Delhi act 008 of 1994 : The DELHI COMMISSION FOR WOMEN ACT, 1994

5 May 1994

Cc aon THE DELH! COMMISSION FOR WOMEN ACT-1994

(As passed by Legislative Assembly of the N.C.T. of Delhi)

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" 'THE DELHI COMMISSION FOR WOMEN ACT, 1994 (Delhi Act No. 8 of 1994)

(05.05.1994)

(As passed by the Legislative Assembly of the National Capital Territory of Delhi)

ACT

to constitute a Delhi Commission for Women and to provide for matters connected therewith or incidental thereto. i ae

Be it enacted by: the Legislative Assembly of the National Capital Territory of Delhi in the Forty-Fifth Year of the Republic of India as follows :-

(13). ss

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'CHAPTERI

PRELIMINARY

1. Shorttitle, extent and commencement:-

(i) This Act may be called the Delhi Commission for

Women Act, 1994.

(ii) It extends to the whole of the National Capital Territory of Delhi.

(iii) It shall come into for ce on such date as the Government of National Capi tal Territory of Delhi may, by notification in the official Gazette, appoint.

2. Definitions :- In this Ac t, unless the context other wise

requires :

Q (a) 'Capital' means the National Capital Territory of Delhi;

(b) 'Commission' means the Delhi Commission for Women constituted under section 3;

National Capital Territory of Delhi; ; (d) 'Member' means a Member 'of the Commission and

includes the Member, Secretary;

(e) 'National Commission' means the National

Commission for Women constituted under secti on 3

ofthe National Commission for Women Act, 1990; ip Central Act, 20 of 1990

(f) 'Prescribed' means prescribed by rules ma de

under this Act;

(14)

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— ae CHAPTER - Il

CONSTITUTION OF THE DELHI COMM

ISSION FOR WOMEN

3. Constitution of the Delhi Commission fo r Women: -

(i)

(ii)

(b)

The Government shall by notification in the official

Gazette, constitute a body to be known a s the Delhi

Commission for Women to exercis e the powers

conferred on, and to perform the funct ions assigned to

it, under this Act. .

The Commission shall consist of:-

a Chairperson, committed to the caus e of women, to

be nominated by the Government. five members to be nominated by th e Government

from and amongst the persons having not less than 10

years ~ experience in the field of women welfare,

administration, economic devel opment, health

education or social welfare;

Provided that at least one Member shall b e from

. amongst persons belonging to the Scheduled

Government, who shall be:-

an expert in the field of management, organizational structure or sociological movement, or an officer who is a member of a civil services of the 'Union or of an All India Service or holds a civil post - under the Union with appropriate experience.

(15)

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4. Term gael

of office and conditions of service of Chairperson and Members:

(i)

(il)

The Chairperson and every member shall hold office for such period, not exceeding three years, as may be specified by the Governmentin this behalf. The Chairperson or a member other than the * Member Secretary who is a member of.a civil service of (iii)

the Union or All India Civil Service or holds a civil post under the union may, in writing and addressed to the Government, resign from the office of Chairperson or, as the case may be, of the member at any time. The Government. shall remove a person from the office of Chairperson or a Member referred to in sub- section (2) if that person:-

(a) becomes an undischarged insolvent;

(b) gets convicted and sentenced to imprisonment for an offence which in the opinion of the Government involves moral turpitude:

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

(e) is without obtaining leave of absence from the Commission absents from three consecutive meetings of the Commission; or

(@ yn the opinion of the Government has so abused the position of Chairperson or Member as to render that person's continuance in office detrimental to the publicinterest:

— (16)

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Provided that no person shall be removed under this sub- section until that person h as been given a reasonab le

opportunity of being heard in the matter.

(iv) Avacancy caused under sub-section (2) or otherwise shall be filled by fresh nomination.

(v) The salaries and allowances payable to, and the other terms and conditions of service o f, the Chairperson and

Members shall be such as may be prescribed.

Officers and other employees of t he Commission

(5. ho The Government

shall provide the Commissi on

\4 with such officers a nd employees aS may be

necessary for the efficient p erformance of the

functions of the Commission under this Act.

(ii) |The salaries and allowance s payable to, and the

other terms and conditions of service of, the

officers and other employees ap pointed for the

purpose of the Commission shall be such as may

be prescribed.

6. The salaries and allow ances payable to the Chairperson and Members' and the administrative

expenses, including salaries, allowances an d pensions

payable to the officers and other employees referred to

in section 5, shall be paid out of the grants r eferred to in

sub-section (1) of section 11. Salaries and allow ances

to be paid out of grants.

7. No act or proceeding of the Commission shall be

questioned or shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the Commission. Vacancies, etc. not to

invalidate proceedings of the Commission.

(17)

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e wt aul g. Committees of the Commissio n. -

(i) The Commiss ion may appoint such committees as

may be necessary for dealing with s uch special issues as may be taken up by the Commis sion from time to time.

(ii). The Commiss ion shall have th e power to co-opt as

members of any C ommittees appoint ed under sub- section (1) such number of person s, who are not Members of the Co mmission, as it ma y think fit and the persons So coopted shall have the ri ght to attend the meetings of the Committee and t ake part in its proceeding but shall not have right to vote.

(i) | The person so c o-opted shall be entit led to receive such allowances for atte nding the meetings of the.

Committee as may be p rescribed.

9. Procedure tobe reg ulated by the commissi on:-

(i) The Commission or a committee thereof shall meet as

and when necessary and s hall meet at such time and place as the Chairperson ma y think fit.

(il). The Commission shall re gulate its own procedure and the procedure of the Committees t hereof.

(iii). All orders and decisions of the Com mission shall be

authenticated by the Member Secretary or a ny other

officer of the Commission duly authorized by the

Member Secretary in this behalf. .

(18)

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CHAPTER - Ill

FUNCTIONS OF THE COMMISSION

40. Function ofthe Commission:

(i)

(a)

(b)

(c)

(d)

(f)

The Commission shall perform all or any of the following functions, namely:

investigate and examine all m atters relating to the safeguards provided for women under the constitution and other laws;

present to the Government an nually and at such other time as the Commission may deem fit, reports upon the working of these safeguards; make in such reports recomme ndations for the effective implementation of those safeg uards for improving the conditions of women in the Capit al;

review, from time to time, the existing provisions of the Constitution and other laws affecting women and

recommend amendments th ereto so as to suggest

remedial legislative measures to meet any lacunae,

inadequacies or shortcomings in such legislations;

take up the cases of violation. of the provision of the Constitution and of other laws relating to women with

appropriate authorities; look into complaints and take suo moto notice of matters

relating to: -.

(i). deprivation of women's rights;

(19)

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(9)

(h) (i) (i) (k)

(I)

(ii). non-implementation of laws enacted to provi de

protection to women and also achieve the objective of equalit y

and development;

(iii). non-compliance of poli cy decisions, guidelines or instructions aimed at miti gating hardships and ensu ring

welfare and providing relief t o women, and take up the iss ues

arising out of such matters with appropriate authorities. call for special studies or in vestigations into specific pr oblems

or situations arising out of d iscrimination and atrocities against

women and identify the

constraints so as to re commend

strategies for their removal ;

undertake promotional

and educational res

earch so as to

suggest ways of ensuri

ng due representation

of women in all

spheres and identify

factors responsible for impeding their

advancement, such

as, lack of access to

housing and basic

services, inadequate

support services and

technologies for

reducing drudgery and

occupational health

hazards and for

increasing their producti vity;

participate and adv

ise on the plannin

g process of

socioeconomic develo

pment ofwomen,

evaluate the progress of the development of wo

men in the

Capital;

inspect or cause to be ins pected a jail, remand home

women's institution or other pl ace of custody where women are kept as prisoners or oth erwise, and take up with the concerned authorities for remed ial action if found necessary:

fund litigation involving issues affec ting a large body of

women,

(20)

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(ii). nr al

(m) make periodica l reports to the Go vernment on any matter pertaining to w omen and in:particul ar various

difficulties under which wom en toil; .

(n) any other matter which may be referred to it by the

Government.

The Government shall cause all the reports referred to in

clause (b) of sub-secti on (1) and those rece ived from the

National Commission to be laid before 'the Legislative

Assembly of the Capital along with a memorandu m explaining

the action taken oF proposed to be take n on the

recommendations relati ng to the Capital and the reasons for

the non-acceptance, ifany , of any such recommenda tions.

(iii). The Commission sh all while investigating any matter referred to in clause (a) oF sub-c lause (i) of clause (f) of sub-section (j),

have all the powers of a Ci vil Court trying suit and in particular,

in respect of the following matters, namely: -

(a). summoning and enfo rcing the attendance of any person

from any part of India and examine him on oath; (b). requiring the disco very and production of any

document;

(c). receiving evidence on affidavits,

(d). requisitioning any pub lic record or copy thereof from

any court or office; (e). issuing Commissions for the examination of witnesses and documents; and

(f). anyother matter which may be presc ribed.

(21)

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CHAPTER - IV

FINANCE, ACCOUNTS AND AUDIT

11. Grants by the government: - (i). The Government shall after due appropriation made by the Legislative Assembly of the Capital in this behalf, pay to the Commission by way of grants such sums of money as the Government may think fit for being utilized for the purposes. of this Act.

(ii), The Commission may spend such sums as it think s fit

for performing the functions under this Act and such sums shall be treated as expenditure payable out of t he

grants referred to in sub-section (1).

12. Accounts and audit: - (i). |The Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be specified by the Government in consultation with the Finance Department of the Government.

(ii). | The accounts of the Commission shall be audited by the Auditor of the Government at such intervals as may be specified by it.

(iii). The Finance Department of the Government or person appointed by it in connection with the audit of the accounts of the Commission under this Act shall have the same rights and privileges and the authority in connection with such audit as it generally have in connection with the audit of Government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers, other documents, papers and to inspect any of the offices of the Commission and to .

veil

securities, cash and stores.

physically verify

(22)

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13.

14.

(iv). The accounts of the Co mmission, as certified by th e

Auditor together with the audit r eport thereon shall be — forwarded annually to the Govern ment by the

Commission.

Annual Report:- The Commissio n shall prepare, in such form and at such time for each financial year, as may be prescribed, its annual report, giving a full acc ount of its activities during the previous financial year and forwa rd a copy thereof to the

Government.

Annual report and audit rep ort to be laid before the Legislative Assembly: -

The Government shall cause the annual report together with a memorandum of action taken on the recommendations

contained therein so far as they relate to the Government and the reasons for the non-accep tance, if any, of any of such recommendations and the audit report to be laid as soon as may be after the reports are rece ived before the Legislative Assembly of the Capital.

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