KERALA WOMEN'S
COMMISSION ACT, 1990 THE KERALA WOMEN'S COMMISSION ACT, 1990 [Act No. 17 of 1995] An Act to provide for the Constitution of a
Women's Commission to improve the status of women in the State of Kerala and to
enquire into unfair practices affecting women and for matters connected
therewith or incidental thereto. Whereas
it is expedient to provide for the Constitution of a Commission to improve the
status of women in the State of Kerala and to enquire into unfair practices
affecting women and for matters connected therewith or incidental thereto; Be it
enacted in the Forty-second Year of the Republic of India as follows: (1)
This Act may be called the Kerala Women's
Commission Act, 1991. (2)
It extends to the whole of the State of
Kerala. (3)
It shall come into force on such date as the
Government may, by notification in the Gazette, appoint. In
this Act, unless the context otherwise requires,- (a)
"Commission" means the Commission
constituted under section 5; (b)
"Director" means the Director
appointed under section 12; (c)
"Government" means the Government
of Kerala; (d)
"member" means a member of the
commission and includes the Chairperson; (e)
"person" includes a firm, company,
corporation, or any public undertaking, association of persons, or the
Government and its agencies including agencies receiving aid from the
Government; (f)
"prescribed" means prescribed by
rules made under this Act; (g)
"public servant" means any employee
of the Government or a local body or any corporation owned or controlled by the
Government or of any Government agency or any public undertakings; (h)
"registered" means registered with
the commission under the Act; (i)
"unfair practice" means any
distinction, exclusion on restriction made on the basis of sex for the purpose
of or which has the effect of impairing or nullifying the recognition,
enjoyment or exercise by women of fundamental constitutional rights, or of
human rights, or of fundamental freedom in the political, economic, social
cultural, civil or any other field or the infringement of any rights or benefit
conferred on women by or under the provisions of any law for the time being in
force or the mental or physical torture of sexual excesses on women. This
Act shall not apply to (a)
the Central Government; or (b)
any public sector undertaking of the Central
Government or any other institution owned or controlled or financed directly by
the Central Government. Save
as otherwise provide, the provisions of this Act shall be in addition to and
not in derogation of, any other law for the time being in force, except to the
extent the provisions of the other law are inconsistent with the provisions of
this Act. (1)
[ For the purpose of this Act the Government
shall, by notification in the Gazette, constitute a commission to be known as
the Kerala Women's Commission which shall consist of 3[a Chairperson and not
more than two other members to be appointed by the Government: Provided
that the members appointed to the Commission shall be women] (2)
[The Chairperson shall be an eminent women
committed to the cause of women with sufficient knowledge and experience in
dealing with women's problems. (3)
[The members of the commission shall be persons
of ability integrity, intelligence and standing and having adequate knowledge
or experience or have shown ability in dealing with problems relating to
safeguarding and promoting the interests of women and protecting their rights. (1)
Every member shall hold office for a period
of five years. (2)
Notwithstanding anything contained in
sub-section (1) a member may (a)
by writing under his hand and addressed to
the Government resign his office at any time; (b)
?be
removed from his office in accordance with the provisions of section 11. (3)
A vacancy arising by reason of resignation or
removal of any member of the Commission under sub-section (2) or otherwise
shall be filled up in accordance with the provisions contained in section 5: Provided
that a person so appointed shall hold office for the remaining period of the
term of the person in whose place such person is appointed. (4)
?The
members shall receive a fixed honorarium and other allowances and shall be
governed by such conditions of service, as may be prescribed: Provided
that the fixation of the honorarium shall be without taking into consideration
the past service rendered by the person in any capacity before his appointment
as a member.] The
quorum for a meeting of the Commission shall be [two] (1)
The meeting of the Commission shall be
presided over by the Chairperson or in her absence a member chosen for the
purpose by the members present. (2)
All questions at a meeting of the Commission
shall be decided by the majority of the votes of the members present and voting
and in case of equality of votes the Chairperson or the member presiding, as
the case may be, shall have a second or casting vote. (3)
The Commission may invite, if it is
considered necessary, for such purposes and on such conditions as may be
prescribed, any person with expert knowledge in a particular subject to be
present at the meeting to assist the Commission in arriving at a decision but
such person shall not be entitled to vote. (1)
The Commission may for the purpose of
transacting any business before it or for any special issue constitute and ad
hoc committee consisting of- (a)
not more than two members of the Commission; (b)
not more than two experts on the particular
subject before the Commission. (2)
If the Chairperson is a member of the
committee the Chairperson or any other member shall preside over the meeting of
the Committee. (3)
The provisions of the section 7, section 8
and section 20 shall mutatis mutandis apply to the meeting of the committee. (4)
The final report of the ad hoc committee
shall be placed before the Commission for its approval and on the approval
thereof by the commission it shall be deemed to be the report of the
Commission. (5)
?The
person in the ad hoc committee shall be paid such remuneration as may be
prescribed. No act
or proceeding of the Commission shall be invalidated by reason only of any
defect or irregularity in its constitution or on the ground of existence of any
vacancy in the office of any member. Any
member of the Commission may be removed from office by an order of the
Government, if he- (a)
becomes an un-discharged insolvent; (b)
is convicted and sentenced to imprisonment
for an offence which involves moral turpitude; (c)
becomes of unsound mind; (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 (f)
in 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 public interest: Provided
that a member shall not be removed under this section until that person has
been given a reasonable opportunity of being heard in the matter. (1)
The Government may, in consultation with the
Commission, appoint a Director for making investigations for the purposes of
this Act and to carry out such directives given to him by the Commission
besides the functions conferred on him by this Act. The Government may appoint
such other staff as may be necessary to assist the Commission by deputation or
by direct recruitment and prescribe their conditions of service: Provided
that in the case of direct recruitment, the provisions of rule 14, 15, 16 and
17 of the Kerala State and Subordinate Service Rules, 1958, shall apply. (2)
The qualifications, term of appoint and other
conditions of service of the Director shall be such as may be prescribed. (3)
In the discharge of their functions under
this Act the Director and other staff referred to in sub-section (1) shall be
subject to the administrative control of the Chairperson. The
8[honorarium and allowances payable to the members] and the administrative
expenses, including the salaries, allowances and pensions payable to, or in
respect of, the Director and the other staff of the Commission, shall be
charged on the Consolidated Fund of the State. (1)
Any women's organisation governed by written
rules, regulations or bye-laws and working for the uplift, development, welfare
or promotion of the interests of of women or women's wing of any other
organisation having all or any of the above activities as one of this
objectives may apply to the Director for registration of such organisation with
the Commission, in such form and in such manner as may be prescribed. (2)
The Director shall verify the applications in
such manner as may be prescribed and recommend to the Commission, the
organisation qualified for registration and reject the other applications. (3)
The Commission may consider the
recommendation and direct that the name and particulars of the roganisations
qualified to be registered be entered in the Register maintained for the
purpose in the manner prescribed and shall issue a certificate of registration
in the prescribed form. (4)
The Commission may, at any time, either on
its own motion or otherwise cancel the registration of any organisation, after
giving an opportunity to be heard and on being satisfied that it is no longer
qualified to continue as a registered organisation. (5)
The party aggrieved by the decision of the
Director under sub-section (2) may file an appeal before the Commission within
such time and in such manner as may be prescribed and thereupon the Commission
shall after conducting such enquiry as it deems fit and giving the party an
opportunity of being heard, pass appropriate orders thereon. (1)
The Commission shall, for the purpose of any
inquiry under this Act, have the same powers as are vested in a civil court
while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of
1908), in respect of the following matters, namely: (a)
summoning and enforcing the attendance of any
witness and examining him; (b)
requiring the discovery and production of any
document; (c)
receiving evidence on affidavits; (d)
requisitioning any public records or copy
thereof from any public office; (e)
issuing commissions for the examination of
witnesses. (2)
?Any
proceeding before the Commissions shall be deemed to be a judicial proceeding
within meaning of sections 193 and 228 of the Indian Penal Code (Central Act 45
of 1860) an the Commission shall be deemed to be a court for the purpose of
section 195 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974). (1)
The Commission shall perform all or any of
the following functions, namely: (a)
inquire into any unfair practice, take
decision thereon and to recommend to the Government the action to be taken in
that matter; (b)
?cause
investigation to be made by the director on issues of importance concerning
women and issues concerning unfair practice and to report thereon to the
Government on the corrective measures to be taken; (c)
submit to the Government annual reports on,- (a)
the lacunae, inadequacies, or shortcomings in
the laws in force which affect the constitutional right to equality and fair
treatment of women and also on the remedial legislative measures to be taken to
meet the situation; (b)
the monitoring of the working of laws in
force concerning women with a view to identifying the areas where the
enforcement of laws is not adequately effective or has not been streamlined and
recommending executive or legislative measures to be taken; (c)
monitoring the recruitments made to State
Public Services and State Public Undertakings and promotions within the said
services and scrutinising the rules and regulations governing such recruitments
and promotions with a view to reporting to the Government action, if any,
required to guarantee equal opportunity to women in the matters of such
recruitments and promotions; (d)
(a) inspect or cause to be inspected, by the
Director or any officer of the Commission authorised by the Commission in that
behalf, prisons, police stations, lock-ups, sub-jails, rescuer homes or other
places of custody where women are kept as prisoners or otherwise, or shelters
for women or other places run by the Government or any of its agencies
including agencies receiving aid from the Government for the purpose of offering
rescue or shelter to women, or hostels intended for women or girls run by any
person and such other places wherein unfair practice to women is complained of
and cause further inquires to be made about the treatment that women and girls
are subjected to at such places and to report to the Government for taking
remedial action. (b) in
cases where the Commission is of the view that any public servant has been
grossly negligent or grossly indifferent in regard to the discharge of his
duties in relation to the protection of the interests of women recommend to the
concerned disciplinary authority to initiate disciplinary action; (e)
recommend to Government, the welfare measures
to be adopted and implemented by the Government with a view to ameliorating the
conditions of women; (f)
formulate a comprehensive and affirmative
scheme for securing equal opportunities to women and devise a programme for
implementing such scheme which shall be forwarded to the Government for
approval and on obtaining approval thereof with or without modifications,
implement the same; (g)
empower the Director to recommend to the
appropriate authority to take prosecution proceedings in respect of offences
committed against women under any statute providing for penalty for violation
of the provisions of such statute; (h)
?maintain comprehensive Data Bank relating to
the Social, economic and political conditions of women including comparative
study, updating the same from time to time making available such data for use
in actions for vindication of the rights of women; (i)
recommend to Government to initiate
legislation for removal of discrimination in the case of inheritance,
guardianship, adoption and divorce or for matters relating to the safeguarding
of the dignity of women and the honour of motherhood; (j)
call for special studies or investigations
into specific problems or situations arising out of discrimination and
atrocities against women and identify the constraints so as to recommend
strategies for their removal; (k)
?participate and advise on the planning process
of socio economic development of women; (l)
fund litigation involving issues affecting a
large body of women; (m)
make periodical reports to the Government on
any matter pertaining to women and in particular various difficulties under
which women toil; (n)
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 services, inadequate support services
and technologies for, reducing drudgery and occupational health hazards and for
increasing their productivity; (o)
any other matter which may be referred to it
by the Government. (2)
The Government shall lay the recommendations
of the commission under sub-section (1) before the Legislative Assembly during
its next session and cause action to be taken thereon by the authority
concerned within two months from the date of laying such recommendations. (1)
The Commission shall inquire into any unfair
practice, (a)
on receiving a written complaint from any
woman alleging that she has been subjected to any unfair practice or on a
similar complaint from any registered women's organistion; (b)
on its own knowledge or information; (c)
on any request from the Government. (2)
Where the complaint has been made under
clause (a) of sub-section (1)s the Commission may, before the issue of any
process to the person complained against, cause a preliminary investigation to
be made by the Director in such manner as it may deem fit, for the purpose of
satisfying itself that the complaint requires to be enquired. (3)
?Where
the person against whom the complaint has been made, appears and shows cause or
fails to appear on the day appointed for that purpose the Commission may
proceed to inquire into the matter in the complaint and take a decision thereon
and if the Commission finds that there is unfair practice, it shall recommend
to the Government the action to be taken thereon or initiate prosecution. (4)
The Government shall, within two months from the
date of receipt of the recommendation of the Commission under sub-section (3),
take a decision thereon and intimate the same to the Commission. lf,
after invesigation into any complaint under section 17, the Commission is
satisfied that a person has committed any criminal offence and that he should
be prosecuted in a court of law for such offence, then it may pass an order to
that effect and initiate prosecution of the person concerned, if there is no
necessity for prior sanction, and if prior sanction of any authority is
required for such prosecution, then notwithstanding anything contained in any
law, such sanction shall be granted by that authority within thirty days of the
request by the Commission and if such sanction is not granted within the said
period such sanction shall be deemed to have been granted by that authority. The
annual report submitted to the Government by the Commission in accordance with
clause (iii) of sub-section (1) of section 16 shall be laid, before the
Legislative Assembly, as soon as may be, after the report is received by the
Government. (1)
The commission shall hold sittings ordinarily
at Thiruvananthapuram, to enquire into any unfair practice but it may hold
sittings at any other place in the State. (2)
The Commission shall with the previous
approval of the Government make regulations for regulating its procedure and
the disposal of its business and which regulations shall, after they are made,
be published in the Gazette. (3)
The Chairperson may, with the approval of the
Commission, assign any function of the Chairperson or of the Commission to any
other member or members of the Commission. All
orders and decisions of, and all other proceedings or instruments, if any,
issued by the Commission shall be authenticated by the signature of the
Director or of such other officer as may be authorised by the Commission in
this behalf. The
Commission may, with the previous sanction of the Government and subject to
such terms and conditions as may be specified in this behalf by the Government,
receive money from any organisation, or person by way of donation,
contribution, or by whatever name called, for the purposes of this Act. The
Government shall consult the Commission on all major policy maters affecting
women. All
members, officers and other employees of the Commission shall be deemed, when
acting or purporting to act in pursuance of any of the provisions of this Act,
to be public servants within the meaning of section 21 of the Indian Penal Code
(Central Act 45 of 1860). No
suit, prosecution or other legal proceedings shall lie against any member of
the Commission or any officer of the Commission for anything which is in good
faith done or intended to be done under this Act or the rules made thereunder. Notwithstanding
anything contained in the Code of civil Procedure, 1908 (Central Act 5 of
1908), or any other law for the time being in force, no court shall grant any
injunction restraining any proceeding which is being or about to be taken under
the provisions of this Act. (1)
If any difficulty arises in giving effect to
the provisions of this Act, the Government may, by order, do anything not
inconsistent with such provisions to remove such difficulty. (2)
No order under sub-section (1) shall be made
after the expiration of a period of two years from the commencement of this
Act. (3)
Every order made under this section shall be
laid, as soon as may be after it is made before the Legislative Assembly. (1)
The Government may, by notification in the
Gazette, make rules for the purpose of carrying into effect the a provisions of
this Act. (2)
In particular and without prejudice to the
generality of the foregoing power, such rules may provide for (3)
["] the honorarium, allowances and other
conditions of service of the members; the salary allowances and other
conditions of service of the Director and other staff of the Commission;"] (a)
procedure for removal of the members of the
commission under section ii; (b)
the procedure for registration under section
14 of the Act; (c)
procedure for inquiries under section 17 of
the Act; (d)
investigations by the Director; (e)
procedure for inspection of prisons, police
stations, lock-ups, sub-jails, rescue homes or other places of custody where
women are kept as prisoners or otherwise or shelters for women or other places
run by the Government or any of its agencies including agencies receiving aid
from the Government for the purpose of offering rescue or shelter to women or
hostels intended for women or girls run by any person and such other places
wherein unfair practice to women or girls is complained of or for holding of enquiries
about the treatment that women or girls are subjected to at such places; (f)
maintaining a Date Bank; (g)
the formulation of comprehensive and
affirmative scheme for securing equal opportunity to women and for the
improvement and uplift of women and programme for its implementation; (h)
procedure for recommending prosecution in
respect of offences committed against women under any statute; (i)
any other matter which has to be, or may be,
prescribed. (4)
?Every
rule made under this Act shall be laid, as soon as may be after it is made,
before the Legislative Assembly, while it is in session, for a total period of
fourteen days which may be comprised in one session or in two successive
sessions, and if, before the expiry of the session in which it is so laid or
the session immediately following, the Legislative Assembly makes any
modification in the rule or decides that the rules should not be made, the rule
shall thereafter have effect only in such modified form or be of no effect, as
the case may be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously due under that rule.
Preamble - KERALA WOMEN'S COMMISSION ACT,
1990PREAMBLE