Chapter III Chapter III

Functions and Powers of the Commission

1. (1) The Commission shall perform all or any of the following functions, namely:—
   • (a) investigate, examine and recommend course of action on all matters relating to the provisions 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 about the functioning of the Commission;
   • (c) make in such reports recommendations for the effective implementation of the provisions of law for improving the conditions of women in the State;
   • (d) 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;
   • (e) take up cases of violations of the provisions of the Constitution and of other laws relating to women with the State Government, or appropriate authorities;
   • (f) entertain 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 the State Government or appropriate authorities;
   • (g) render guidance and advice to needy women in instituting proceedings in any judicial forum or tribunal for violation of Constitutional provisions or any other laws relating to women;
   • (h) call for special studies or investigation into specific problems or situations arising out of discrimination and atrocities committed against women and identify the constraints so as to recommend strategies for their removal;
     • (i) undertake promotional and educational research so as to suggest ways of—
     • (i) ensuring due representation to womeall spheres,
     • (ii) identifying factors responsible for impeding their advancement, such as, lack of access to education and basic services, inadequate support service, and –6–
     • (iii) developing technologies for reducing drudgery and health hazards as well as for increasing their efficiency;
   • (j) participate and advice on any planning process to ensure the socio-economic development of women;
   • (k) evaluate the progress of the development of women in the State;
   • (l) inspect or cause to be inspected a jail, remand home, women’s institutions or other places of custody where women are kept as prisoners or otherwise with or without prior intimation to the authorities and take up with the concerned authorities such matters for remedial action as found necessary;
   • (m) attend and with the permission of the concerned Court or Lok Adalat have a right of audience before such Court or Lok Adalat in any case or any question involving the protection of rights of women including in-camera trials by any Court, within the State;
   • (n) fund litigation and assist in filing police complaints involving issues affecting a larger body of women or the interpretation of any provision of the Constitution or any other law affecting women, and recommend to the State Government every six months, reports relating to such matter;
   • (o) make periodical reports to the State Government in any matter pertaining to women and, in particular various difficulties under which women toil;
   • (p) co-operate with and assist and seek co-operation and assistance of the National Commission for Women and other Commissions for Women set up by different State Governments and also the Commission for Scheduled Castes and Scheduled Tribes and the Minorities Commission;
   • (q) frame Schemes for the consideration of the State Government or any other appropriate authority for more effective implementation of this Act and in particular, frame for more effective implementation of laws relating to payment of maintenance to deserted women; payment of minimum wages; ensuring equal pay for equal work; housing and shelter for women; prevention of violence, physical, mental, emotional, sexual, at home, at work and all places; prevention of illegal trafficking in women; improvement of the health; and ensuring safety as well as legal aid for women;
   • (r) any other matter which may be referred to it by the State Government or by the National Commission for Women.
2. (2) The Commission shall, while investigating any matter referred to in clause (a) or sub- clause (i) and (ii) of clause (f) of sub-section (1), have all the powers of a Civil Court trying a suit, in respect of the following matters namely:—
   • (a) summoning and enforcing the attendance of any person, including a public servant from any part in the country and examining him/her on oath;
   • (b) requiring the discovery and production of any document;
   • (c) receiving evidence on affidavits; –7–
   • (d) requisitioning any public record or copy thereof from any Court or public office;
   • (e) issuing commissions for the examination of witnesses and documents; and
   • (f) any other matter which may be prescribed.
3. (3) Any proceedings before the Commission shall be deemed to be a judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code, 1860 (45 of 1860) and the Commission shall be deemed to be a Court for the purpose of section 195 of the Code of Criminal Procedure, 1973 (2 of 1974).
4. (4) (a) On any investigation mentioned in clause (a) or sub-clause (i) and (ii) of clause (f) of sub-section (1) being completed, the Commission may institute legal proceedings or prosecution in the matter and on being satisfied that it is necessary, in its opinion, appoint a counsel or special prosecutor, to do so.
   • (b) The appropriate authority, as the case may be, shall communicate in writing to the Commission, from time to time, the progress of any such legal proceeding or prosecution filed on the recommendation of the Commission.
5. (5) The appropriate authority, shall not recommend for withdrawal of any such case or proceedings instituted under sub-section (4) without the prior consultation in writing, with the Commission.

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

(1) The Commission may, for the purpose of conducting investigations under this Act, utilize the services of:–

1. (a) any officer or investigating agency of the State or the Central Government with the concurrence of that Government; or
2. (b) any other person.

1. (2) For the purpose of conducting an investigation, any officer or agency referred to in clause
   • (a) of sub-section (1) may, subject to the direction and control of the Commission,—
   • (a) summon and enforce the attendance of any person and examine him/her;
   • (b) require the discovery and production of any document; and
   • (c) requisition any public record or copy thereof from any office.
2. (3) Such officer or agency or person shall investigate into the matter as directed by the Commission and submit a report thereon within the time as may be specified by the Commission.
3. (4) The Commission shall satisfy itself about the correctness of the facts stated and the conclusions, if any, arrived at in the investigation report submitted to it under sub-section (3), and for this purpose the Commission may make such inquiry including the examination of the person or persons who conducted or assisted in the investigation, as it thinks fit. –8–

No statement made by a person in the course of giving evidence before the Commission or an officer or agency, referred to in clause

1. (a) or the person appointed under clause (b) of sub-section (1) of section 13, shall subject him/her to, or be used against him/her in any civil and/or criminal proceeding except a prosecution for giving false evidence by such statement: Provided that the statement is made in reply to a question which is required by the Commission or such officer or agency or such person to be answered and is relevant to the subject matter under investigation.

(1) Any registered voluntary organisation for women within the State may seek registration with the Commission for the purpose of this Act. The Commission may after satisfying itself in the manner deemed fit by the Commission about the value and role of such organisation in the society, include the name of such organisation in its register as may be prescribed.

1. (2) The Commission may maintain a register of registered voluntary organisations within the State and particularly women's organisations whose assistance it may seek in the discharge of its functions.
2. (3) A list of such organisations registered with the Commission shall be made available to any Court or authority or, on request, to the members of the general public.
3. (4) If for any reasons, to be recorded in writing, the Commission deems it fit to cancel the name of any organisation from its register, it may do so, after giving such organisation a reasonable opportunity of being heard.
4. (5) The decision of the Commission about such cancellation shall be final.

No prosecution or other legal proceedings shall lie against any member of the Commission or any officer or other employee of the Commission or any person acting under directions, either of the State Government or the Commission, in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any rules or orders made thereunder.