State Commission for Women Act, Gujarat Year 2002

(1) This Act may be called the Gujarat State Commission for Women Act, 2002. (2) It extends to the whole of the State of Gujarat. (3) It shall be deemed to have come into force on the 5th December, 2001.

In this Act, unless the context otherwise requires,-

(a) "Commission" means the Gujarat State Commission for Women constituted under section 3; (b) "member" means a member of the Commission and includes the Chairperson and the member secretary; (c) "prescribed" means prescribed by rules; (d) "women" includes female child and adolescent girl.

(1) The State Government shall, by notification in the Official Gazette, constitute a body to be known as "the Gujarat State Commission for Women". (2) The Commission shall consist of- (a) a Chairperson, who shall be an eminent woman committed to the causes of women, to be nominated by the State Government; (b) five members to be nominated by the State Government from amongst persons of ability, integrity and standing, who have served the cause of women and who have had sufficient knowledge and experience in law or legislation, sociology, advancement of women, nutrition, trade unionism, management of an industry or organisation committed to increase the employment potential of women, women's voluntary organisations, including women activists, administration, economic development, health, education or social welfare:

Provided that one member shall be from amongst persons belonging to the Scheduled Castes or Scheduled Tribes.

Provided further that one member shall be from amongst the advocates.

(c) following ex-officio members- (i) Director General of Police, Gujarat State; (ii) Secretary to Government, Women and Child Development Department; (iii) Secretary to Government, Finance Department; (iv) Secretary to Government, Legal Department; (v) Secretary to Government, Family Welfare, Health and Family Welfare Department; (d) one Member secretary, to be nominated by the State Government from amongst the officers of the State Government who is not below the rank of Joint Secretary to Government.

(1) The Chairperson and the members other than those nominated by virtue of their office shall hold office for a period of three years. (2) The salaries and allowances payable to, and the other terms and conditions of service of the Chairperson and the members, shall be such as may be prescribed.

The Chairperson or a member may at any time resign his office by writing under his hand addressed to the State Government and on such resignation being accepted, he shall be deemed to have vacated his office.

Notwithstanding anything contained in sub-section (1) of section 4, the State Government may remove the Chairperson, or as the case may be, a member from his office, if he— (a) is, or has become subject to any disqualification mentioned in section 7, (b) remains absent, without leave of the Commission, for more than three consecutive meetings of the Commission, (c) refuses to act or becomes incapable of acting, (d) in the opinion of the State Government, has so abused the position of the Chairperson or, as the case may be, member, as to render his continuance in office detrimental to the public interest, or is otherwise unfit or unsuitable to continue as such Chairperson or, as the case may be, member. Provided that the Chairperson or, as the case may be, any member shall not be removed under this clause until he has been given a reasonable opportunity of being heard.

A person shall be disqualified for being nominated as or for being a Chairperson or a non official member, if he—

(a) is or 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.

A vacancy arising by reason of death, resignation or removing of the Chairperson or any member under section 6 or otherwise shall be filled up in accordance with the provisions contained in section 3.

(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 salaries and allowances payable to, and the other terms and conditions of service of the officers and other employees, shall be such as may be prescribed.

The salaries and allowances payable to the Chairperson and members and the administrative expenses, including salaries and allowances payable to the officers and other employees, shall be paid out of the grants made to the Commission under section 18.

(1) No act or proceeding of the Commission shall be questioned or invalid on the ground merely of the existence of any vacancy in, or any defect in the constitution of the Commission.

(2) No act done by any person acting in good faith as Chairperson or member shall be deemed to be invalid merely on the ground that he was disqualified to be a Chairperson or a member or that there was any other defect in his nomination.

(1) The Commission may, for the purpose of transacting any business before it or for any special issue, constitute an ad hoc committee consisting of—

(a) not more than two members of the Commission, and

(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 in her absence any other member shall preside over the meeting of the Committee.

(3) 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.

(4) The person so associated shall be entitled to receive such allowances for attending the meeting of the Committee at such rate as may be prescribed.

(1) The Commission or ad hoc Committee thereof shall meet at such time and such place as the Chairperson may think fit.

Provided that the Commission shall meet at least every quarter.

(2) The Commission shall determine procedure in regard to transaction of its business at its meeting and meetings of the ad hoc committee appointed under section 12.

(3) Any order or decision of the Commission shall be authenticated by the member secretary or any other officer of the Commission authorised in this behalf by the Chairperson.

(1) The Commission shall have the following functions, namely:—

(a) to examine all matters relating to the safeguards provided for women under the Constitution of India and other laws.

(b) to present to the State Government annually and at such other times as the Commission may think fit, reports upon the working of such safeguards.

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

(d) to review from time to time, the existing provisions of laws relating to women and recommend amendments therein for the purpose of providing remedial legislative measures to meet with inadequate provisions of such laws.

(e) to take up the cases of violation of the provisions of the Constitution of India and of other laws relating to women with the appropriate authorities.

(f) to look into complaints and take suo motu notice of matters relating—

(i) deprivation of women's rights.

(ii) non implementation of laws enacted to provide protection to women and to achieve the objects 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.

(g) to call for special studies or investigations into specific problems or situations arising out of discrimination and atrocities against women and to identify the constraints so as to recommend strategies for their removal.

(h) to undertake promotional and educational research for the purposes of—

(i) suggesting ways of ensuring due representation of women in all spheres.

(ii) identifying factors responsible for impeding their advancement, such as, lack of access to housing and basic services, inadequate support services and technology for reducing drudgery and occupational health hazards and for increasing their productivity.

(i) to participate and advise on the planning of socio-economic development of women.

(j) to evaluate the progress of the development of women under the State.

(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 to take up with the concerned authorities for remedial action if necessary.

(l) to provide fund for litigation involving issues affecting a large body of women.

(m) to endeavour to promote through the media a more positive image or balanced depiction of women in society and continuously to interact, and try to educate the public opinion through media to enhance sensitivity to gender issues and bring about gender parity.

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

The Commission shall, for the purposes 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 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) i.e. requisitioning any public records or copy thereof from any public office.

(e) issuing commissions for examination of witnesses.

Provided that the Commission shall not exercise aforesaid powers in respect of the matter which might be in conflict with said matter pending before the court of law.

The State Government may consult the Commission in respect of major policy matters affecting women.

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

(1) The State Government shall pay such amount to the Commission by way of grants, as it may think fit for the purposes of this Act.

(2) The Commission may, with the previous sanction of the Sate Government and subject to such terms and conditions as may be specified in this behalf by the Government accept funds from any national or international organisation working in the field of women and child development for achieving the objects of this Act.

(3) The Commission may spend such sums as it thinks fit for the performance of the functions under this Act out of the grants made to it and such sum shall be treated as the expenditure out of the grants.

(1) The Commission shall, before such date as may be specified by the State Government, in each year, prepare and forward to the State Government— (i) a programme of work for the next year; (ii) an annual statement of accounts for the next year. (2) The programme of its work shall contain— (i) activities to be taken during the succeeding year; (ii) such other particulars as may be prescribed. (3) The annual statement of accounts shall contain a statement showing the receipt and expenditure on capital and revenue accounts for the next year. (4) The State Government may sanction the programme and the annual statement of accounts forwarded to it with such modification as it thinks fit. (5) The annual statement of accounts shall be prepared in such form as may be prescribed in consultation with the Accountant General of the State of Gujarat.

(1) The Commission shall maintain proper accounts and other relevant record in such manner as may be prescribed. (2) The accounts of the Commission shall be audited by the Accountant General of the State at such intervals as may be specified by him, and any expenditure incurred in connection with such audit shall be payable by the Commission to the Accountant General. (3) The Accountant General and any person appointed by him for the purpose of the audit of the accounts of the Commission under this Act shall have the same right and the privileges and the authority for such audit as the Accountant General generally has for such audit of the Government accounts, and in particular, shall have the right to demand 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 duly appointed by him in this behalf together with the audit report thereon, shall be forwarded annually to the State Government.

(1) Notwithstanding anything contained in section 20, the State Government may order that there shall be a concurrent audit of the accounts of the Commission by such person, as it thinks fit. The State Government may also direct a special audit to be made by such person, as it thinks fit, of the accounts of the Commission relating to any particular transaction or a class of series of transactions or to a particular period. (2) When an order is made under sub-section (1), the Commission shall present or cause to be presented for audit such accounts and shall furnish to the person appointed under sub-section (1) such information as the said person may require for the purpose of audit.

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

(1) The State Government shall cause— (i) the annual report together with a memorandum of action taken on the recommendations contained therein, in so far as they relate to the State Government and the reasons for non-acceptance, if any, of such recommendation, and (ii) the audit report, to be laid as soon as may be, after the reports are received, before the State Legislature.

The Chairperson, 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.

(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 power, such rules may provide for all or any of the following matters, namely:—

(a) salaries and allowances payable to, and other terms and conditions of services of, the Chairperson and members, officers and other employees under sub-section (2) of section 9.

(b) allowances payable for attending the meeting of the ad hoc committee by the persons appointed under sub-section (4) of section 12.

(c) particulars of programmes of the work of Commission to be submitted to the State Government under sub-section (1) of section 19.

(d) the form in which the annual statement of accounts shall be maintained under sub-section (3) of section 19.

(e) the maintenance of accounts and other relevant record under sub-section (1) of section 20.

(f) any other matter which is to be or may be prescribed under this Act.

(3) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be after they are made and shall be subject to rescission by the State Legislature or to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.

(4) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette, and shall thereupon take effect.

(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provision not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the difficulty.

Provided that no such order shall be made after the expiry of five years from the date of commencement of this Act.

(2) Every order made under this section shall, as soon as may be after it is made, be laid before the State Legislature.

The State Government may, if it thinks fit, give directions to the Commission for carrying out execution of any of the provisions of this Act and the Commission shall be bound by such directions.

(1) The Gujarat State Commission for Women Ordinance, 2002 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.