The Andhra Pradesh Women's Commission Act, 1998

Short title, extent and commencement.—

1. (1) This Act may be called the Andhra Pradesh Women's Commission Act, 1998.
2. (2) It extends to the whole of the State of Andhra Pradesh.
3. (3) It shall come into force on such date as the Government may, by notification in the Andhra Pradesh Gazette, appoint.

Definitions.— In this Act, unless the context otherwise requires,—

1. (a) "Commission" means the Andhra Pradesh Women's Commission constituted under section 3;
2. (b) "Director" means the Director of the Commission appointed under section 7;
3. (c) "Government" means the State Government;
4. (d) "Member" means a member of the Commission and includes the Chairperson;
5. (e) "Prescribed" means prescribed by rules made under this Act;
6. (f) "Public Servant" shall have the same meaning as in section 21 of the Indian Penal Code, 1860;
7. (g) "Unfair Practice" means any act or omission which denies or affects or is likely to deny or affect the equal rights of women or is intended to harm or affect the safety and well-being of a woman;
8. (h) "Woman" includes a female child or an adolescent girl.

Constitution of the Commission

1. (1) The Government shall, by notification, constitute a body to be known as the Andhra Pradesh Women's Commission to exercise the powers conferred on, and to perform the functions assigned to it, under this Act.
2. (2) The Commission shall consist of—
   • (a) a Chairperson, who shall be a person of eminence committed to the cause of women, to be nominated by the Government;
   • (b) five members to be nominated by the Government from amongst persons of ability, integrity and standing who have served the cause of women or have had experience in law, practice of medicine, social work, management, economics, health, education or administration: Provided that at least one member shall be from amongst persons belonging to the Scheduled Castes or Scheduled Tribes and one member from amongst the Backward Classes;
   • (c) a Member-Secretary to be nominated by the Government who shall be an officer of the Government not below the rank of a Joint Secretary to Government.

Term of office and conditions of service of Chairperson and Members

1. (1) The Chairperson and every member shall hold office for a period of five years from the date on which they assume office.
2. (2) The Chairperson or a member may, by writing under their hand addressed to the Government, resign from the office of Chairperson or, as the case may be, of the member at any time.
3. (3) The Government shall remove a person from the office of Chairperson or 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 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) has, in the opinion of the Government, 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 clause until that person has been given a reasonable opportunity of being heard in the matter.
4. (4) A vacancy caused under sub-section
5. (2) or otherwise shall be filled by fresh nomination.
6. (5) The salaries and allowances payable to, and the other terms and conditions of service of the Chairperson and members shall be such as may be prescribed.

Officers and other employees of the Commission

1. (1) The Government shall appoint an officer of the rank of not below the rank of a Deputy Secretary to Government as a Member-Secretary of the Commission.
2. (2) The Government may provide the Commission with such other officers and employees as may be necessary for the efficient performance of the functions of the Commission under this Act.
3. (3) The salaries and allowances payable to, and the other terms and conditions of service of, the Member-Secretary and other officers and employees of the Commission shall be such as may be prescribed.

Salaries and allowances to be paid out of grants The salaries and allowances payable to the Chairperson, Members, Member-Secretary, and other officers and employees of the Commission and the administrative expenses of the Commission shall be paid out of the grants referred to in section 10.

Vacancies etc., not to invalidate proceedings of the Commission. - No act or proceeding of the Commission shall be questioned or shall be invalid merely on the ground of the existence of any vacancy or defect in the constitution of the Commission.

Committees of the Commission. -

1. (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. (2) The Commission shall have the power to co-opt as members of any committee appointed under sub-section
3. (1) such number of persons, who are not members of the Commission, as it may think fit and the persons so co-opted shall have the right to attend the meetings of the committee and take part in its proceedings but shall not have the right to vote.
4. (3) The persons so co-opted shall be entitled to receive such allowances for attending the meetings of the committee as may be prescribed.

Procedure to be regulated by the Commission

1. (1) The Commission shall regulate its own procedure.
2. (2) All orders and decisions of the Commission shall be authenticated by the Member-Secretary or any other officer of the Commission duly authorised by the Member-Secretary in this behalf.

Officers and other employees of the Commission to be public servants Every officer and other employee of the Commission shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860.

Functions of the Commission.—Subject to the provisions of this Act, the Commission shall perform all or any of the following functions, namely:—

1. (a) to investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws;
2. (b) to present to the Government, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
3. (c) to make in such reports recommendations for the effective implementation of those safeguards for improving the conditions of women by the Union or any State;
4. (d) to review, from time to time, the existing provisions of the Constitution and other laws affecting women and recommend amendments thereto so as to suggest remedial legislative measures to meet any lacunae, inadequacies or shortcomings in such legislation;
5. (e) to take up the cases of violation of the provisions of the Constitution and of other laws relating to women with the appropriate authorities;
6. (f) to look into complaints and take suo motu notice of matters relating to—
   • (i) deprivation of women's rights;
   • (ii) non-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 to take up the issues arising out of such matters with appropriate authorities;
7. (g) to 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;
8. (h) to 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;
   • (i) to participate and advise on the planning process of socio-economic development of women;
9. (j) to evaluate the progress of the development of women under the State;
10. (k) to inspect or cause to be inspected a jail, remand home, women's institution or other place of custody where women are kept as prisoners or otherwise, and take up with the concerned authorities for such action as may be needed;
11. (l) to fund litigation involving issues affecting a large body of women;
12. (m) to make periodical reports to the Government on any matter pertaining to women and in particular various difficulties under which women toil;
13. (n) to co-operate with the National Commission for Women and other State Commissions for women;
14. (o) to perform such other functions as the Government may, from time to time, assign to the Commission.

Commission to have powers of civil court.—(1) The Commission shall, for the purpose of any investigation or 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:—

1. (a) summoning and enforcing the attendance of any person and examining him on oath;
2. (b) requiring the discovery and production of any document;
3. (c) receiving evidence on affidavits;
4. (d) requisitioning any public record or copy thereof from any court or office;
5. (e) issuing commissions for the examination of witnesses and documents;
6. (f) any other matter which may be prescribed.

1. (2) Every proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (Central Act 45 of 1860) and the Commission shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

Statements made by persons to the Commission: No statement made by a person in the course of giving evidence before the Commission shall subject him to, or be used against him in any civil or criminal proceeding except a prosecution for giving false evidence by such statement: Provided that the statement—

1. (a) is made in reply to the question which he is required by the Commission to answer; or
2. (b) is relevant to the subject matter under inquiry.

Annual report:

1. (1) The Commission shall prepare in such form and at such time each financial year as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and forward a copy thereof to the Government.
2. (2) The Government shall cause the annual report of the Commission to be laid before the Legislative Assembly of the State along with a memorandum of action taken or proposed to be taken on recommendation of the Commission and the reasons for the non-acceptance of the recommendations, if any.

Annual report to be laid before the Legislative Assembly

1. (1) The Commission shall prepare in such form and at such time each financial year as may be 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.
2. (2) The State Government shall cause the annual report to be laid before the Legislative Assembly.

Chairperson, Members and staff of the Commission to be public servants The Chairperson, 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, 1860.

Protection of acts done in good faith.— No suit, prosecution or other legal proceeding shall lie against the Chairperson, or any member or any officer or employee of the Commission in respect of anything which is in good faith done or intended to be done under this Act or the rules made thereunder.

Power to make rules.—

1. (1) The Government may, by notification, make rules to carry out all or any of the purposes of this Act.
2. (2) Every rule made under this Act shall, immediately after it is made, be laid before the Legislative Assembly of the State if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, the Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled as 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 rule.

-1 19. Power to remove difficulties:

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Andhra Pradesh Gazette, make such provisions not inconsistent with the provisions of this Act as appear to them to be necessary or expedient for removing the difficulty: Provided that no order under this section shall be made by the Government after the expiration of two years from the commencement of this Act.
2. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of the State Legislature.