Functions of Commission

The Mizoram State Commission for Women Act, 2004

General200418 sections

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Statutory text

(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) 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
(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) 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
(3) without prior consultation in writing with the Commission.
(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.

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