The ASSAM STATE COMMISSION FOR WOMEN ACT, 1994

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iv\ 
Registered No. A-12 
~ 
.... THE ASSAM GAZETIE 
lj"I '.Fil ~T~ Cf " 
EXTRAORDINARY_ 
~t: ~T~ qm !A11iai• 
P JBIL~SHED BY AUTHORl'IT 
.. )' 
--=========================-======== :1 ~ 56 fl1"T9.!~ - ~~<ll~ . 6 c~ . 1994, 16 <r?<T5t. 1916 t"!•) 
No. 56 Dispur. Friday. 6th May, :~ 94 . 16th Vtisakha. 
1916 (S.l~. ) 
GOVERID..IENT OF ASSAM 
ORDERS BY THE GOVERNOR 
LEGISLA TIVE DEPARTMENT: LEGISLATIVE BRANCll 
N OT IFICATION 
The 6th May 1994 
No.LGL. 117/93/74.-- T he following Act of tbe Aasam 
Legislative Assemb ly wJ:iich receiv ed the . assent.of th~ 
Govano r is her eby publish ed for general mformat1on . 
u 
730 TU ASSAM GAZETTE. EXTRAORD INARY _ 1·Y. 6, 1994 
ASSAM ACT NO. XXI OF 1994 
(Received the assent of the Governor o• 5th May , 1994) 
T HB ASSAM STAT E COMMISSION FOR WOME N 
AO'f, 1994 
AN 
ACT 
to constitut e an Assam State Commiasion for Woruoa and 
to pro Tidc for matt ers conn ected therewith or iaoidcntal thereto. 
Preamble . Whereas it is e ~ pc dient to provide fior the constitutio fl of a 
Short tit le, 
extent and 
commence• 
men t• 
D efin itio11 . 
C omm ission for further ing the fundamontal rights 1uar ant ed 
by Art icles 14, 15 and 16 of the Conatitution of India with 
respect to women and to sive effect to the Directive Princi· 
pies of State Policy and in particular 1hose enshrined in 
Articles 38, S9, 39A and 42 of the Constitution to Improve 
the statu s a nd dignity cf women ln the aoclety, to inves­
tigate inte and tak e or suggest suitable remedi al measures 
against pHcticca derogator y to w9men, to effectively monit or 
and lm plement lawa affecti ng women and to advise G ovr~ n · 
roen t Bil d all matters rela ted to the improvemeat and uphft · 
ment of sta tus an d dignity of women 1n the 1oeie1y. 
It is bere hy enacted in tht> Forty -fifth Year of tl:e 
Republic of IRdia as follows: -
CHAPTER-I 
1.(1} T bisj Act may be called the Assam State Commi· 
ssion for Women Act, 1994. 
(2) It oxtend1 fo r the wbol..! of Assam 
(3) lt SbalJ Come into force Oln BUCh date as the 
State Government may , by notificati•n in Official 
Gazette, appoint. 
2. Tn th is Act unless '. he c0n ;ext otltet wise r equires,­
(a) "Chairperson" mea ns t he Cha irper1on appoint ed 
under t his Act and includes the Vice·Ob.airporson ; 
(b) "Commission" means the Assam State Commis sion 
for wome n constitated un der Section 3 of this Act · 
(c) "Const itution" means the Constitutio n of Indi a ·' 
{d) " M ember" moans a Member of tbe Commi1sion a~d 
inclu des t be Me mber-Secretary ; 
{,e) "Prescribed" m e a n~ presc1ib•d bJ rcks made under 
t his A ct. 
I 
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THE ASSAM GAZETTE, EXTRAORDINARY , "MAY 6, 1994 731 
Cons ti tu tion 
of the Assam 
State Comi• 
mission for 
Women. 
j 
T cl' m of 
office and 
conditions of 
service of 
Chairperson 
and Mcm• 
be rs. 
CHAPTER -U 
THE ASSAM STATE COMMbSION FOR WOMEN 
3. (1) The State Government shall, by notification in the 
Official Gazette. constitute a Commission to be known 
as •he Aasam S'ate C•mwission for W emeu. 
(2} The Coamissioa shall consisi of the following ~­
(a) Tho Chairperson ; 
(~) The Vice-Chai11pcrson; 
to be aominated by the Stats Government. 
(3} Seven Members tCJ be appoint ed by tho State Govern· 
ment of whom aUeast one shall bolong to the Sche­
duled Castcs/Scohcduled Tribes from amongst persons 
of ability a•d integrity and who have sened the 
cause of women or have had experience in law or 
administration concern ing the ad\'ancement of wemen 
or leadership of any voluntary organ isation for women 
for protection and premotien of commcin inierest of 
women. 
(4) A MomtJtr-SCcretary, to be nominated by the State 
Geveramea t, who shall be-
(i) an export in the field of mana1 ement, organisa­
tional .1tructure of socioleaieal movement, or 
(ii) an officer who is a member of a Civil Service 
of the State or bolEls a civil pest under the State 
with appropriate experience. 
4. (1) The Chairperson and every Member shall held ollict 
fer such period not exceeding three years, as may 
be specified by the State Oovernmant in this ~ehalf. 
- fu •. 
(2) The Chairperso n or a Member other than the 
Member-Secretary may, by writing . and addressed t• 
the State Oovcrameat, resign from the office of the 
Olaairperson, as the case ma7 be, of the Memllte1 at 
any time . 
fh .. - .. . ~ ~ il3-~~ ' ,:;£.T5~ ~ • . == -~er• 
732 THE ASSAM GAZETTE , EXTRAORD T.!:\IARY, ?AA Y 6, 1994 
(3) The State G overnment shall remove a person from 
tile office of the Chairperson or the Mem ber if that 
.,,erson-
(a) becomes an uudischarged iasolvent ; 
(b) is convicted and senten ced to imprisonment for an 
offence which in the opinion of the State Gov fr nment 
involves moral turpitude; 
(e) become• of unsound mind and stands so declared 
by a compete& t ceurt ; 
(d) refuses to act or becomes incapable ef acting ; 
(e) is, without obtaining leave of absc:nce from the 
Commissi-0n, absent fro m three com ccu tivc: meetings 
of the Commission ; or 
{t) in the opinion ot' the State Government, bas so 
abused the position of Chai rpers on o r Memlter as 
to render tha! pcnon'& coniiouance in office det1imeatal 
to the public int erest : 
Pro•ided that uo perso n shall be removed u11der this 
. f'' 1ub-scction until that person b~s beca given a reasoaable 
opporcunity of being hi;-ard in the matter. 
Officers and 
other em­
ployees of 
the Commi· 
11ion. 
(4) A vacancJ caua ed- under sub-section (2) or other­
wise shall bo filled by freah nonjination . 
(S) The remune rat ion and allowances payable to and the 
other terms and conditions of service of, the Chair­
person and Members shall be such a• may be 
prcscribcli. 
5. (l} The State Goveroment s1'sll pr0vide 
1sion with such officers and employees 
11ecessary for the efficient performance of 
of the Commi :ision under this Act. 
the Commi· 
as may be 
the function• 
(2) The remuneration a d other allowances paf able to 
and the ether terma and condiiioss of senice of 
the officers aud other employe es appointed for the 
purpose of the cemm issiQQ ahall be st:ch a11 maJ bo 
prescribe• , 
THE ASSAM GAZETTE , EXTRAORDINARY, M~ Y 6, 1994 73'3 
.Remunera· 6. The remuo ration and oth'!r allowances payable to 
tiohn 11a~d the Chairpers 0ct ·rnd M i::mbcrs aoei the adminis trative ex-
ot er a owa- . l d" II d . bl t"' nces to be prnses, me u mg a owa nces aa penuon 1 paya e .. to .. e 
paid out of officer s and ()ther emplo j ces refer rt d to in section 5, shall be 
grants. paid out cf tl:e g•a nts referre d to in sub-section (1) of 
section 11. 
I 
Vacattdes, 7. No a ct or Froeee j ing of the Commission 11hall be 
etc. no >. to . d 1 lJ b . l"d h d 1 f h inn\idate que!ltlonc or s 1a, e mva 1 on t e gr oun mere y o t e 
proceedings existence of any vacancy or defect in the ConHitution of the 
of the C11m- C0mmi5Sion 
mission. 
Committees 
of the Com­
mission. 
Proeedure 
to be regu­
lared by th e 
Commissio n. 
8. (1 ) The Commission may appoint auch committees 
as may be nec:!ssary for ot ali i• g with such special 
ii< sues as may be tabn up by the Commission 
fr om time to time. 
(2} The Commission shall have tbe power to co-opt 
as members of any commit 1ee appointed under 
sub-section (I) sucll number of nersons, who are 
no t Members of the Commissl cn, 1ts it may thinltt 
fit and the persons so co-opted shall have the 
•ight to attend the meetings of the committee 
and tat, part in its procee dings but shall not 
hav i: the right to vote. 
(3) The persons co-opted under sub-section (2) shall 
he entitled to receive 1uch allowances for atten­
d in: the meeting of •h" cpmmittee as may be 
prescribed. 
9. (I ) The Commission or a committee thereof shall 
meet as and when neoessary and sha lt meet at 
s11ch time and place a• the Cb:iirpersen ma7 
think fit. 
(2) The Comm ission sh all regulate iCs own procedure 
and the procedure of the oommlttee1 thereof. 
(3) All orders and decisions ef tbe Commission shall 
be authenticat td by the Member-Secretary or any 
ot her officer of the Commission oulJ authorised 
by the :Member-Secretary in this behalf. · 
734 TH:& ASSAM GAZETTE EXTRAORDINARY. MAY 6, 1~4 
Functions 
of the 
Commiuion. 
.. 
CHAPTER·III 
FUNCTIONS OF THB COMMISSION 
10. (1) The Commission shall perfoJ!m all or any of the 
following functions, namely:-
(a) investigate and examine all matt ers · r~! ating to the 
safeguards provided for women under the Consti­
tution and other laws ; 
(b) presen t to tho State Government, annually and at 
such other times as tbe Commissi on ma)' deem 
fit, re ports upon the working of tb.ese safeguards ; 
, 
(c) .wake in such rep1nts recommendatioaa for the 
effective implementat ion of those safeguards for 
improving the conditions of women by the State ; 
(d) re"iew, from time to time, the o:dsting provisions 
of the Constitution and other Jaws affecting women 
and recom mend amen dments thereto EO as to 1ug· 
gest remedial lagi•la tive measures to meet any 
lacunae, inadequacies of shortcomings in such legis­
lations ~ 
(e) take up the caaes ef violation of the prevmons 
of the Constitution and of other law• 1elatin1 t• 
women with the appropriate autkol'ities; 
(f) look into complaints and take swo moto notice of 
r1 .maiters relating to c-
(i)J,deprivatlnn of women's rigt&ts ; 
(Ii) aen·implementation of laws enacte to provide 
proteot ion 10 women and alse to achieve the ob­
jective of equality and develop rr ent ; 
(iii) non-compliance of policy decisions; guidelines or 
instructions, aimed at mitigating hard1hipa and 
ensuring welfare and providing relief to wemen 
and take up the issues arising out of such matteu 
with appropriate authorities ; 
(g) call for special studies or investigation• into sp eci • 
fie problems or situations arising out of dissrimlna­
tion and atrocitks against women and identify the 
constraints so as to reco!!!melld strategies for t}leir 
remo"._al .; 
l 
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TH'S i~SSAM GAZETTE , EXTRAORDH~ ARY, MAY 6, 1994 735 
(h) 
(i) 
I (j) 
undertake prem otionaJ and educational research so 
as to suggest ways of ensu ring due representation of 
women io all spheres and identify factors responsible 
for impedin g their advancement, such as, lack of 
access to housing and bas ic service, inadequate support 
services and techu ologies for reduciog drudaery and 
occupational health hazard s and for increa1io1 their 
productivity ; 
participate and advice on the planning process Qf 
socio-eco nomic deve!opmeiit of women ; 
evaluate the progress of the development of women 
under the State ; 
(k) inspect or cause to be inspec ted a j ail, remand home, 
women's institution or otheti place or custody where 
women are kept as prLoners or otherwise, and take 
up with the concerned authorities for remedial 
actien if found ncc .. ssaTy; 
(1) fund litigatien involving issues affecting a large body 
of wo men; · 
(m) mak e periodical rep orts to the Government on any 
matter l)Crtain ing to wom en and in particular vari. 
etUs difficulties under which Gtomen toil; 
(n) any other matter which may be refcl'l'ed to it by 
State Oovrmm ent. 
(l) The State Government shall cause all the reports 
referred to in clause (b) of sub-section (1) to be laid before 
the State Legislature alongwith a memorandum explaining 
the action taken or pro posed to be taken oo the recommenda­
ti ons relati ng to the Stat.; and th e reasons for the nen­
accep tance , if any, 0f any of such recommendation1. 
(3) The Commis sion shall, while invos tigatiag any matter 
refe; red to in sub-da use (i) or clau se (f) o'{ sub-section (1) , 
have a ll the powers of the civil coure trying a suit and , 
i n particul ar in resp ect of the followi ng matters, namely:-
(a) summ onin g ar: d eflforci11g the attendance of any 
perso n from any part of Assam and examining 
him on oa th ; 
(b) requi riu g th e discoverr ar. d produeti on of any 
docum en t; 
(c) receivi ng evid ence on affidavits ; 
(d) requis itioniiag any publi c recor d or copy thereof 
fr om any Court or office ; 
(e) issuing Commission s fo r the examination of witnesses 
and documents ; and 
(f) any oth er matter which may be presctibed. 
/ 
736 'J'I-IE_ A~-,::,AM GAZETTE, EXTRAORDINARY, MAY 6, 1994 
CHAP I'ER-IV 
FINANCE, ACCOUNTS AND AUDIT 
Grants by 11. (1) The State Oovernmen t shall after due appropria­
thGoe :state tion made by State Legislatu re in this behalf, pay to the 'lern• C .. ment. omm1suen by way ot gran ts ~uch sums of money as the 
Accounts 
and audit. 
State Government may think lit fer bei11g utili sed for the 
purpose of this Act . 
(2) The Comm ission may spen d sl,ch sums as it think 
fit for performing the functioDl! under this Act and sue.ti 
sums shall be treated as expenditure p&)able out of the 
grants referred to in 111b·1ection (I). 
12. (1) The Commission shall maintain proper acconnta 
and other ielevan t records and prepare an annual statement 
of accounts in suc l.l form as may be pre1iCribed by the State 
Government in cof\ sultation \'\ itb the Accoun tant G¢neral of 
Assam. 
(2) The Accounts of the Commission shall be audited 
by the Accountant Ge r;~ral a t such intervals as may be 
spt.cified by him and any expenditure incurred in connection 
with such audit shall be payable by the Commias ion to tho 
Account ant Ge neral of Assum. 
(3) The Accountant General or any person appointed 
by him in 'onn eciion with the audit of the accounts or the 
Commissio n undr r ibis Act sball have the same rights and 
privileges and the authority in connection with rnch audit as 
the Accountant General J!enerally bas in connection with the 
audit of Government c.ccounts and, io particular, shall have 
the right to demand the p1oduction of books, accounts, conneC:. 
ted vouchers and other documents and papers an i to inspect 
any of the offices of the Co wimission . 
. (4) The accounts of the Commission, ae ce1tified by the 
Accountant G11neral or any other perso n appointed by h im in 
this behalf, tog ther wit h tte audit repNt the reo n shall be 
for\\ar ded annually to tbe State Governme n1: by the Commi­
ssion. 
Ann u a 1 13. The Comm ission shall prepare in such fo rm and at 
report. such tim e, for each fi i.anci al year , as may be prtscribed, its 
annual rq:~rt giving n full account of its ac11vities during 
the previous financial year and forward e. copy •hereof te the 
State Government. 
Annaal 14. Tt.e. S•ate Govercment sh~ll c~use the annual report 
report and toget t er 11·1th a meu.o rand um ot ucuon take ;, ca the recom~ 
audit report 1Lend ati ons c ontai11~ d thaei n, in so fa r ar they relc.te to the 
~0 t be laid Sta te Govern men·, and tl-.e ~ easo r: s fer the D"''· accept ... nce, 
.4:s~:bly~he if an ~ , of any _o f such recomm r.nd ati o~ s an<l the ~ udit 
report to be laid as soon as may be afte t the reports are 
received, before the Assembly. 
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THE ASSAM GAZETTE, EXTRAORDiNARY, MAY 6, 1994 737 
CHAPTER-V 
MISCELLANEOUS 
C 'iairpers'>n, 15. The Chairperson, the Members, officers and 
Md m ~e f other employees of the Conmisaiog s\all b= deemed 
~~e c
5
!~m~- to be pJblic servut~ within tha meaning of Section Central Act­
s>ion to be 21 of the hdian Penal Code. 45 of 1860.' 
public scr· 
vent1:1. 
s t a t e Go- 16. The State Government shall consult the 
v~rnment co Commis~ion on all mijor p:>licy matters affecting 
consult Com· w:>men. 
mission. 
~~k;r~fc 1 ~ 0 17. (1) The Stat! Government may, by notifica-
tion in the Official Gazette, make rules for carrying 
out the provisions of this Act. 
12) In particular, and without preju1ice to 
the generality of the foregoing powers, sucti rules 
ma v provide for all or any of the following matters, 
namely:-
(a) remuneration and allowances payable to, 
and the other terms a11d C)nditlons of serv1c~ of 
the Chairperson and Members under sub- section ( 5 : 
ot Section 4 and officers and other employees under 
sub-section (2) of Seotion 5; 
(b) allowances for attending the m~etings of 
the colllmittee by the Co-opted pers:>O un1er sub­
s;ction (31 of Section 8; 
(c) other matters under clause (f) of sub­
section (3) of Section 10 ; 
(d) the form in which the annual sta 1ement 
of accJunts shall be maiatained u11der sub-section 
(i) 01 Sec tion 12; 
(e) the form ia, and the time at which the 
an nual report snail be preplred undu Sectio 1 13 
(f) any other matter whic -1 is require i to be, 
or may be, prcscri be.d. 
R epeal and 18. (I) The .\.ssam State Commission for Women Asaam Ordi­
Saving. Ordinance, 1~93 is hereby repealed. ~tn:r ! 9~~-
(2) Notwithstanding such repeal, anything 
d one or any acd:>n taken under the Ord inance S'l 
repealed sl1all be deemed to have been done or 
ra ken under the corresponding provisions of this 
Act. 
K. LASKAR, 
Secretary to the Govt. of Assam, 
Legislative Depa rtment. 
G UWA HAD-Print-d an:! p1 '>!i,hd by th~ D J· Director (P), Directorate of Pt 
aid, s~y.A;;an, G1,v 1'li '.i-2l lE t-.]a ~~ tt e) No.111·1005-40 0, 6-5. 196 

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