Assam act 021 of 1994 : The ASSAM STATE COMMISSION FOR WOMEN ACT, 1994

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730 TU ASSAM GAZETTE. EXTRAORDINARY_ 1·Y. 6, 1994

ASSAM ACT NO. XXI OF 1994

(Received the assent of the Governor o• 5th May, 1994)

T HB ASSAM STATE COMMISSION FOR WOMEN

AO'f, 1994

AN

ACT

to constitute an Assam State Commiasion for Woruoa and to proTidc for matters connected therewith or iaoidcntal thereto. Preamble. Whereas it is e~pcdient to provide fior the constitutiofl of a Short tit le,

extent and

commence•

men t•

D efin itio11 .

C ommission fo r fu rther ing the fundamontal rights 1uaranted by Articles 14, 15 and 16 of the Conatitution of India with respect to women and to sive effect to the Directive Princi· pies of State Policy and in particular 1hose enshrined in Articles 38, S9, 39A and 42 of the Constitution to Improve the status and dignity cf women ln the aoclety, to inves- tigate inte and take or suggest suitable remedial measures against pHcticca derogatory to w9men, to effectively monit or and lm plement lawa affecting women and to advise Govr~n · roen t Bil d all matters rela ted to the improvemeat and uphft· ment of status an d d ignity o f women 1n the 1oeie1y. It is berehy enacted in tht> Forty-fifth Year of tl:e Republic of IRdia as follows: -

CHAPTER-I

1.(1} T bisj Act may be called the Assam State Commi· ssion for Women Act, 1994.

(2 ) It oxtend1 fo r the wbol..! of Assam

(3) lt SbalJ Come into force Oln BUCh date as the State Government may, by notificati•n in Official Gazette, appoint.

2. Tn th is Act unless '. he c0n ;ext otltet wise requires,-

(a) "Chairperson" means t he Cha irper1on appointed under this Act and includes the Vice·Ob.airporson ;

(b) "Commission" means the Assam State Commission for women constitated under Section 3 of this Act ·

(c) "Const itut ion" means the Constitution of India ·' {d) " M ember" moans a Member of tbe Commi1sion a~d includes tbe Me mber-Secretary ;

{,e) "Prescribed" mean~ presc1ib•d bJ rcks made under t his A ct.

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• THE ASSAM GAZETTE, EXTRAORDINARY, "MAY 6, 1994 731 Cons ti tu tion

of the Assam

State Comi•

mission for

Women.

j

T cl' m of

office and

conditions of

service of

Chairperson

and Mcm•

be rs.

CHAPTER-U

THE ASSAM STATE COMMbSION FOR WOMEN

3. (1) The State Government shall, by notification in the Official Gazette. constitute a Commission to be known as •he Aasam S'ate C•mwission for W emeu. (2} The Coamissioa shall consisi of the following ~-

(a) Tho Chairperson ; (~) The Vice-Chai11pcrson; to be aominated by the Stats Government. (3} Seven Members tCJ be appointed by tho State Govern· ment of whom aUeast one shall bolong to the Sche- duled Castcs/Scohcduled Tribes from amongst persons of ability a•d integrity and who have sened the cause of women or have had experience in law or administration concerning the ad\'ancement of wemen or leadership of any voluntary organisation for women for protection and premotien of commcin inierest of women.

(4) A MomtJtr-SCcretary, to be nominated by the State Geveramea t, who shall be-

(i) an export in the field of mana1ement, organisa- tional .1tructure of socioleaieal movement, or

(ii) an officer who is a member of a Civil Service of the State or bolEls a civil pest un der the State with appropriate experience.

4. (1) The Chairperson and every Member shall held ollict fer such period not exceeding three years, as may be specified by the State Oovernmant in this ~ehalf. - fu •.

(2) The Chairperson or a Member other than the Member-Secretary may, by writing . and addressed t• the State Oovcrameat, resign from the office of the Olaairperson, as the case ma7 be, of the Memllte1 at any time.

fh .. - .. . ~ ~il3-~~ ' ,:;£.T5~ ~ • . ==-~er•

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732 THE ASSAM GAZETTE, EXTRAORD T.!:\IARY, ?AA Y 6, 1994

(3) The State G overnment shall remove a person from tile office of the Chairperson or the Member if that .,,erson-

(a) becomes an uudischarged iasolvent ;

(b) is convicted and sentenced to imprisonment for an offence which in the opinion of the State Govfrnment involves moral turpitude;

(e) become• of unsound mind and stands so declared by a compete& t ceurt ;

(d) refuses to act or becomes incapable ef acting ;

(e) is, without obtaining leave of absc:nce from the Commissi-0n, absent fro m three com ccutivc: meetings of the Commission ; or

{t) in the opinion ot' the State Government, bas so abused the position of Chairperson o r Memlter as to render tha! pcnon'& coniiouance in office det1imeatal to the public int erest :

Pro•ided that uo person shall be removed u11der this

. f'' 1ub-scction until that person b~s beca given a reasoaable opporcunity of being hi;-ard in the matter.

Officers and

other em-

ployees of

the Commi·

11ion.

(4) A vacancJ cauaed- under sub-section (2) or other- wise shall bo filled by freah nonjination.

(S) The remuneration and allowances payable to and the other terms and conditions of service of, the Chair- person and Members shall be such a• may be prcscribcli.

5. (l} The State Goveroment s1'sll pr0vide 1sion with such office rs and employees 11ecessary for the efficient performance of of the Commi:ision under this Act. the Commi·

as may be

the function•

(2) The remuneration a d other allowances paf able to and the ether terma and condiiioss of senice of the officers aud other employees appointed for the purpose of the cemmissiQQ ahall be st:ch a11 maJ bo prescribe•,

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THE ASSAM GAZETTE, EXTRAORDINARY, M~ Y 6, 1994 73'3 .Remunera· 6. The remuo ration and oth'!r allowances payable to tiohn 11 a~d the Chairpers0ct ·rnd M i::mbcrs aoei the administrative ex-ot er a owa- . l d" II d . bl t"' nces to be prnses, me u mg a owances aa penuon1 paya e .. to .. e paid out of officer s and ()ther emplo j ces refer rt d to in section 5, shall be

grants. paid out cf tl:e g•a nts referred to in sub-section (1) of

section 11.

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Vacattdes, 7. No a ct or Froeee j ing of the Commission 11hall be etc. no >. to . d 1 lJ b . l"d h d 1 f h inn\idate que!ltlonc or s 1a, e mva 1 on t e groun mere y o t e proceedings existence of any vacancy or defect in the ConHitution of the of the C11m- C0mmi5Sion

mission.

Committees

of the Com-

mission.

Proeedure

to be regu-

lared by the

Commission.

8. (1 ) The Commission may appoint auch committees as may be nec:!ssary for ot ali i• g with such special ii< sues as may be tabn up by the Commission fr om t ime to time.

(2} The Commission shall have tbe power to co-opt as members of any commit1ee appointed under sub-section (I) sucll number o f nersons, who are not Members of the Commisslcn, 1ts it may thinltt fit and the persons so co-opted shall have the

•ight to attend the meetings of the committee and tat, part in its proceedings but shall not havi: the right to vote.

(3) The persons co-opted under sub-section (2) shall he entitled to receive 1uch allowances for atten- d in: the meeting of •h" cpmmittee as may be prescribed.

9. (I ) The Commission or a committee thereof shall meet as and when neoessary and shalt meet at s11ch time and place a• the Cb:iirpersen ma7 think fit.

(2) The Commission shall regulate iCs own procedure and the procedure of the oommlttee1 thereof.

(3) All orders and decisions ef tbe Commission shall be authenticattd by the Member-Secretary or any ot her officer of the Commission oulJ authorised by the :Member-Secretary in this behalf. ·

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734 TH:& ASSAM GAZETTE EXTRAORDINARY. MAY 6, 1~4 Functions

of the

Commiuion.

..

CHAPTER·III

FUNCTIONS OF THB COMMISSION

10. (1) The Commission shall perfoJ!m all or any of the following functions, namely:-

(a) investigate and examine all matters · r~!ating to the safeguards provided for women under the Consti- tution and other laws ;

(b) present to tho State Government, annually and at such other times as tbe Commission ma)' deem fit, reports upon the working of tb.ese safeguards ;

,

(c) .wake in such rep1nts recommendatioaa for the effective implementation of those safeguards for improving the conditions of women by the State ;

(d) re"iew, from time to t ime, the o:dsting provisions of the Constitution and other Jaws affecting women and recommend amendments thereto EO as to 1ug· gest remedial lagi•lative measures to meet any lacunae, inadequacies of shortcomings in such legis- lations^~

(e) take up the caaes ef violation of the prevmons of the Constitution and of other law• 1elatin1 t• women with the appropriate autkol'ities;

(f) look into complaints and take swo moto notice of r1 .maiters relating to c-

(i)J,deprivatlnn of women's rigt&ts ; (Ii) aen·implementation of laws enacte to provide proteotion 10 women and alse to achieve the ob- jective of equality and developrr ent ;

(iii) non-compliance of policy decisions; guidelines or instructions, aimed at mitigating hard1hipa and ensuring welfare and providing relief to wemen and take up the issues arising out of such matteu with appropriate authorities ;

(g) call for special studies or investigation• into sp eci • fie problems or situations arising out of dissrimlna- tion and atrocitks against women and identify the constraints so as to reco!!!melld strategies for t}leir remo"._al .;

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TH'S i~SSAM GAZETTE, EXTRAORDH~ARY, MAY 6, 1994 735 (h)

(i)

I (j)

undertake premotionaJ and educational research so as to suggest ways of ensuring due representation of women io all spheres and identify factors responsible for impeding their advancement, such as, lack of access to housing and bas ic service, inadequate support services and techuologies for reduciog drudaery and occupational health hazards and for increa1io1 their productivity ;

participate and advice on the planning process Qf socio-economic deve!opmeiit of women ;

evaluate the progress of the development of women under the State ;

(k) inspect or cause to be inspected a j ail, remand home, women's institution or otheti place or custody where women are kept as prLoners or otherwise, and take up with the concerned authorities for remedial actien if found ncc .. ssaTy;

(1) fund litigatien involving issues affecting a large body of wo men; ·

(m) make periodical reports to the Government on any matter l)Crtaining to women and in particular vari. etUs difficulties under which Gtomen toil;

(n) any other matter which may be refcl'l'ed to it by State Oovrmment.

(l) The State Government shall cause all the reports refer red to in clause (b) of sub-section (1) to be laid before the State Legislature alongwith a memorandum explaining the action taken or proposed to be taken oo the recommenda- tions relating to the Stat.; and th e reasons for the nen- acceptance , if any, 0f any of such recommendation1.

(3) The Commission shall, while invostigatiag any matter refe; red to in sub-dause (i) or clause (f) o '{ sub-section (1) , have a ll the powers of the civil coure trying a suit and , i n particular in respect of the following matters, namely:-

(a) summonin g ar: d e flforci11g the attendance of any person from any part of Assam and examining him on oath ;

(b) requi riu g the discoverr ar. d produetion of any document;

(c) receiving evidence on affidavits ;

(d) requisitioniiag any public record or copy thereof fr om any Court or office ;

(e) issuing Commissions fo r the examination of witnesses and documents ; and

(f) any other matter which may be presctibed. /

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736 'J'I-IE_A~-,::,AM GAZETTE, EXTRAORDINARY, MAY 6, 1994 CHAP I'ER-IV

FINANCE, ACCOUNTS AND AUDIT

Grants by 11. (1) The State Oovernmen t shall after due appropria- thGoe :state tion made by State Legislature in this behalf, pay to the 'lern• C .. ment. omm1suen by way ot gran ts ~uch sums of money as the Accounts

and audit.

State Government may think lit fer bei11g utilised for the purpose of this Act.

(2) The Comm ission may spend sl,ch sums as it think fit for performing the functioDl! under this Act and sue.ti sums shall be treated as expenditure p&)able out of the grants referred to in 111b·1ection (I).

12. (1) The Commission shall maintain proper acconnta and other ielevant records and prepare an annual statement of accounts in sucl.l form as may be pre1iCribed by the State Government in co f\ sultation \'\ itb the Accountant G¢neral of Assam.

(2) The Accounts of the Commission shall be audited by the Accountant Ger;~ral a t such intervals as may be spt.cified by him and any expenditure incurred in connection with such audit shall be payable by the Commiasion to tho Accountant General of Assum.

(3) The Accountant General or any person appointed by him in 'onneciion with the audit of the accounts or the Commission undr r ibis Act sball have the same rights and privileges and the authority in connection with rnch audit as the Accountant General J!enerally bas in connection with the audit of Government c.ccounts and, io particular, shall have the right to demand the p1oduction of books, accounts, conneC:. ted vouchers and other documents and papers an i to inspect any of the offices of the Cowimission .

. (4) The accounts of the Commission, ae ce1tified by the Accountant G11neral or any other person appointed by h im in this behalf, tog ther wit h t te audit repNt the reo n shall be for\\ar ded annually to tbe State Governmen1: by the Commi- ssion.

Ann u a 1 13. The Comm ission shall prepare in such form and at report. such time, for each fi i.ancial year, as may be prtscribed, its annual rq:~rt giving n full account of its ac11vities during the previous financial year and forward e. copy •hereof te the State Government.

Annaal 14. Tt.e. S•ate Govercment sh~ll c~use the annual report report and toget t er 11·1th a meu.o randum ot ucuon take;, ca the recom~

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r THE ASSAM GAZETTE, EXTRAORDiNARY, MAY 6, 1994 737 CHAPTER-V

MISCELLANEOUS

C 'iairpers'>n, 15. The Chairperson, the Members, officers and Md m ~e f other employees of the Conmisaiog s\all b= deemed ~~e c⁵!~m~- to be pJblic servut~ within tha meaning of Section Central Act - s>ion to be 21 of the hdian Penal Code. 45 of 1860.'

public scr·

vent1:1 .

s t a t e Go- 16. The State Government shall consult the v~rnment co Commis~ion on all mijor p:>licy matters affecting consult Com· w:>men.

mission.

~~k;r~fc 1 ~⁰17. (1) The Stat! Government may, by notifica-tion in the Official Gazette, make rules for carrying out the provisions of this Act.

1 2) In particular, and without preju1 ice to

the generality of the foregoing powers, sucti rules

mav provide for all or any of the following matters,

namely:-

(a) remuneration and allowances payable to, and the other terms a11d C)nditlons of serv1c~ of the Chairperson and Members under sub-section ( 5 :

ot Section 4 and officers and other employees under sub-section (2) of Seotion 5;

(b) allowances for attending the m~etings of the colllmittee by the Co-opted pers:>O un1er sub- s;ction (31 of Section 8;

(c) other matters under clause (f) of sub- section (3) of Section 10 ;

(d) the form in which the annual sta¹ement of accJunts shall be maiatained u11der sub-section

(i) 01 Section 12;

(e) the form ia, and the time at which the annual report snail be preplred undu Sectio 1 13

(f) any other matter whic-1 is require i to be, or may be, prcscri be.d.

R epeal and 18. (I) The .\.ssam State Commission for Women Asaam Ordi- Saving. Ordinance, 1~93 is hereby repealed. ~tn:r !

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(2) Notwithstanding such repeal, anything d one or any acd:>n taken under the Ordinance S'l repealed sl1all be deemed to have been done or ra ken under the corresponding provisions of this Act.

K. LASKAR,

Secretary to the Govt. of Assam, Legislative Department. G UWAHAD-Print-d an:! p1'>!i,hd by th~ D J· Director (P), Directorate of Pt aid, s~y.A;;an, G1,v 1'li '.i-2l lE t-.]a~~ tte) No.111·1005-400, 6-5. 196

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