The Chhattisgarh Rajya Mahila Ayog Adhiniyam, 1995.

The M.P. Rajya Mahila Ayog Adhiniyam, 1995
MADHYA PRADESH
India
The M.P. Rajya Mahila Ayog Adhiniyam, 1995
Act 20 of 1996
Published on 5 December 1996• 
Commenced on 5 December 1996• 
[This is the version of this document from 5 December 1996.]• 
[Note: The original publication document is not available and this content could not be
verified.]
• 
The M.P. Rajya Mahila Ayog Adhiniyam, 1995M.P. Act No. 20 of 1996[Dated 5th December,
1996]Received the assent of the President on 5-12-1996; assent first published in the "Madhya
Pradesh Gazette (Extraordinary)", dated 13-12-1996.An Act to constitute a State Commission for
Women and to provide for matters connected therewith or incidental thereto.Be it enacted by the
Madhya Pradesh Legislature in the Forty-sixth Year of the Republic of India as follows :-Chapter-I
Preliminary
1. Short title, extent and commencement.
(1)This Act may be called the Madhya Pradesh Rajya Mahila Ayog Adhiniyam, 1995.(2)It extends to
the whole of the State of Madhya Pradesh.(3)It shall come into force on such date as the State
Government may, by notification appoint.
2. Definitions.
- In this Act, unless the context otherwise requires :-(a)"Commission" means the State Commission
for Women constituted under Section 3;(b)"Member" means a Member of the
Commission.Chapter-II The State Commission for Women
3. Constitution of State Commission for Women.
(1)The State Government shall, by notification in the Official Gazette, constitute a body to be known
as the "Madhya Pradesh State Commission for Women" to exercise the powers conferred on, and to
perform the functions assigned to it under this Act.(2)The Commission shall consist of-(a)a
Chairperson, who shall be an eminent woman social worker or a professional committed to the
cause of women, to be nominated by the State Government;(b)Six members to be nominated by the
State Government from amongst person of ability, integrity and standing, of whom-(i)one shall be
an official;(ii)one shall be an eminent Advocate;(iii)two shall be social workers of repute; and(iv)two
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shall be experts in education and health :Provided that out of the six Members one shall be from
Scheduled Castes, Scheduled Tribes and Other Backward Classes respectively.(3)An officer not
below the rank of a Deputy Secretary to the Government of Madhya Pradesh shall be the Member
Secretary of the Commission.
4. Term of Office and conditions of Service of Chairperson and Members.
(1)The Chairperson and every member shall hold office for such period, not exceeding three years,
as may be specified by the State Government in this behalf.(2)The Chairperson or a Member (other
than the official Member) may, by writing and addressed to the State Government, resign from the
office of Chairperson or as the case may be, of the Member at any time.(3)The State Government
shall remove a person from the Office of Chairperson or a Member referred to in sub-section (2) if
that person-(a)becomes an undischarged insolvent;(b)is convicted and sentenced to imprisonment
for an offence involving moral turpitude;(c)becomes of unsound mind and stands so declared by a
competent Court;(d)refuses to act or becomes incapable of acting;(e)is, without obtaining leave of
absence from the Commission, absent from three consecutive meetings of the Commission; or(f)in
the opinion of the State Government, has so abused the position of Chairperson or Member as to
render his continuance in office detrimental to the public interest :Provided that, no person shall be
removed under this clause until he has been given a reasonable opportunity of being heard in the
matter.(4)A vacancy caused under sub-section (2) or otherwise shall be filled by fresh nominations
by the State Government and the person so nominated shall hold office for the remainder of the
term of office of the person in whose vacancy such person has been nominated.(5)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.
5. Officers and other employees of Commission.
(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 other 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.
6. Salaries and allowances to be paid out of grants.
- The salaries and allowances payable to the Chairperson and Members and the administrative
expenses, including salaries, allowances and pensions payable to the officers and other employees
shall be paid out of the grants referred to in sub-section (1) of Section 11.
7. Vacancies, etc. not to invalidate proceedings of Commission.
- No act or proceeding of the Commission shall be questioned or shall be invalid on the ground
merely of the existence of any vacancy or defect in the constitution of the Commission.
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8. Committees.
(1)The Commission may appoint such committees as may be necessary for dealing with such special
issue as may be taken up by the Commission from time to time.(2)The Commission shall have the
power to co-opt as members of any committee appointed under sub-section (1) such number of
persons, who are not Members of the Commission, as it may think fit and the person so co-opted
shall have the right to attend the meetings of the Commission and take part in its proceedings but
shall not have the right to vote.(3)The persons so co-opted shall be entitled to receive such
allowances for attending the Meetings of the Committee as may be prescribed.
9. Procedure to be regulated by Commission.
(1)The Commission or a committee thereof shall meet at least twice in each year at such time and
place as the chairperson may think fit.(2)The Commission shall regulate its own procedure and the
procedure of the Committees thereof.(3)All orders and decisions of the Commission shall be
authenticated by the Member Secretary or any other Officer of the Commission duly authorised by
the Member Secretary in this behalf.Chapter-III Functions of the Commission
10. Functions of the Commission.
(1)The Commission shall be perform all or any of the following functions, namely :-(a)investigate
and examine all matters relating to the safeguards provided 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 upon the working of those safeguards;(c)take up the cases of violation of the
provisions of the Constitution and of other laws relating to women with the appropriate
authorities;(d)participate and advise on the planning process of socio-economic development of
women;(e)fund litigation involving issues affecting a large body of women;(f)make in-depth studies
on-(i)the economic, educational and health situation of the women of the State with particular
emphasis on the tribal districts and areas which are underdeveloped with respect to women's
literacy, mortality and economic development;(ii)conditions in which women work in factories,
establishments, construction sites and other similar situations, and recommend to the State
Government on the basis of specific reports for improving the status of women in the said
areas;(g)compile information, from time to time, on instances of all offences against women in the
State, or in selected areas, including cases related to marriage and dowry, rape, kidnapping,
abduction, eveteasing, immoral trafficking in women and cases of medical negligence in causing
delivery or sterilisation or medical intervention that relates to child bearing or child
birth;(h)co-ordinate with the State Cell and District Cells for atrocities against women, if any, for
mobilisation of public opinion in the State as a whole or in specific areas which would help in speedy
reporting and detection of offences of such atrocities and mobilisation of public opinion against the
offenders:(i)receive complaints on-(i)atrocities on women and offences against
women;(ii)deprivation of women of their rights relating to minimum wages, basic health and
maternity rights;(iii)non-compliance of policy decisions of the State Government relating to
women;(iv)rehabilitation of deserted and destitute women and women forced into
prostitution;(v)atrocities on women in custody; and take up with authorities concerned appropriate
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remedial measures.(j)assist, train and orient the non-Government organisations in the State in legal
counselling of poor women and enabling such women to get legal aid;(k)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 and take up with the concerned authorities for remedial action, if
found necessary;(l)perform functions relating to any other matter which may be referred to it by the
State Government.(2)The State Government shall cause all the recommendations or reports, as may
be presented to it by the Commission under sub-section (1), to be laid before the Legislature of the
State alongwith a memorandum explaining the action taken or proposed to be taken on the
recommendations of the Commission and the reasons for the non-acceptance, if any, of any of the
such recommendations.(3)The Commission shall while investigating any matter referred to in clause
(1) or (i) of sub-section (1) have all the powers of a Civil Court trying a suit and in particular in
respect of the following matters, namely :-(a)summoning and enforcing the attendance of any
person and examining him on oath;(b)requiring the discovery and production of any
document;(c)receiving evidence on affidavits;(d)requisitioning any public record or copy thereof
from any Court or office;(e)issuing commissions for the examination of witnesses and documents;
and(f)any other matter which may be prescribed.Chapter-IV Finance, Accounts and Audit
11. Grants by State Government.
(1)The State Government shall after due appropriation made by the Legislative Assembly by law in
this behalf, pay to the Commission by way of grants such sums of money as the State Government
may think fit for being utilised for the purposes of this Act.(2)The Commission may spend such
sums as it thinks fit for performing the functions under this Act, and such sums shall be treated as
expenditure payable out of the grants referred to in sub-section (1).
12. Accounts and audit.
(1)The Commission shall maintain proper accounts and other relevant records and prepare an
annual statement of accounts in such form as may be prescribed by the State Government, in
consultation with the Accountant General, Madhya Pradesh.(2)The Accounts of the Commission
shall be audited by the Accountant-General 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 in connection
with the audit of the accounts of the Commission under this Act shall have the same rights 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)The accounts of the Commission as certified
by the Accountant General or any other person appointed by him in this behalf together with the
audit report thereon shall be forwarded annually to the State Government by the Commission.
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13. Annual report.
- The Commission shall prepare, in such form and at such time, for each financial year as may be
prescribed, it annual report giving a lull account of its activities during the previous financial year
and forward a copy thereof to the State Government.
14. Annual report and audit report to be laid.
- The State Government shall cause the annual report together with a memorandum of action taken
on the recommendations contained therein and the reasons for the non-acceptance, if any, of any of
such recommendations and the audit report to be laid, as soon as may be after the reports are
received, before the Legislative Assembly.Chapter-V Miscellaneous
15. Chairperson, Members and Stall of Commission to be public servants.
- The Chairperson, the Members, Officers and other employees of the Commission shall be deemed
to be public servants within the meaning of Section 21 of the Indian Penal Code, 1860 (45 of 1860).
16. State Government to consult Commission.
- The State Government shall consult the Commission on all major policy matters affecting women.
17. Power to make rules.
(1)The State Government may, by notification, make rules for carrying out the provisions of this
Act.(2)In particular and without prejudice to the generality of the foregoing powers, such rules may
provide for all or any of the following matters, namely :-(a)salaries and allowances payable to, and
the other terms and conditions of service of the Chairperson and members under sub-section (5) of
Section 4 and of officers and other employees under sub-section (2) of Section 5;(b)allowances for
attending the meetings for the committee by the co-opted persons under sub-section (3) of Section
8;(c)other matters under clause (f) of sub-section (3) of Section 10;(d)the form in which the annual
statement of accounts shall be maintained under sub-section (1) of Section 12;(e)the form in which
and the time at which, the annual report shall be prepared under Section 13;(f)any other matter
which is required to be, or may be prescribed.(3)All rules made under this Act shall, as soon as
possible after they are made be laid on the table of the Legislative Assembly.
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