Tripura act 001 of 1994 : The Tripura Commission for Women Act,1993

Tripura ^{ActNO. 1} of 1994

_

THE TRIPURA COMMISSION

'

'

'

FOR

_

WOMEN ACT,

1993.

(WITH

LATEST AMENDMENTS)

1

' Publishedinthe

EXTRAORDINARY

ISSUE

OF

TRIPURA GAZETTE

Agartala, Wednesday, January ^{19, 1994A.D.} Pausa

29,

1915 S. E.

GOVERNMENT OF TRIPURA

LAW

DEPARTNIENT

No. ^F.

10(7)-Law/Leg/93

Dated,

Agartala,

the 4th

January,

1994

The

following

Act

ofthe

Tripura Legislative Assembly

received the assent of the Governor on the lst

January,

1994

and is

hereby published

for

general

information :—

TRIPURA

ACT NO. 1 OF 1994

AN

ACI' to

privide

for the constitution of a

State Level Commission for women and for matters connected

therewith or incidental thereto. WHEREAS ^itis

expedient

to

privide

for the

constitution of

a State Level Commission

for women and

for matters

connected therewith or incidental thereto. It15

hereby

enacted'in the

Forty- -fourth Year of the

Republic

of

India,

by

the

Legislative Assembly ^ofTnpura, ^asfollows:^~

CHAPTAR ^I

Preliminary 3122:6113: ^l.(l) This Act may be called the

Tripura

Commission for Women

Act,

1993.

cbmmencement. (2) ^Itextends^tothe whole of Tripura.

(3) ^It

shall^comeintoforce^{onsuchdateasthe}State Government may

by notification ^inthe

official Gazette appoint

...

DGfinitions. Constitution of Commission. Terms ^ofoffice and condition of services ^{of .} Vice-Chairperson andMember.

2

2. In

this

Act,

unless the context

otherwise

requires

— (a)

"Commission" means

the

Tripura

Commission for women

constituted under

section

3;

(b) "Member",

means

Member of

the Commission and

include the Member-Secretary;

(0)

"National

Commission^.forWomen" means the National

Commission for Women

constituted under section 3 ofthe National

Commission for WomenAct, 1990; (d)

"Prescribed" means

prescribed

by

rules made under

this

Act; (e)

"Women"

includes adolescent

girl

or

female child.

CHAPTAR II

Constitutionof Commission 3.( 1) ^TheState Government

shall,

within a

period

of

three months

from the dateof

coming ^into

force of this

Act,

by

notification in

the official

Gazette constituted a

body

to be

known as the

Tripura

Commission

for Women.

2. The

Commission shall

consist of^—

(a) (i) ^a

Chairperson, ^and

(ii) ^a

Vice-Chairperson, to be

nominated

by

the State

Government;

(b) ^Fivemembers^{to be}

appointed

by

the State

Government

from

amongst the persons of ability

and

integrity

who

have served

the cause ofwomen or

have

had

experience

in law or

administration ofmatters

concerning the

advancment

ofwomen or

leadership

ofany trade union or

voluntary organisation ^for

Women^for

protection ^and

promotion

ofcommon

interest .of' women, of whom at

least ^— '

(i) ^one

shall^bea

member ^of3.

Scheduled

Caste,

and (ii)

V

one shall

be a

members of Scheduled

Tribe; -

(c). ^an

officer^oftheState Government who

shall be the Member

Secretary. 4(1) ^The

Chariperson ^{or the}

Vice-Chairperson or'a Member,

other than the Member

Secretary,

shall

hold office for

such

period,

not

exceeding

Three years, as

may be

specified by

the State

Government in

this

behalf.

(2) ^The

Chariperson ^{or the}

Vice-Chairperson

or a

Member,

other

than the Member

Secretary, may

at

any time

resign

his office

by writing

under his hand addressed

to

the State

Government.

(3) ^TheState

Government .shall remove^a

person from the

office of Chariperson ^or

Vice-Chariperson ^or

Member,

other^thanthe

Member Secre- tary, ^ifthatperson ^- l.

Substituted

by

Second

Amendment

Act,

1999.

2.

Substituted

by

Second

Amendment

Act,

1999.

s

.

:

Officers and othe

employees of Commission. Salaries and allowances to be paid ^outof

grant made by

State Government. Vacancies etc. not to

invalidate proceedings ^of commission. '

Committees of Commission. Procedure to be regulated

by' Commission.

3

(a)

becomes^and

undisharged insolvant;

or

(b) gets

convicted^andsentenced to

imprisonment

for an

offence

which,

in the

opinion

ofthe State

Government,

involves moral

turpitude;

or

(0)

becomes ofunsound mind and stands so

declared

by

a

competent court; or

(d)

refuses^toactor

becomes

incapable

of

acting;

or

(e) is,

without

obtaining

leave of

absence from the

Commission,

absent' form thre

consecutive

meetings

of

the

commission;

or 7

(t) ^inthe

opinion ^{of the}State

Government has so

abused the

position

of Chairperson ^or

Vice-Chairperson

or

Members as

to

render

that

person's continuance in office

detrimental to the

public

interest; Provided that no

person shall be removed under

this

sub-section until

that person has been

given

a

reasonable

opportunity

to

being

heard

in the matter.

(4) ^A

vacancy

caused

under

sub-section

(2)

or

otherwise shall be filled

by

a fresh nomination or

appointment,

as

the

case

may be.

(5) ^The

salaries^and

allowances 'or

honorarium

payable to,

and the

other terms

and

conditions of

service

of,

the

Chairperson,

Vice—Chairperson

and Members,

other^thanthe

Member

Secretary

shall be such as

may be

prescribed. 5.(1) ^TheState

Government shall

provide

the

Commission with such

officers and other

employees

as

may be

necessary for the

efficient

performance

of

the functions

of the

Commission

under

this

Act.

(2) ^Thesalaries^and

allowances

payable to,

and other terms

and

conditions of service

of,

the

officers and other

employees appointed

for the purpose of the

Commission shall be

such as

may be

prescribed.

6.

The

salaries

and

allowances or

honorarium

payable

to the

Chairperson, Vice—Charperson ^and

Members,

other than the Member

Secretary,

and

the administrative expenses

including salaries,

allowances and

pensions

payable

to the

officers and

others

employees

referred to in section 5

shall be

paid

out

of grant ^made

by ^theState

Government.

7. No act or

proceeding

ofthe

Commission or

any Committee thereof shall be called in

question

on the

ground merely

of

the existence of any

vacancy in or any defect in the

constitution ofthe

Commission or

such committee as the case may be.

8. The

Commission may

appoint

such

committee or

committees

consisting wholly ^ofMembers^as

itmay consider necessary in

the

discharge

of its

functions under this Act. 9.(1) ^The

commission^ora

committee

thereof shall meet at

such

time and at such

place

as

the

Chairperson may think fit.

3.

Inserted

by

First

Amendment

Act,

1994.

4.

Inserted

by

First Amendment

Act,

1994.

Power to invite representative ^of '

National

Commission ^for Women.

Functions ^of Commission.

(2)

4

The Commission shall

regulate

its own

procedure

and the

procedure of the

committees thereof.

(3) ^Allorders ^and

decisions ofthe Commission shall^beauthenticated

by ^the signature ^ofthe

Chairperson ^orVice- -Chirperson ^or

any Officers ^ofthe Commission authorised¹ⁿ writing ^by

the

Chairperson

or Vice—Chairperson in this

behalf.

10. The Commission shall have the power ^toinvite^a

representative

of the National Commission for Women ^toits

meetings ^asitmay^deemnecessary.

11. (l)

CHAPTARIII

FunctionofCommission Subject ^tothe

provisions

ofthis ^{Act, the}Commission

shall

perform ^allor any ofthe

following

functions:^— (a)

(b)

(C)

(d) investigate ^andexamine^allmatters

relating ^tothe

safeguai^ds

provided for women under ^theConstitution ^ofIndia

(herein

after

referred ^toas the

Constitution)

and other

laws and recommend

steps ^tobe taken

by the State Government^foreffective

implementation

ofsuch

safeguards. review the

existing provisions

ofthe Constitution

and other laws

affecting women

and

recommend

amendments

thereto so as to

suggest

remedial legislative measure ^{to meet any}lacunae

inadequacies ^or

sho1tcornings in such

legislations; take up the cases ofv1olat10n

ofthe

provisions

ofthe Constitution and of other laws

relating ^towomen^intheState^withthe

appropriate authorities; look into

complaints

and take^suomotonotice ofmatters

relating ^to—

(i) Deprivation

ofwomen's

rights. (ii)

non-implementation ^oflawsenacted ^to

provide protection ^towomen. (iii)

non-compliance ^ofpolicy

decisions,

guidelines

instructions aimed^at mitigating hardship ^and

ensuring

welfare^and

providing

relief^towomen and taken up issues

arising ^outof such

matters with

appropriate authorities,

(6) ^callfor

special

studies ^or

investigations ^into

specific problems ^orsituations arising ^outofdiscrimination ^andatrocities

against

women^and

identify the

constraints

so as to recommend

strategies

for

their

removal; (f)

evaluate ^the

progress ^of

advancement^ofwomen^inthe

State; (g)

visit^ajail,

destitute

girl's

home,

women's institution ^orother

place custody where are

kept ^as

prisoners ^orotherwise and ^takeup^{with the}concerned , .1»

"Quiet

5

5

authorities such matters for

remedial action as

may be necessary;

(h) any other matter

which may be referred to it

by

the State

Government.

2.

The State

Government may consult the

commission on

policy

matters affecting

women.

3.

The

Commission

shall,

while

investigating any

matter

referred to

in

clauses

(a) ^and

(d) ^ofsub-section

( l),

have all

the powers of a

civil court

under the Code of

Civil Procedure, ¹⁹⁰⁸while

trying ^a

suit, and,

in

particular,

in

respect

ofthe

following

matters :— l

(a)

summoning ^and

enforcing

the

attendance of any person from any

part ofIndia

examining

him on

oath; (b)

requiring ^the

discovery and production

ofany document; (c)

receiving

evidence^on

affidavits; (d)

any

other matter

which may be

prescribed.

L

(4) (a) ^The

Commission shall

present

to the State

Government every six months and at

Such other times as the

Commission may deem fit

reports

of its

activities

together with its recommendations and the

State

Government shall cause

them to be

laid before the State

Legislature

as soon as

possible

alongwith

a

memorandum

explaining

the action taken or

proposed

to'be'

taken on the

recommendations and the reasons for

non—acceptance,

if any, of any ^of

such recommendations. ^'

(b) ^It

shall ^bethe

duty ^ofthe.

commission to

furnish comments

and recommendations on

any

report

of

the National

Commission for

Women on

any

matter with

which the

State

Government

is concerned as

that

Government may call for. _

CHAP'I'AR IV

Finance,

Accounts^and

Audit {

Grunt

by

State

12(1)

The State

Government

shall,

.under

appropriation

made

by

the State '

Government. Legislature by ^{lawin this}

behalf, pay ^to

the

Commission

by way of

grant

such sums 'of

money

and in such manner as

the State

Government may think fit

for being

utilised^forthepurpose ^{of thisAct.}

(2) ^The

commission may

spend

such sums of

money

as it

thinks fit for performing ^thefunctions

underthisAct, ^andsuchSums of money shall be treated as

expenditure

payable

out ofthe

grant

referred to

in

sub-sections

(

l

).

"

Account and

13.( l)

The Commission shall maintain

proper

accounts and other

relevant records Audit. and

prepare and annual statement ofaccounts in such

form as

may be

prescribed by ^theState

Governmentⁱⁿconsultation with the

Accountant

General,

Tripura.

(2) ^Theannual accounts

ofthe

Commission shall

be audited

by

the

Accountant General,

Tripura.

.

Chairperson, Vice-Chairperson. members and

staff ^of

Commission to be

public servants. Power ^to

make rules.

6

(3)

TheAccountant

General,

Tripura,

shall^havethesame

rights ^and

privileges and the

authority

in connection with such audit as

theAccountant

General,

Tripura generally ^hasin

connection ^withtheaudit^ofGovernment accounts^{and in} particular,

shall ^havethe

right ^todemand^the

production ^of

books, accounts, connected vouchers and other documents ^and

papers ^andto

inspect any of the offices ofthe Commission.

(4) ^Theaccounts ofthe

Commission, ^ascertified

by ^the

Accountant

General, Tripura together ^withtheaudit

report

thereon shall^beforwarded

annually ^{to the} State Government

by

the Commission.

CHAPTARV

Miscellaneous

14.

The

Chairperson,

the

Vice-Chairperson, ^the

Members,

officers^and

other employees ^{of the}

Commission shall^bedeemed ^tobe

public

servants within^the meaning ^ofSection ^21oftheIndian

Penal Code. 15(1) ^TheState Government

may ^be

notification ^intheofficial Gazette ^make rules for

carrying

out the

provisions

ofthis^act.

(2) ^In

Particular, ^and

without

prejudice ^{to the}

generality ^ofthe

foregoing power, such,

rules^mayprovide

for all ^{or any}ofthe

following

matters^:—

(a) ^the

salaries ^andallowances ^orhonorarium

payable ^{to, andthe}other terms and conditions ofservice

of,

the

Chairperson,

the

Vice-Chairperson and the Members

under subsection

(5)

of

section^4andtheofficers

.

and

other

employees

under

sub-section(2)

of section

5;

(b) ^{the form in}which^theannual statement ofaccounts shall^bemaintained under sub-section

(.1)

ofsection

13;

(c) any

other

matter which^is

required ^to

be, ^{or maybe}

prescribed.

(3) Every ^rulemadeunder^thisActshall ^be

laid, ^{assoonas maybe}after^{it is} made,

before ^theState

Legislature,

while^{itis in}

session, ^foratotal

period ^of fourteen

days which may^be

comprised ^inonesession ^{orintwo ormore}successive sessions, ^and

if,

before^the

expiry

ofthe session

immddiately

following ^thesession

7E

the

State

Legislature agrees

that the rules

should not be

made,

the rule

shall

thereafter have effect

only

in such

modified form or

be of no

effect the case

may

be; so,

however,

that any such

modification or

annulment shall be

without

prejudice to

the

validity

of anything

previously

done under

that

,3

.

rule.' ^. '

.

B. B.

SENAPATI

ADDITIONAL SECRETARY

TO

THE

GOVERNMENT OF

TRIPURA

8