Uttar Pradesh act 007 of 2004 : The Uttar Pradesh State commission for Women act 2004

CHAPTER 1

PRELIMINARY

CHAPTER 2

THE STATE COMMISSION FOR WOMEN

CHAPTER 3

FUNCTIONS OF THE COMMISSION

CHAPTER 4

FINANCE ,ACCOUNTS AND AUDIT

CHAPTER 5

MISCELLANEOUS

Section 1.Short title,extent and commencement

(1) This Act may be called the Uttar Pradesh State Commission for Women Act, 2004.

(2) It extends to the whole of Uttar Pradesh.

(3) It shall come into force on such date as the State Government may, by notification, appoint in this behalf.

Section 2.Definitions

2. In this Act,-

(a) Commission means the Uttar Pradesh State Commission for Women constituted under section 3;

(b) Member means a member of the Commission;

(c) Other backward classes of citizens means such classes of citizens as are defied in clause (b) of section 2 of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994;

(d) Women includes female child or adolescent girl.

Section 3.Constitution of the Commission

(1) The State Government shall, by notification, constitute a body to be known as the Uttar Pradesh State Commission for Women to exercise the powers conferred on, and to perform the functions assigned to, it under this Act,

(2) The Commission shall consist of-

¹[(a) one Chairperson and two Vice-Chairperson who shall be Women and have worked for the welfare of women, nominated by the State Government;]

(aa) [*****]²

³[(b) Twenty Five members nominated by the State who shall be women and who have worked for the upliftment and welfare of the women;

Provided that, atleast one Member each shall be from amongst,the women belonging to-

(i) the Scheduled Castes or the Scheduled Tribes;
(ii) the other backward classes of citizens;
(iii) Minorities ]

(c) A Member-Secretary, to be nominated by the State Government who shall be a women officer, not below the rank of Special Secretary to the State Government, who is a member of a Civil Service of the State or of an All India Service or holds a civil post under the State with appropriate experience.

1. Subs by sec 2(a) of U.P.Act no 19 of 2013 (w.e.f.26-04-2013)
2. Omitted by sec 2(b) of U.P.Act no 19 of 2013 (w.e.f.26-04-2013)
3. Subs by sec 2(c) of U.P.Act no 19 of 2013 (w.e.f. 26-04-2013)

Section 4.Term of office and conditions of services

¹[(1) The Chairperson, a Vice-Chairperson or every member shall hold office for a term of one year from the date he assumes office or at the pleasure of the State Government:

Provided that the State Government may revoke the term of any such office bearers at any time without mentioning any reason.]

²[(2) The Chairperson, any Vice-Chairperson or any member shall not hold office below the age of 25 years.]

¹[(3) The Chairperson and Vice-Chairperson shall be having the status of Minister of State and Deputy Minister of the State respectively.]

(4) The Chairperson or a Member other than the Member-Secretary may, by writing under his hand and addressed to the State Government, resign from the office ofthe Chairperson or, as the case may be, ofthe Member at any time.

(5) ³[*****]

(6) A vacancy caused under sub-section (2) or otherwise shall be filled by fresh nomination.

(7) The salaries, and allowances payable to and the other terms and conditions of service of ⁴[The Chairperson, the Vice-Chairperson] and Members shall be such as may be prescribed.

1. Subs by sec 3(a) of U.P.Act no 16 of 2007 (w.e.f.15-06-2007)
2Subs by sec 3 of U.P.Act no 19 of 2013 (w.e.f. 26-04-2013)
3 Omitted by sec 3(b) of U.P.Act no 16 of 2007 (w.e.f.15-06-2007)
4Subs by sec 3(c) of U.P.Act no 16 of 2007 (w.e.f.15-06-2007)

Section 5.Officers and other Employees of Commission

(1) The State Government shall provide the Commission with such officers and employees as may be necessary for the efficient performance ofthe functions of the Commission under this Act.

(2) The salaries and allowances payable to, and the other terms and conditions of, the Member-Secretary, the officers and other employees appointed for the purpose ofthe Commission shall be ,such as may be prescribed.

Section 6.Salaries and allowances to be paid out of grants

The salaries and allowances payable to the ¹[The Chairperson, the ViceChairperson] and Members and the administrative expenses, including salaries, allowances and pensions payable to the Member-Secretary, the officers and employees referred to in section 5, shall be paid out ofthe grants referred to in sub-section (1) ofsection 11.

1. Subs by sec 4 of U.P.Act no 16 of 2007 (w.e.f.15-06-2007)

Section 7.Vacancies, etc, not to invalidate proceedings of Commission

. No act or proceedings ofthe Commission shall be questioned or shall be invalid on the ground ofthe existence of any vacancy or defect in the constitution of the Commission.

Section 8.Procedure to be regulated by Commission

(1) The Commission shall meet as and when necessary and at such time and place, as the Chairperson may think fit.

(2) The Commission shall regulate its own procedure.

(3) All orders and decisions ofthe Commission shall be authenticated by the Member-Secretary or any otherofficer of the Commission duly authorised by the MemberSecretary in this behalf.

Section 9.Functions of the commission

(1) The Commission shall perform all or any ofthe following functions, namely:-

(a) investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws ;

(b) present to the State Government; annually and at such other times, as the Commission may deem fit, reports upon the working ofthose safeguards;

(c) make in such reports recommendations for the effective implementation of those safeguards for improving the conditions of women by the State;

(d) review, from time to time, the existing provisions of the Constitution and other laws effecting women and recommend amendments thereto so as to suggest remedial legislative measures to meet any lacunae, inadequacies or shortcomings in such legislations ;

(e) take up the cases ofviolation ofthe provisions ofthe Constitution and ofother laws relating to women with the appropriate authorities;

(f) look into specific complaints and take suo moto notice ofmatters relating to,-

(i) deprivation ofwomen's rights;

(ii)non-implementation oflaws enacted to provide protection to women and also to achieve the objective of equality and development ;

(iii)non-compliance of policies decisions, guidelines or instructions aimed at mitigating hardships and ensuring welfare and providing reliefto women.

And to take up the issues arising out of such matters with the appropriate authorities ;

(g) cause special studies or investigations to be undertaken into specific problems or situations arising out of discrimination and atrocities against women and identify the constraints so as to recommend strategies fortheir removal ;

(h) undertake promotional and educational research so as to suggest ways of ensuring due representation ofwomen in all spheres and identify factors responsible for impeding their advancement, such as, lack ofaccess to housing and basic services, inadequate support services and technologies for reducing drudgery and occupational health hazards and for increasing their productivity ;

(i) participate and advise on the planning process of socio-economic development ofwomen ;

(j) evaluate the progress ofthe development of women under the State ;

(k) inspect or cause to be inspected a jail, remand home, women's institutions is or other places of custody where women are kept as prisoners or otherwise, and take up with the concerned authorities for remedial action, if found necessary ;

(l) fund litigation involving issues affecting a large body ofwomen or the interpretationof any provision ofthe Constitution or any-other laws effecting women ;

(m) make periodical or special reports to the State Government on any matter pertaining to women and, in particular, various difficulties under which women toil ;

(n) examine the conditions in which women work in factories, establishments, construction site or other places and make recommendations to the State Government for improving their working conditions ;

(p) coordinate with the State police cell and divisional police cells created for dealing with the cases relating to attrocities against women and mobilise public opinion in the State as a whole or in any particular area in the State so as to help speedy reporting or detection or offences cf such atrocities and to-make atmosphere against the offender;

(q) seek assistance of any voluntary organisation registered under section 17, in discharge ofits functions ;

(r) any other matter which may be referred to it by the State Government

(2)The State Government shall cause the reports of the. Commission to be laid before each House ofthe State Legislature alongwith a memorandum explaining the action taken or proposed to be taken on the recommendations and the reasons for the nonacceptance, ifany, ofany ofsuch recommendations.

Section 10.Powers of the Commission

The Commission shall, while investigating any matter referred to in clause (a) or sub-clause (i) and (ii) ofclause (f) ofsub-section (I) ofsection 9, have all the powers ofa civil court trying� a suit, and in particular, in respect ofthe following matters, namely:-

(a) summoning and enforcing the attendance of any person and examining him on oath ;

(b) requiring the discovery and production ofany document ;

(d) requisitioning any public record of copy thereoffrom any court or office ;

(e) issuing commissions for the examination of witnesses and documents ; and

(f) any other matter which may be prescribed

Section 11.Grants by the state such Government

(1) The State Government shall, after due appropriation made by the State Legislature by law in this behalf, pay to the commission by way ofgrants such sums of money as the State Government may think fit for being utilized for the purposes ofthis Act.

(2) The Commission may spend such sums as it thinks fit for performing the functions. under this Act, and such sums of money shall be treated as expenditure payable out ofgrants referred to in sub-section (1)

Section 12.Accounts and Audit

(1) The Commission shall maintain proper accounts and other relevant records and prepare an annual statements of accounts in such form as may be prescribed.

(2) The accounts ofthe commission shall be annually audited by the Director Local Fund, Uttar Pradesh.

Section 13.Annual Report

The Commission shall prepare annual report for each financial year, in such form and at such time, as may be prescribed, giving a full account ofits activities during that financial year and forward a copy thereof to the State Government.

Section 14.Annual and other reports and audit report to be laid before State Legislature

The State Government shall cause the annual report, together with a memorandum of action taken on the recommendations contained therein, and the reason for the non-acceptance, if any, of any of such recommendations, and the audit report to be laid as soon as possible after the reports are received, before each House of the State Legislature.

Section 15.Chairperson,Vice-Chairperson, Members and staff of Commission to be public servants

¹[The Chairperson, the Vice-Chairperson], the Members, the Member Secretary, Officers and other employees of the Commission shall be deemed to be public servants within the meaning ofsection-21 ofthe Indian Penal Code, 1860

1. Subs by sec 4 of U.P.Act no 19 of 2013 (w.e.f. 26-04-2013)

Section 16.State Government to consult Commission

The State Government may consult the Commission on major policy matters affecting women.

Section 17.Registration of Voluntary Organisation

(1) Any voluntary organisation engaged in thewelfare of women, who desires to assist the Commission in performance of its functions, may apply to the Commission in the prescribed manner for registration.

(2) The Commission, may, after satisfying itself regarding value, role and utility ofsuch organisation in the society, register such organisation in such form and in such manner as may be prescribed.

(3) The Commission shall make available to a court, authority or person a list of organisations registered under this section ifso required by such court, authority or person.

(4) The Commission may, for reason to be recorded in writing, cancel registration of any such organisation after giving the organisation a reasonable opportunity ofhearing.

(5) A decision ofthe Commission under sub-section (4) shall be final.

Section 18.Protection of action taken in good faith

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done, in pursuance of the provisions ofthis Act or the rules made thereunder.

Section 19.Power to make rules

(1) The State Government may, by notification, make rules for carrying out the purposes ofthis Act. Such rules may provide for charging offees for any ofthe purposes ofthis Act.

(2) In particular, and without prejudice to the generality of the foregoing powers such rules may provide for all or any ofthe following matters, namely:-

(a)Salaries, and allowances payable to, and the other terms and conditions of service ofthe Chairperson and Members under sub-section (5) of section 4 and the. Member-Secretary, the officers and other employees under subsection (2) of section 5 ;

(b) any other matter under clause (j) ofsection 10;

(c)the form in which the annual statement of accounts shall be prepared under sub-section (1) ofsection 12;

(d) the form in, and the time at, which the annual report shall be prepared under section 13 ;

(e) any other matter which is required to be, or may be prescribed.

Section 20.Power to remove difficulty

.(1) If any difficulty arises in giving effect to the provisions ofthis Act the State Government may, by a notified order, make such provisions, not in consistent with the provisions of this Act as appear to· it to be necessary or expedient for removing the difficulty.

(2) No order under sub-section (1) shall be made after the expiration of a period oftwo years from the commencement ofthis Act.

(3) Every order made under sub-section (1) shall be laid, as soon as may be, before both the Houses of State Legislature and the provisions of sub-section (1) of section 23-A ofthe Uttar Pradesh General Clauses Act, 1904 shall apply as they apply in respect ofrules made by the State Government under any Uttar Pradesh Act.