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The DELHI COMMISSION FOR WOMEN ACT, 1994

Delhi · state statute
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THE DELH! COMMISSION FOR WOMEN 
ACT-1994 
(As passed by Legislative Assembly 
of the N.C.T. of Delhi) 
  
Cate, fadta aa, fara waa, 
game we, ae fecei-110002 
C-Block, IInd Floor, Vikas Bhawan, 
Indraprastha Estate, New Delhi-110002 
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Ne « ” ‘THE DELHI COMMISSION FOR WOMEN ACT, 1994 
(Delhi Act No. 8 of 1994) 
(05.05.1994) 
(As passed by the Legislative Assembly of the 
National Capital Territory of Delhi) 
AN 
ACT 
ay 
ae 
to constitute a Delhi Commission for Women and to provide for 
matters connected therewith or incidental thereto. i 
ae 
Be it enacted by: the Legislative Assembly of the National 
Capital Territory of Delhi in the Forty-Fifth Year of the Republic of 
India as follows :- 
(13). ss 
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‘CHAPTERI 
PRELIMINARY 
1. Shorttitle, extent and commencement:- 
(i) This Act may be called the Delhi Commission for 
Women Act, 1994. 
(ii) It extends to the whole of the National Capital 
Territory of Delhi. , 
(iii) It shall come into force on such date as the 
Government of National Capital Territory of Delhi 
may, by notification in the official Gazette, appoint. 
  
2. Definitions :- In this Act, unless the context otherwise 
requires : 
Q (a) ‘Capital’ means the National Capital Territory of 
Delhi; 
(b) ‘Commission’ means the Delhi Commission for 
Women constituted under section 3; 
(c) ‘Government means the Government of the 
National Capital Territory of Delhi; 
; (d) ‘Member’ means a Member ‘of the Commission and 
includes the Member, Secretary; 
(e) ‘National Commission’ means the National 
Commission for Women constituted under section 3 
ofthe National Commission for Women Act, 1990; 
ip Central Act, 20 of 1990 
(f) ‘Prescribed’ means prescribed by rules made 
under this Act; 
(14) 
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— 
ae 
CHAPTER - Il 
CONSTITUTION OF THE DELHI COMMISSION FOR WOMEN 
3. Constitution of the Delhi Commission for Women: - 
(i) 
(ii) 
(b) 
The Government shall by notification in the official 
Gazette, constitute a body to be known as the Delhi 
Commission for Women to exercise the powers 
conferred on, and to perform the functions assigned to 
it, under this Act. . 
The Commission shall consist of:- 
a Chairperson, committed to the cause of women, to 
be nominated by the Government. 
five members to be nominated by the Government 
from and amongst the persons having not less than 10 
years ~ experience in the field of women welfare, 
administration, economic development, health 
education or social welfare; 
Provided that at least one Member shall be from 
. amongst persons belonging to the Scheduled 
(c) | 
(ii) 
Castes or Scheduled Tribes: . 
a Member Secretary to be nominated by the 
Government, who shall be:- 
an expert in the field of management, organizational 
structure or sociological movement, or 
an officer who is a member of a civil services of the 
‘Union or of an All India Service or holds a civil post 
- under the Union with appropriate experience. 
(15) 
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4. Term 
gael 
of office and conditions of service of Chairperson 
and Members: 
(i) 
(il) 
The Chairperson and every member shall hold office 
for such period, not exceeding three years, as may be 
specified by the Governmentin this behalf. 
The Chairperson or a member other than the 
* Member Secretary who is a member of.a civil service of 
(iii) 
the Union or All India Civil Service or holds a civil post 
under the union may, in writing and addressed to the 
Government, resign from the office of Chairperson or, 
as the case may be, of the member at any time. 
The 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) gets convicted and sentenced to imprisonment for 
an offence which in the opinion of the Government 
involves moral turpitude: 
(b) gets convicted and sentenced to imprisonment for 
an offence which in the opinion of the Government 
involves 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 absents from three consecutive 
meetings of the Commission; or 
(@ yn the opinion of the Government has so 
abused the position of Chairperson or 
Member as to render that person's continuance in 
office detrimental to the publicinterest: 
— (16) 
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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. 
(iv) Avacancy caused under sub-section (2) or otherwise 
shall be filled by fresh nomination. 
(v) The salaries and allowances payable to, and the other 
terms and conditions of service of, the Chairperson and 
Members shall be such as may be prescribed. 
Officers and other employees of the Commission 
a 
(5. ho The Government shall provide the Commission 
\4 with such officers and employees aS may be 
necessary for the efficient performance of the 
functions of the Commission under this Act. 
(ii) |The salaries and allowances payable to, and the 
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. 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 referred to 
in section 5, shall be paid out of the grants referred to in 
sub-section (1) of section 11. Salaries and allowances 
to be paid out of grants. 
7. 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. Vacancies, etc. not to 
invalidate proceedings of the Commission. 
(17) [~ 
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wt 
aul 
g. Committees of the Commission. - 
(i) The Commission may appoint such committees as 
may be necessary for dealing with such special issues 
as may be taken up by the Commission from time to 
time. 
(ii). The Commission shall have the power to co-opt as 
members of any Committees appointed under sub- 
section (1) such number of persons, who are not 
Members of the Commission, as it may think fit and the 
persons So coopted shall have the right to attend the 
meetings of the Committee and take part in its 
proceeding but shall not have right to vote. 
(i) | The person so co-opted shall be entitled to receive such 
allowances for attending the meetings of the. 
Committee as may be prescribed. 
9. Procedure tobe regulated by the commission:- 
(i) 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. 
(il). The Commission shall regulate its own procedure and 
the procedure of the Committees thereof. 
(iii). All orders and decisions of the Commission shall be 
authenticated by the Member Secretary or any other 
officer of the Commission duly authorized by the 
Member Secretary in this behalf. . 
(18) 
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CHAPTER - Ill 
FUNCTIONS OF THE COMMISSION 
40. Function ofthe Commission: - 
(i) 
(a) 
(b) 
(c) 
(d) 
(f) 
The Commission shall perform all or any of the following 
functions, namely: 
investigate and examine all matters relating to the 
safeguards provided for women under the constitution 
and other laws; 
present to the Government annually and at such other 
time as the Commission may deem fit, reports upon the 
working of these safeguards; 
make in such reports recommendations for the effective 
implementation of those safeguards for improving the 
conditions of women in the Capital; 
review, from time to time, the existing provisions of the 
Constitution and other laws affecting women and 
recommend amendments thereto so as to suggest 
remedial legislative measures to meet any lacunae, 
inadequacies or shortcomings in such legislations; 
take up the cases of violation. of the provision of the 
Constitution and of other laws relating to women with 
appropriate authorities; 
look into complaints and take suo moto notice of matters 
relating to: -. 
(i). deprivation of women's rights; 
(19) 
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(9) 
(h) 
(i) 
(i) 
(k) 
(I) 
(ii). non-implementation of laws enacted to provide 
protection to women and also 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 take up the issues 
arising out of such matters with appropriate authorities. 
call for special studies or investigations into specific problems 
or situations arising out of discrimination and atrocities against 
women and identify the constraints so as to recommend 
strategies for their removal; 
undertake promotional and educational research so as to 
suggest ways of ensuring due representation of women in all 
spheres and identify factors responsible for impeding their 
advancement, 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; 
participate and advise on the planning process of 
socioeconomic development ofwomen, 
evaluate the progress of the development of women in the 
Capital; 
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 take up with the 
concerned authorities for remedial action if found necessary: 
fund litigation involving issues affecting a large body of 
women, 
(20) 
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(ii). 
nr al 
(m) make periodical reports to the Government on any 
matter pertaining to women and in:particular various 
difficulties under which women toil; . 
(n) any other matter which may be referred to it by the 
Government. 
The Government shall cause all the reports referred to in 
clause (b) of sub-section (1) and those received from the 
National Commission to be laid before ‘the Legislative 
Assembly of the Capital along with a memorandum explaining 
the action taken oF proposed to be taken on the 
recommendations relating to the Capital and the reasons for 
the non-acceptance, ifany, of any such recommendations. 
(iii). The Commission shall while investigating any matter referred 
to in clause (a) oF sub-clause (i) of clause (f) of sub-section (j), 
have all the powers of a Civil Court trying suit and in particular, 
in respect of the following matters, namely: - 
(a). summoning and enforcing the attendance of any person 
from any part of India and examine 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). anyother matter which may be prescribed. 
(21) 
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CHAPTER - IV 
FINANCE, ACCOUNTS AND AUDIT 
11. Grants by the government: - 
(i). The Government shall after due appropriation made by 
the Legislative Assembly of the Capital in this behalf, 
pay to the Commission by way of grants such sums of 
money as the Government may think fit for being utilized 
for the purposes. of this Act. 
(ii), 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: - 
(i). |The Commission shall maintain proper accounts and 
other relevant records and prepare an annual statement 
of accounts in such form as may be specified by the 
Government in consultation with the Finance 
Department of the Government. 
(ii). | The accounts of the Commission shall be audited by the 
Auditor of the Government at such intervals as may be 
specified by it. 
(iii). The Finance Department of the Government or person 
appointed by it 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 it generally have in 
connection with the audit of Government accounts, and, 
in particular, shall have the right to demand the 
production of books, accounts, connected vouchers, 
other documents, papers and to inspect any of the 
offices of the Commission and to . veil 
securities, cash and stores. physically verify 
(22) 
E a 
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13. 
14. 
  
(iv). The accounts of the Commission, as certified by the 
Auditor together with the audit report thereon shall be — 
forwarded annually to the Government by the 
Commission. 
Annual Report:- The Commission shall prepare, in such form 
and at such time for each financial year, as may be prescribed, 
its annual report, giving a full account of its activities during the 
previous financial year and forward a copy thereof to the 
Government. 
Annual report and audit report to be laid before the 
Legislative Assembly: - 
The Government shall cause the annual report together with a 
memorandum of action taken on the recommendations 
contained therein so far as they relate to the Government 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 of the Capital. 
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