cleared this year is more than the cases filed; annual vacation reduced by a week

NEED FOR SPEED: Bombay High Court Chief Justice Swatanter Kumar at his chamber. FILE PIC

Clearance of pending cases is at the top of Bombay High Court Chief Justice Swatanter Kumar’s priorities. Justice Kumar’s special drives in 2007 ensured that 19,289 more cases were cleared in 2007, compared to the previous year. In 2008, till date, the disposal rate has surpassed the number of cases being filed.

“The chief justice had undertaken a special drive last year where pending cases were disposed of. Constitution of extra division benches has effectively distributed the workload of petitions to five judges instead of two,” said an official. This year’s court vacation will also see more ‘Vacation Judges’ hearing matters for urgent disposals.

The high court has also reduced seven days from the annual vacation to make up for working days lost to public holidays. In the coming week too, the court will lose two working days on account of public holidays.

Earlier this year, the court missed a few Thursdays to government holidays. Since important petitions, including PILs, are heard on Thursdays, it has resulted in a sizeable accumulation of petitions. “The court officially needs to complete 210 working days in a year. Usually, most public holidays and festivals fall on weekends, which are regular court offs. This year, we have lost a number of weekdays. In 2008,

March and August have the maximum public holidays,” said Registrar General of the high court R P Sondurbaldota.

Lawyers, meanwhile, are displeased with the idea of a shorter vacation. “Vacations are a necessity and not a luxury these days,” said a senior advocate.

In numbers
Disposals in 2006: 1,11,276 cases
Disposals in 2007: 1,30,565 cases
Increase in one year: 19,289 cases

Increased rates of disposals
Bombay bench: 60.63%
Nagpur bench:     45.04%
Aurangabad bench: 45%

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PARTS

PART I THE UNION AND ITS TERRITORY Art.( 1-4 )
PART II CITIZENSHIP Art.( 5-11 )
PART III FUNDAMENTAL RIGHTS Art.( 12-35 )
PART IV DIRECTIVE PRINCIPLES OF STATE POLICY Art.( 36-51 )
PART IVA FUNDAMENTAL DUTIES Art.( 51A )
PART V THE UNION Art.( 52-151 )
PART VI THE STATES Art.( 152-237 )
PART VII THE STATES IN PART B OF THE FIRST SCHEDULE Art.( 238 )
PART VIII THE UNION TERRITORIES Art.( 239-243 )
PART IX PANCHAYATS Art.( 243-243zg )
PART IXA MUNICIPALITIES Art.( 243-243zg )
PART X THE SCHEDULED AND TRIBAL AREAS Art.( 244-244A )
PART XI RELATIONS BETWEEN THE UNION AND THE STATES Art.( 245-263 )
PART XII FINANCE, PROPERTY, CONTRACTS AND SUITS Art.( 264-300A )
PART XIII TRADE,COMMERCE AND INTERCOURSE WITHIN THE TERRITORY OF INDIA Art.( 301-307 )
PART XIV SERVICES UNDER THE UNION AND THE STATES Art.( 308-323 )
PART XIVA TRIBUNALS Art.( 323A-323B )
PART XV ELECTIONS Art.( 324-329A )
PART XVI SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES Art.( 330-342 )
PART XVII OFFICIAL LANGUAGE Art.( 343-351 )
PART XVIII EMERGENCY PROVISIONS Art.( 352-360 )
PART XIX MISCELLANEOUS Art.( 361-367 )
PART XX AMENDMENT OF THE CONSTITUTION Art.( 368 )
PART XXI TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS Art.( 369-392 )
PART XXII SHORT TITLE,COMMENCEMENT,AUTHORITATIVE TEXT IN HINDI AND REPEALS Art.( 393-395 )

RAJIV GANDHI NATIONAL CRÈCHE SCHEME FOR THE CHILDREN OF WORKING MOTHERS.

I
INTRODUCTION
With increased opportunities for employment for women and the need to
supplement household income more and more women are entering the job
market. With the breaking up of joint family system and the increased
phenomenon of nuclear families, working women need support in terms of
quality, substitute, care for their young children while they are at work. There has,
however, been very slow growth of Crèche/ Daycare facilities, resulting in failure
to meet the needs of working mothers in terms of extent, content and quality of
services. Crèche and Daycare Services are not only required by working mothers
but also women belonging to poor families, who require support and relief from
childcare as they struggle to cope with burden of activities, within and outside the
home. Effective day care for young children is essential and a cost effective
investment as it provides support to both the mothers and young children. It is
also a protection measure as it addresses issues such as child labour, school
drop outs , child prostitution, out reach for medical and health programme female
literacy etc., Hence, there is an urgent need for improved quality and reach of
child day care services for working women among all socio-economic groups in
both in the organized and unorganised sectors.
The need for child care services has been emphasized in the National
Policy for Children , 1994, National Policy for Education, 1986 and National
Policy for Empowerment of Women , 2001 and the National Plan of Action for
Children, 2005. The Parliamentary Standing Committee on demand for grants
for the year 2002-03 has also pointed out that all sections of the society should
be allowed to avail the services of the creches. Labour Legislations also contain
provisions for child care facilities for women workers. The National Common
Minimum Programme also emphasises enhancement of child care and
development services in the future. Thus there is need for an expanded and
effective scheme for childcare facilities.
I
I. PHYSICAL INFRASTRUCTURE AND SERVICE DELIVERY
A crèche centre must have a minimum space of 6-8 sq. ft. per child to
ensure that they can play, rest, and learn without any hindrance. The Centre
should be clean, well lighted with adequate ventilation. A fan should also be
installed in the Centre where electricity supply is available. The centre must
have clean toilet and sanitation facility that caters to the needs of small children.
There should be adequate safe play area outside the Centre also. Within the
Centre, there should be sleeping facilities for children, i.e. mattresses, cradles,
cots, pillows and basic infrastructure to meet the requirement of the children.
Essential play material and teaching and learning material must be available to
meet the needs of pre-school children. The cooking area must be located at the
place which is away from the activity area of the children to avoid accidents.
Basic cooking equipment like stove, gas cylinder or the traditional chulhas must
be available and safely placed. Attendance Register must be maintained at
every Centre, duly filled up. It should be available for inspection at any time
during the working hours of the crèche centers.
I
mplementing Agencies and the Crèche Workers must ensure linkages
with the local Primary Health Centre or sub-Primary Health Centre in the area.
They should also have a tie-up with the nearby anaganwadi centres and its
workers for health care inputs like immunization, polio drops, basic health
monitoring. Community support including support from Panchayati Raj
Institutions is also envisaged in the Scheme to ensure their participation and to
supplement the grant of the Government.
The provision of non-recurring grant has been made in the scheme to
enable the implementing agencies to provide the basic minimum facilities to
ensure that the children in the centre have a hygienic, healthy and child friendly
environment for their proper growth and care.
I
II. FOOD AND OTHER ESSENTIALS
 The centre must at all times be equipped with a basic First Aid Kit
containing pediatric medicines for common ailments like fever, vomiting,
cough and cold, dehydration, common stomach ailments, minor injuries,
ointments, band-aids, cotton wool, disinfectants.
 The Centre must have adequate cooking facility, cooking utensils, utensils
to feed the children- which should be cleaned regularly before and after
use. They should be kept in an identified space.
 The Centre must have a safe and regular drinking water source. If
necessary, chlorination or boiling of drinking water must be done.
 Food provided to the children must have adequate nutritional value and
there should be variety in the food that is given to the children every day.
The food should be acceptable to the babies and children. For this, the
workers should know what are the nutritious preparations suitable for
babies and children and they must cook food with due care and
cleanliness.
 Weekly visits by doctors should be carried out for treatment and checkup.
IV. USERS CHARGES
Users charges @ of Rs. 20/- per child per month may be collected from
children from BPL families and Rs, 60/- per child per month from other families.
This will ensure of participation with the community and also increase the
centres’ resources which can be utilized as rent or for better facilities at the
crèche. It should be ensured that 50% of the children coming to these crèche are
from BPL families.
V. CRITERIA FOR SELECTION OF NGOS
The new creches will be sanctioned to the present Implementing
Agencies, viz, Central Social Welfare Board, Indian Council for Child Welfare
and Bhartiya Adim Jati Sevak Sangh. The Creches will be allocated to a
State/UT on the basis of the proportion of child population. Uncovered districts/
tribal areas under the Scheme will be given highest priority while extending the
scheme to ensure balanced regional coverage. Priority will be given to 87
uncovered districts, i.e. those districts that do not have even one creche.
VI. CRÈCHE WORKER’S TRAINING
The component of Training has been added to the Scheme to orient the
Crèche Workers as well as the Implementing Agencies to provide better services
and to build up child friendly environment in the Centre. A short term training will
be provided to every crèche worker and helper. The training module, which will
be made with the help of NIPCCD will be provided through training agencies that
will be identified with the help of State Governments. The following points must
be kept in mind for imparting training:-
 A crèche worker and helper will undergo a short-term training after he/she
joins.
 Training will emphasize on areas such as childcare, health –first aid,
Cardio Pulmonary Resuscitation , emergency, handling hygiene.
 Pre-school education has to be provided to children in the age group 3-6
years. This will be based on Early Childhood Education guidelines for
which the crèche workers will be trained. They will be taught how to
engage children in a variety of pre-school activities with adequate teaching
and learning material.
 The crèche workers will also be trained to teach the children basic and
personal hygienic habits.
 The crèche workers will be trained on nutrition and methods of cooking
healthy, tasty and nutritious food.
 To develop basic understanding among the crèche workers about the
need and importance of day care for children.
 To enable them to develop better understanding of critical issues of child
survival, growth and development with special reference to children below
three years and to orient them to integrated approach to child
development.
 To develop skills in them for organizing various activities to promote all
round development of children.
 To develop skills in addressing the psycho-social care of young infants
and toddlers.
 To enable the participants to plan and prepare need based programme for
holistic development of child.
 To develop in them an appreciation about the need of parent participation
and community involvement in the crèche programme.
 Develop the capacity to work with parents.
After training the Creche workers will be expected to perform following
functions:-
 Organize pre-school education activities for children between 3 to 6 years
of age based on the ECE guidelines provided during training.
 Organize stimulation activities for children below 3 years.
 Prepare low cost teaching learning aids.
 Teach Personal hygiene Habits to the Children.
 Prepare Nutritious food for children attending the crèche centre.
 Keep the centre and its surroundings neat and clean.
 Motivate parents for immunization and obtain assistance of health staff in
ensuring immunization of children.
 Provide proper arrangements for sleep and rest of children.
 Ensure regular home visits and mothers meetings to elicit community
participation.
 Create awareness about better child care in the community; and
 Maintain records and register.
 Ensure weekly visits by doctors/healthworkers.
VII. MONITORING OF THE CRECHES
To ensure effective running of the Scheme and also ensure that the
beneficiaries get all the elements of the scheme. There should be regular
monitoring of the creches. Monitoring of the Creches being run under the
Scheme will be conducted through independent agencies, to be identified in each
State, which will submit reports direct to the Central Government. It is expected
that every crèche will be inspected at least once in period of two years. Schools
of Social Work, Women’s Studies Centers and other reputed agencies will be
engaged to monitor crèche units. They will be regularly provided list of
sanctioned units in their respective areas with complete address and details of
the NGO. A lump sum one time grant of Rs. 10,000/- would be given to each
nodal agencies and Rs. 700/- per crèche visited and inspected.
A uniform format will be provided to the Monitoring Agencies to ascertain
that the basic minimum requirements are being met with in each Crèche Center.
The Monitoring Agency must review the Centres in all aspects. They
must in the course of the inspection also assess the motivation and capacity of
the Implementing Agencies.
VIII. TYPE OF ACTIVITIES TO BE ASSISTED
Assistance will be provided for developing comprehensive day-care
services for the babies (0-6 year) of working and other deserving women
provided the monthly-income of both the parents does not exceed Rs. 12000/-.
I
X. SCHEMATIC PATTERN
The present scheme will provide assistance to NGOs for running crèches
for babies (0-6 years) and would provide assistance to ensure sleeping facilities,
health-care, supplementary nutrition, immunization etc. for running a crèche for
25 babies for eight hours i.e. from 9.00 A.M. to 5.00 P.M. The schematic pattern
of expenditure is indicated below:-
Recurring Grant
S.
No.
Recurring Grant admissible for
grant
Ceiling of
expenditure
Grant
1. Honorarium to workers per crèche
(two workers)
Rs. 2000/- per
month
Rs.2000/-
(100%)
2. Supplementary nutrition per crèche
(for 25 children @ Rs. 2.08 per
child for 26 days.
Rs. 1352/- per
month
Rs. 1217/-
(90%)
3. Emergency medicine and
Contingencies (per crèche)
Rs. 350/- per
month
Rs. 315/- (90%)
Non-recurring Grant
S.
No.
Admissible Grant Ceiling of
expenditure
Grant
Non-recurring grant for the
period of five years
Rs. 10,000/- and a
subsequent grant
of Rs. 5000/- at an
interval of five
years towards
replacement of
consumable
stores on cent
percent basis.
Rs. 10,000/-
(100%) once in
the beginning of
every new crèche)
Rs. 3000/- (100%
at five years
intervals)
X. EXTENT OF ASSISTANCE
The Government assistance can only be on a limited scale and should not
induce too much dependence on the part of the voluntary institutions on such
help and the efforts of the voluntary sector should be to utilize the Government
assistance towards snowballing resources for widening the scope of the
programme with increasing voluntary contributions. The government recognizes
the need for more creches and day care facilities and realizes that, as the
scheme comes to be implemented not only would the children looked after
properly, but their parents would have greater freedom to work without norms
and that would lead to an increase in their efficiency. The Government
assistance will be limited to 90% of the schematic pattern (except salary of
crèche workers and helpers) or actual expenditure whichever is less and the
remaining expenditure will have to be borne by the Institution/Organization
concerned.
If an institution has already received or is expecting to receive a grant from
some other official source for a project for which application is being made under
this scheme, the assessment of central grant will normally be made after taking
into consideration the grant from such other official sources.
XI. PROCEDURE FOR SUBMISSION OF APPLICATION
Application will be received through State Units of Central Social Welfare
Board, Indian Council for Child Welfare and Bhartiya Adim Jati Sevak Sangh with
their recommendations. It will, however, be open to the Central Social Welfare
Board to entertain an application direct from an institution/organization of an All-
India character.
The application for grant-in-aid from Central Social Welfare Board, Indian
Council for Child Welfare and Bhartiya Adim Jati Sevak Sangh, for a particular
year should reach to the Department by the 31st March of the preceding financial
year. Application received during the year may also be considered subject to
availability of funds.
Application should be made in the prescribed form given at Annexure-A.
Each application should be accompanied by the Documents mentioned in
Para 17 of the application form.
XII. CONDITIONS FOR GRANTS
Grants will be paid in two installments, the first installment being normally
released on receipt of acceptance of conditions enumerated in the letter of
sanction project. Application for the release of second or subsequent installment,
made after the close of the financial year in which the project was approved shall
be accompanied by a statement of accounts of the expenditure incurred during
the year. Final installment shall be released only after audited accounts and a
Utilization Certificate, signed by a Chartered Accountant, is received and found in
order. The utilization certificate should be in the following form attached at
Annexure-B.
Annexure-B
Utilisation Certificate
…….
I
have verified the accounts of ____________________ in respect of the
grants of Rs._________________ released by the Department of Women and
Child Development/Central Social Welfare Board for the period
___________________ with the help of vouchers and certify that they are correct
and that an amount of Rs.______________________ has been utilized upto
________________ for the purpose for which it was sanctioned. The balance
of Rs._____________________ remaining unutilized at the end of the year has
been surrendered to the Govt. (vide No.________________ dated
__________________)/ will be adjusted towards the grant-in-aid payable during
the next year__________________.
(CHARTERED ACCOUNTANT)
Annexure-A
CENTRAL SCHEME OF ASSISTANCE TO
VOLUNTARY ORGANISATIOS FOR CRECHES
APPLICATION FORM
Note (Application received in an incomplete form will not be entertained.)
PART – I
(To be completed by the applicant)
1. Name of the Institution/organization:
2 Objectives of the Institution/Organization:
3. Brief history of the Institution/Organization and its objects and activities:
4. Whether recognized by the State Government:
5. Whether registered under Indian Societies Registration Act, 1860 (ACT
XXI of 1860)
6. Whether the institution/organization is of all India character. If so, give the
nature of its all-India character:
7. Whether located in its own/rented building:
8. Present number of beneficiaries (i.e. babies in the age group of 0-6 years)
and the number of creches run by the organization.
9. Details of the crèches project for which grant is applied (i.e. the number of
additional babies to be provided with care in the existing creches,
additional creches proposed to be started, the nature of baby care service
to be provided, item-wise details of estimated expenditure etc.):
10. Likely dates of commencement and completion of the crèche project:
11. Whether the project is likely to be assisted by some other official or nonofficial
sources. If so, give details thereof:
12. Justification for the project indicating its important features which entitle it
to central assistance (mentioned the name of the work etc.; the working
mothers which will be benefited, and give any other relevant information):
13. Total estimated expenditure on the project for one year:
(a) (i)Non-recurring ________________Rs.
(ii) Recurring ___________________Rs.
(b) Period for which recurring assistance is required:
14. a) Amount of grant requested (not exceeding 90% of the estimated
expenditure);
a) i) Non-recurring ________________Rs.
ii) Recurring ________________Rs.
b) Period for which recurring assistance is required:
15. Is accommodation available for running the creches to or temporary
shelter is proposed to be improvised?
16. Whether the institution is in a position to meet 10% or balance
expenditure? If so, indicate the sources:
17. List of papers/statements to be attached (in duplicate):
a) Prospectus/Memorandum of Association or a note giving aims and
objects of the institution/organization:
b) Constitution of Institution/Organization:
c) Constitution of the Board of Management with brief particulars of each
member:
d) Latest available annual report:
e) Audited accounts for last two years along with a copy of their certified
balance sheet for the previous year:
f) A statement giving details (year, purpose, amount etc.) of assistance
received during the last two years from the Central/State Government,
Central Social Welfare Board, local bodies or any other quasi-
Government institutions including requests made there of to any one of
these or any other organization for the project under consideration or
for any other project:
g) A statement giving item-wise and year-wise details of estimated
recurring and non-recurring expenditure on the proposed creche
project:
18. List of additional papers, if any:
19. Additional information, if any:
20. Does the institution/organization work of profit to any individual or body of
individuals?
Signature of
Secretary/President.

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