The Mizoram State Commission for Women Act, 2004

1. (1) This Act may be called the Mizoram State Commission for Women Act, 2004.
2. (2) It shall extend to the whole of the State of Mizoram.
3. (3) It shall come into force on such date as the State Government may, by notification in Official Gazette, appoint.

In this Act unless the context otherwise requires:-

1. (a) "Chairperson" means the Chairperson appointed under this Act;
2. (b) "Commission" means the Mizoram State Commission for Women constituted under section 3 of this Act;
3. (c) "Constitution" means the Constitution of India;
4. (d) "Member" means a Member of the Commission and includes the Member-Secretary;
5. (e) "National Commission for Women" means the National Commission for women constituted Under section 3 of the National Commission for women Act, 1990 ( Central Act 20 of 1990);
6. (f) "prescribed" means prescribed by rules made Under this Act;
7. (g) "Women" includes adolescent girl or female child.

1. (1) The State Government may, by notification in the official Gazette, constitute a body to be known as the Mizoram State Commission for Women, to exercise the powers conferred on, and to perform the functions assigned to it under this Act and the Rules framed thereunder.
2. (2) The Commission shall consist of -
   • (a) a Chairperson committed to the cause of women, to be nominated by the State Government;
   • (b) seven women members to be nominated in writing by the State Government from amongst persons of ability, integrity and standing, who have served the cause of women or have had experience in law or legislation, trade unionism, management of an industry or organisation committed to increasing the employment potential amongst men, women's voluntary organisation, administration, economic development, health, education or social welfare;
   • (c) a Member-Secretary, to be nominated by the State Government, who shall be -
     • (i) an expert in the field of management, organisational movement or administration; or
     • (ii) an officer of the State Government with adequate experience.

1. (1) The Chairperson and every member (other than the Member-Secretary) shall hold office for such period, not exceeding three years, as may be fixed by the State Government in this behalf.
2. (2) The Chairperson or a member of the Commission other than the Member-Secretary may, by writing and addressed to the State Government, resign his/her office.
3. (3) The State Government may remove a person from the office of Chairperson or member other than the Member-Secretary, if that person -
   • (a) becomes an undischarged insolvent, or
   • (b) gets convicted and sentenced to imprisonment for an offence which involves moral turpitude, or
   • (c) becomes of unsound mind and stands so declared by a competent court; or
   • (d) becomes incapable of acting, or
   • (e) without obtaining leave of absence from the Commission, absents from three consecutive meetings of the Commission; or
   • (f) in the opinion of the State Government has abused the position of Chairperson or of member to render that person's continuance in the 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. (4) A vacancy caused under sub-section
5. (2) or otherwise may be filled by a nomination or appointment, as the case may be.
6. (5) The salaries and allowances payable to, and other terms and conditions of service of the Chairperson and Members shall be such as may be prescribed.

1. (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. (2) The 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.

No act or proceeding of the Commission or Committee thereof shall be questioned or shall be invalid on the ground merely of the existence of any vacancy in, or any defect in the constitution of, such Commission or such Committee.

1. (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. (2) The Commission shall regulate its own procedure and the procedure of the committee thereof.
3. (3) All orders and decisions of the Commission shall be authenticated by the Member-Secretary or in his absence, by any other officer of the Commission as may be authorised in writing by the Chairperson in this behalf.

1. (1) Subject to the provisions of this Act the Commission shall perform all or any of the following functions, namely :-
   • (a) to investigate and examine all matters relative to the safeguards provided for women under the Constitution and other laws and steps to be taken by the State Government for the enforcement of such safeguards.
   • (b) to review, from time to time, the existing provisions of the Constitution and other laws affecting women and recommend amendments so as to suggest suggestive legislative measures to meet any lacunae, inadequacies or shortcomings in such legislation;
   • (c) to take up cases of violation of the provisions of the Constitution and of other laws relating to women with the appropriate authorities;
   • (d) 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;
   • (e) to call for special studies or investigations into specific problems or situations arising out of discrimination or atrocities against women and identify the constraints so as to recommend strategies for their removal;
   • (f) to undertake promotional and educational research so as to suggest ways of ensuring due representation of women in all spheres of life and identify factors responsible for impeding their striving 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;
   • (g) to participate and advise on the planning process of socio-economic development of women;
   • (h) to evaluate the progress of the development of women under the State;
     • (i) to visit 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 remedial action, if found necessary;
   • (j) to fund litigation involving issues affecting a large group or groups of women;
   • (k) to make periodical reports to the Government on any matter pertaining to women and in particular various difficulties under which women toil;
   • (l) any other matter which may be referred to it by the Central Government or the National Commission for Women.
2. (2) The Commission shall, while investigating any matter referred to in clause
   • (a) or sub-clause
     • (i) of clause
   • (d) of sub-section (1), have all the powers of a civil court trying a suit under the existing laws and, in respect of the following matters, namely :-
   • (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath;
   • (b) requiring the discovery and production of any document;
   • (c) receiving evidence on affidavit;
   • (d) any other matter which may be prescribed. (3)
   • (a) On any investigation mentioned in clause
   • (a) or sub-clauses
     • (i) and
     • (ii) of clause
   • (d) of sub-section
3. (1) being completed, the Commission while taking up the matter with the State Government or the appropriate authority under clause
   • (c) or clause
   • (d) of sub-section (1), may recommend to the State Government or the appropriate authority, as the case may be, to institute legal proceedings or prosecution in the matter and may also recommend to the State Government or the appropriate authority to appoint a counsel or special prosecutor for the conduct of any such legal proceedings or action; and the State Government may, having regard to the nature of the case and on being satisfied that it is so required, for the appointment of a counsel or special prosecutor, it may do so.
   • (b) The State Government or the appropriate authority shall inform the Commission from time to time the progress of any such legal proceeding or prosecution filed on the recommendation of the Commission.
4. (4) The State Government or the appropriate authority as the case may be, shall not apply for withdrawal of any such case or proceeding instituted under sub-section
5. (3) without prior consultation in writing with the Commission.
6. (5) It shall be the duty of the Commission to furnish comments and recommendations on any report of the National Commission for Women on any matter with which the State Government is concerned as that Government may call for.

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

1. (1) The Commission may, for the purposes of investigations under this Act, utilise the services of, -
   • (a) any officer or investigating agency of the State Government with the concurrence of that Government, or
   • (b) any other person.
2. (2) For the purpose of conducting investigation, any officer or agency referred to in clause
   • (a) of sub-section
3. (1) may, under the direction and control of the Commission, -
   • (a) summon and enforce the attendance of any person and examine him;
   • (b) require the discovery and production of any documents; and
   • (c) requisition any public document or copy thereof from any office.
4. (3) Such officer or agency or the person shall investigate into the matter as directed by the Commission and submit a report thereon (in this section referred to as the investigation report), to the Commission within such time or extended period as may be specified or extended by the Commission in this behalf.
5. (4) The Commission shall satisfy itself about the correctness of the facts stated and the conclusion, if any, arrived at in the investigation report.

Statement made by persons to the Commission - Provided that the statement made by a person in the course of giving evidence before the Commission shall not subject him to, or be used against him in any civil or criminal proceeding except in a prosecution for giving false evidence by such statement ; Provided that the statement -

1. (a) is made in reply to a question which is required by the Commission or such officer or investigating agency or such person by the Commission, or
2. (b) is relevant to the subject matter under investigation.

1. (1) Any voluntary organisation from within the State may seek registration with the Commission for the purpose of this Act. The Commission may, after satisfying itself of the credentials and efficacy of such organisation in the society, include the name of such organisation in its register.
2. (2) The Commission may maintain a register of voluntary organisations within the State, more particularly women's organisations whose assistance it may seek for the discharge of its functions.
3. (3) In discharge of its functions, the Commission may seek the assistance of any voluntary organisations within the State, more particularly, the women's organisations.
4. (4) A list of such organisations registered with the Commission shall be made available to any concerned authority and, on request, to the members of the public.
5. (5) 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 due opportunity to be heard.
6. (6) The decision of the Commission about such cancellation shall be final.

1. (1) The State Government shall, after due appropriation made by the State legislature by law in this behalf, pay to the Commission by way of grants from the Consolidated Fund of the State, such sums of money as the State Government may think fit for being utilised for the purposes of this Act.
2. (2) The Commission may spend such sums as it thinks fit for performing the functions under this Act, and such expenditure shall be treated as expenditure payable out of the grants referred to in sub-section (1).

1. (1) The Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts.
2. (2) The annual accounts of the Commission shall be audited by the Accountant General of the State in such manner as may be prescribed by him and any expenditure incurred in connection with such audit shall be payable by the Commission to the Accountant General.
3. (3) The Accountant General and any person appointed by him in connection with the auditing of the accounts of the Commission under this Act, shall have the same right 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. (4) The accounts of the Commission, as certified by the Accountant General or any other person duly appointed or authorized by him in this behalf, together with the audit report thereon, shall be forwarded annually to the State Government by the Commission.

The State Government shall cause the annual report together with the reports as may be made under sub-section

1. (1) of section 10 along with the memorandum of action taken or proposed to be taken on recommendation laid therein, insofar as they relate to the State Government and the reasons for the non-acceptance, if any, of such recommendation and the audit report to be laid as soon as may be after the reports is received, before the State Legislative Assembly.

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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 provisions not inconsistent with the provisions of this Act as appears to it to be necessary or expedient for removal of the difficulty.

The provisions of this Act or the rules made there under shall be in addition to and not in derogation of other law with the provisions of National Commission for Women Act, 1990 (Central Act No.20 of 1990).