ASSAM STATE
COMMISSION FOR WOMEN ACT, 1994 THE ASSAM STATE COMMISSION FOR WOMEN ACT,
1994 [Act No. 21 of 1994] [6th May, 1994] AN ACT to constitute an Assam State
Commission for Women and to provide for matters connected therewith or
incidental thereto. Whereas
it is expedient to provide for the constitution of a Commission for furthering
the fundamental rights guaranteed by Articles 14, 15 and 16 of the Constitution
of India with respect to women and to give effect to the Directive Principles
of State Policy and in particular those enshrined in Articles 38, 39, 39A and
42 of the Constitution to Improve the status and dignity of women in the
society, to investigate into and take or suggest suitable remedial measures
against practices derogatory to women, to effectively monitor and implement
laws affecting women and to advise Government and all matters related to the
improvement and upliftment of status and dignity of women in the society. It is
hereby enacted in the Forty-fifth Year of the Republic of India as follows:-- (1)
This Act may be called the Assam State
Commission for Women Act, 1994. (2)
It extent's for the whole of Assam (3)
It shall come into force on such date as the
State Government may, by notification in Official Gazette, appoint. In
this Act unless he context otherwise requires,-- (a)
"Chairperson" means the Chairperson
appointed under this Act and includes the Vice-Chairperson; (b)
"Commission" means the Assam State
Commission for women constituted under Section 3 of this Act; (c)
"Constitution" means the
Constitution or India; (d)
"Member" means a Member of the
Commission and includes the Member-Secretary; (e)
"Prescribed" meats prescribed rules
made under this Act. (1)
The State Government shall, by notification
in the Official Gazette, constitute a Commission to be known as the Assam State
Commission for Women. (2)
The Commission shall consist of the following
:-- (a)
The Chairperson; (b)
The Vice-Chairperson;to be nominated by the
State Government. (3)
Seven Members to be appointed by the State
Government of whom atleast one shall belong to the Scheduled Castes/Scheduled
Tribes from amongst persons of ability and integrity and who have served the
cause of women or have had experience in law or administration concerning the
advancement of women or leadership of any voluntary organisation for women for
protection and promotion of common interest of women. (4)
A Member-Secretary, to be nominated by the
State Government, who shall be? (i)
an expert in the field of management,
organisational structure of sociological movement, or (ii)
an officer who is a member of a Civil Service
of the State or holds a civil post under the State with appropriate experience. (1)
The Chairperson and every Member shall held
office for such period not exceeding three years, as may be specified by the
State Government in this behalf. (2)
The Chairperson or a Member other than the
Member-Secretary may, by writing and addressed to the State Government, resign
from the office of the Chairperson, as the case may be, of the Member at any
time. (3)
The State Government shall remove a person
from the office of the Chairperson or the Member if that person? (a)
becomes an undischarged insolvent; (b)
is convicted and sentenced to imprisonment
for an offence which in the opinion of the State Government involves moral
turpitude; (c)
becomes of unsound mind and stands so
declared by a competent court; (d)
refuses to act or becomes incapable of
acting; (e)
is, without obtaining leave of absence from
the Commission, absent from three consecutive meetings of the Commission; or (f)
in the opinion of the State Government, has
so abused the position of Chairperson or Member 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 of being heard in the matter. (4)
A vacancy caused under sub-section (2) or
other-wise shall be filled by fresh nomination. (5)
The remuneration and allowances payable to
and the other terms and conditions of service of, the Chairperson and Members
shall be such as may be prescribed. (1)
The State Government shall provide the
Commission with such officers and employees as may be necessary for the
efficient performance of the functions of the Commission under this Act. (2)
The remuneration and other allowances payable
to and the 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. The
remuneration and other allowances payable to the Chairperson and Members and
the administrative expenses, including allowances and pensions payable to the
officers and other employees referred to in section 5, shall be paid out of the
grants referred to in sub-section (1) of section 11. 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 (1)
The Commission may appoint such committees as
may be necessary for dealing with such special issues as may be taken up by the
Commission from time to time. (2)
The Commission shall have the power to co-opt
as members of any committee appointed under sub-section (1) such number of
persons, who are not Members of the Commission, as it may think fit and the
persons so co-opted shall Lave the right to attend the meetings of the
committee and take part in its proceedings but shall not have the right to
vote. (3)
The persons co-opted under sub-section (2)
shall he entitled to receive such allowances for attending the meeting of the
committee as may be prescribed. (1)
The Commission or a committee thereof shall
meet as and when necessary and shall meet at such time and place as the
Chairperson may think fit. (2)
The Commission shall regulate its own
procedure and the procedure of the committees thereof. (3)
All orders and decisions of the Commission
shall be authenticated by the Member-Secretary or any other officer of the
Commission only authorised by the Member-Secretary in this behalf. (1)
The Commission shall perform all or any of
the 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 of
these safeguards; (c)
wake 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 affecting women and recommend
amendments (hereto go as to suggest remedial legislative measures to meet any
lacunae, inadequacies of shortcomings in such legislations; (e)
take up the cases of violation of the
previsions of the Constitution and of other laws relating to women with the
appropriate authorities; (f)
look into complaints and take suo moto notice
of matters relating to:-- (i)
deprivation of women's rights; (ii)
Men-implementation of laws enacted to provide
protection to women and also to achieve the objective of equality and
development; (iii) non-compliance of policy decisions, guidelines or
instructions, aimed at mitigating hardships and ensuring welfare and providing
relief to women and take up the issues arising out of such matters with
appropriate authorities; (g)
call for special studies or investigations
into specific problems or situations arising out of discrimination and
atrocities against women and identity the constraints so as to recommend
strategies for their removal; (h)
undertake promotional and educational
research so as to suggest ways of ensuring due representation of women in all
spheres and identify factors responsible for impeding their advancement, such
as, lack of access to housing and basic service, inadequate support services
and technologies for reducing drudgery and occupational health hazards and for
increasing their productivity; (i)
participate and advice on the planning
process of socio-economic development of women; (j)
evaluate the progress of the development of
women under the State; (k)
inspect or cause to be inspected a jail,
remand home, women's institution or other place, or 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 of women; (m)
make periodical reports to the Government en
any matter pertaining to women and in particular various difficulties under
which women toil; (n)
any other matter which may be referred to it
by State Government. (2)
The State Government shall cause all the
reports referred to in clause (b) of sub-section (1) to be laid before the
State Legislature along with a memorandum explaining the action taken or
Proposed to be taken on the recommendations relating to the State and the
reasons for the non-acceptance if any, of any of such recommendations. (3)
The Commission shall, while investigating any
matter referred to in sub-clause (i) or clause (f) of sub-section (1), have all
the powers of the civil court trying a suit and, in particular in respect of
the following matters, namely:-- (a)
summoning and enforcing the attendance of any
person from any part or Assam and examining him on oath; (b)
requiring the discovery and production of any
document; (c)
receiving evidence on affidavits; (d)
requisitioning any public record or copy thereof
from any Court or office; (e)
issuing Commissions for the examination of
witnesses and documents; and (f)
any other matter which stay be prescribed. (1)
The State Government shall after due
appropriation made by State Legislature in this behalf, pay to the Commission
by way of grants such sums of money as the State Government may think fit for
being utilised for the purpose of this Act. (2)
The Commission may spend such sums as it
think fit for performing the functions under this Act and such sums shall be
treated as expenditure payable out of the grants referred to in sub-section
(1). (1)
The Commission shall maintain proper accounts
and other relevant records and prepare an annual statement of accounts in such
form as may be prescribed by the State Government in consultation with the
Accountant General of Assam. (2)
The Accounts of the Commission shall be
audited by the Accountant General at such intervals as may be specified by him
and any expenditure incurved connection with such audit shall be payable by the
Commission to the Accountant General of Assam. (3)
The Accountant General or any poison
appointed by him in connection with the audit of the accounts of the Commission
under this Act shell have the same rights and privileges and the authority in
connection with such audit as the Accountant General generally has in
connection with the audit of Government accounts and, in particular, shall have
the right to demand the production of books, accounts, connected vouchers and
other documents and papers and to inspect any of the offices of the Commission. (4)
The accounts of the Commission, as certified
by the Accountant General or any other person appointed by him in this behalf,
together with tie audit report thereon shall be forwarded annually to the State
Government by the Commission. The
Commission shall prepare in such form and at such time, for each financial year,
as may he prescribed, its annual report giving a full account of its activities
during the previous financial year and forward a copy thereof to the State
Government. The State
Government shall cause the annual report together with a memorandum of action
take, on the recommendations contained therein, in so far as they relate to the
State Government, and the reasons for the non-acceptance, if any, of any of
such recommendations and the audit report to be laid as soon as may be after
the reports are received, before the Assembly. The
Chairperson, the Members, officers and other employees of the Commission shall
be deemed to be public servants within the meaning of Section 21 of the Indian
Penal Code (Central Act-45 of 1860). The
State Government shall consult the Commission on all major policy matters
affecting women. (1)
The State Government may, by notification in
the Official Gazette, make rules for carrying out the provisions of this Act. (2)
In particular, and without prejudice to the
generality of the foregoing powers, such rules may provide for all or any of
the following matters, namely :-- (a)
remuneration and allowances payable to, and
the other terms and conditions of service of the Chairperson and Members under
sub-section (5) of Section 4 and officers and other employees under sub-section
(2) of Section 5; (b)
allowances for attending the meetings of the
committee by the co-opted person under sub-section (3) of Section 8; (c)
other natters under clause (f) of sub-section
(3) of Section 10; (d)
the form in which the annual statement of
accounts shall be maintained under sub-section (1) of Section 12; (e)
the form in, and the time at which the annual
report shall be prepared under Section 13; (f)
any other matter which is required to be, or
may be, prescribed. (1)
The Assam State Commission for Women
Ordinance, 1993 (Assam Ordinance No. IV of 1993) is hereby repealed. (2)
Notwithstanding such repeal, anything done or
any action taken under the Ordinance so repealed shall be deemed to have been
done or taken under the corresponding provisions of this Act.
Preamble - THE ASSAM STATE COMMISSION FOR
WOMEN ACT, 1994PREAMBLE