LexThe Gujarat State Commission for Women Act, 2002
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GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY
AFFAIRS DEPARTMENT
THE GUJARAT STATE COMMISSION FOR
WOMEN ACT, 2002.
(GUJARAT ACT NO. 12 OF 2002)
(As modified up to 31st January, 2025.)
PRINTED IN INDIA BY THE MANAGER, GOVERNMENT CENTRAL PERSS,
.
[2024]
[Price : 20.00]
GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY
AFFAIRS DEPARTMENT
THE GUJARAT STATE COMMISSION FOR
WOMEN ACT, 2002.
(GUJARAT ACT NO. 12 OF 2002)
(As modified up to 31st January, 2025.)
PRINTED IN INDIA BY THE MANAGER, GOVERNMENT CENTRAL PERSS,
.
[2024]
[Price : 20.00]
G.C.P.G.-H-159-06-2024-DTP-2
©
GOVERNMENT CENTRAL PRESS, GANDHINAGAR.
2002 : Guj. 12] The Gujarat State Commission for women Act, 2002.
THE GUJARAT STATE COMMISSION FOR WOMEN ACT, 2002.
CONTENTS
PREAMBLE
SECTIONS. PAGE NO.
1. Short title, extent and commencement. 1
2. Definitions. 1
3. Constitution of Commission. 1
4. Terms of office and conditions of service of Chairperson and
members.
2
5. Resignation of Chairperson and member. 2
6. Removal of Chairperson and member. 2
7. Disqualification for being Chairperson or member. 3
8. Filling up of vacancies. 3
9. Officers and other employees of commission. 3
10. Salaries and allowances to be paid out of grants. 3
11. Defect in Appointment of Chairperson or member not to
invalidate acts or proceedings.
3
12. Constitution of ad hoc committee. 3
13. Procedure to be regulated by Commission. 4
14. Functions of Commission. 4
15. Powers of Commission. 5
16. Consultation with Commission. 5
17. Protection of action taken in good faith. 6
18. Grants by State Government. 6
19. Preparation and submission of programme of work and annual
statements of accounts.
6
20. Accounts and audit. 6
21. Concurrent and special audit of accounts. 7
The Gujarat State Commission for women Act, 2002. [2002 : Guj. 12
SECTIONS. PAGE NO.
22. Annual reports. 7
23. Annual report and audit report to be laid before state legislature. 7
24. Chairperson, members and staff of Commission to be public
servants.
7
25. Power to make rules. 7
26. Power to remove difficulties. 8
27. Power of State Government to give directions. 8
28. Repeal and savings. 8
_____________
2002 : Guj. 12 ] The Gujarat State Commission for women Act, 2002. 1
GUJARAT ACT NO. 12 OF 2002.*1
[THE GUJARAT STATE COMMISSION FOR WOMEN ACT, 2002. ]
[6th April, 2002.]
AN ACT
to provide for the constitution of a State level Commission for women and
for the matters connected therewith or incidental thereto.
It is hereby enacted in the Fifty -third Year of the Republic of
India as follows:-
1. (1) This Act may be called the Gujarat State Commission for Women
Act, 2002.
Short title,
extent and
commencement.
(2) It extends to the whole of the State of Gujarat.
(3) It shall be deemed to have come into force on the 29th December, 2001.
2. In this Act, unless the context otherwise requires,— Definitions.
(a) "Commission" means the Gujarat State Commission for Women
constituted under section 3;
(b) "member" means a membe r of the Commission and includes the
Chairperson and the member-secretary;
(c) "prescribed" means prescribed by rules;
(d) "women" includes female-child and adolescent girl.
3. (1) The State Government shall, by notification in the Official Gazette,
constitute a body to be known as "the Gujarat State Commission for Women".
(2) The Commission shall consist of,—
Constitution of
Commission.
(a) a Chairperson, who shall be an eminent woman committed to the
causes of women, to be nominated by the State Government;
(b) five members to be nominated by the State Government from
amongst persons of ability, integrity and standing, who have served the
cause of women and who have had sufficient knowledge and experience
in law or legislation, sociology, advancement of women nutrition, trade
unionism, management of an industry or organisation committed to
increase the employment potential of women, women's voluntary
organisations (including women activists), administration, economic
development, health, education or social welfare:
1. For Statement of Objects and Reasons, see Gujarat Government Gazette, Extra ordinary,
Part – V, dated the 22nd February, 2002, Page No. 4-11 to 4-12.
* This Act was assented to by the Governor on the 6 th April, 2002.
2 The Gujarat State Commission for women Act, 2002. [2002 : Guj. 12
Provided that one member shall be from amongst persons
belonging to the Scheduled Castes or Scheduled Tribes:
Provided further that one member shall be from amongst the
advocates;
(c) following ex-officio members —
(i) Director General of Police, Gujarat State,
(ii) Secretary to Government, Women and Child Development
Department,
(iii) Secretary to Government, Finance Department,
(iv) Secretary to Government, Legal Department,
(v) Secretary to Government (Family Welfare), Health and Family
Welfare Department,
(d) one Member -secretary to be nominated by the State Government
from amongst the officers of the State Government, who is not below the rank of
Joint Secretary to Government.
Terms of
office and
conditions of
service of
Chairperson
and members.
4. (1) The Chairperson and the members other than those nominated by
virtue of their office shall hold office for a period of three years.
(2) The salaries and allowances payable to, and the other terms and
conditions of service of the Chairperson and the m embers, shall be such as may
be prescribed.
Resignation of
Chairperson
and member.
5. The Chairperson or a member may at any time resign his office by
writing under his hand addressed to the State Government and on such
resignation being accepted, he shall be deemed to have vacated his office.
Removal of
Chairperson
and member.
6. Notwithstanding anything contained in sub -section (1) of section 4, the
State Government may remove the Chairperson, or as the case may be, a member
from his office, if he,—
(a) is or has become subject to any disqualification mentioned in
section 7;
(b) remains absent, without leave of the Commission for more than
three consecutive meetings of the Commission;
(c) refuses to act or becomes incapable of acting;
(d) in the opinion of the State Government, has so abused the position
of the Chairperson or, as the case may be, member, as to render his
continuance in office detrimental to the public interest, or is otherwise unfit
or unsuitable to continue as such Chairperson or, as the case m ay be,
member:
Provided that the Chairperson or, as the case may be, any member
shall not be removed under this clause until he has been given a reasonable
opportunity of being heard.
2002 : Guj. 12 ] The Gujarat State Commission for women Act, 2002. 3
7. A person shall be disqualified for being nominated as or for b eing a
Chairperson or a non-official member, if he,—
Disqualification
for being
Chairperson or
member. (a) is or becomes an undischarged insolvent;
(b) is convicted and sentenced to imprisonment for an offence which, in
the opinion of the State Government, involves moral turpitude;
(c) becomes of unsound mind and stands so declared by a competent
court.
8. A vacancy arising by reason of death, resignation or removal of the
Chairperson or any member under section 6 or otherwise shall be filled up in
accordance with the provisions contained in section 3.
Filling up of
vacancies.
9. (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 paya ble to, and the other terms and
conditions of service of the officers and other employees, shall be such as may
be prescribed.
Officers and
other employees
of Commission.
10. The salaries and allowances payable to th e Chairperson and members
and the administrative expenses, including salaries and allowances payable to the
officers and other employees, shall be paid out of the grants made to the
Commission under section 18.
Salaries and
allowances to be
paid out of
grants.
11. (1) No act or proceeding of the Commission shall be questioned or
invalid on the ground merely of the existence of any vacancy in, or any defect in
the constitution of the Commission.
(2) No act done by any person acting in good faith as Chairp erson or
member shall be deemed to be invalid merely on the ground that he was
disqualified to be a Chairperson or a member or that there was any other defect
in his nomination.
Defect in
appointment of
Chairperson or
member not to
invalidate acts
or proceedings.
12. (1) The Commission may, for the purpose of transacting any business
before it or for any special issue, constitute an adhoc committee consisting of—
(a) not more than two members of the Commission; and
(b) not more than two experts on the particular subject before the
Commission.
(2) If the Chairperson is a member of the committee, the Chairperson
or in her absence any other member shall preside over the meeting of the
Committee.
(3) The final report of the ad hoc committee shall be placed before the
Commission for its approval and on the approval thereof by the Commission, it
shall be deemed to be the report of the Commission.
(4) The person so associated shall be entitled to receive such
allowances for attending the meeting of the Committee at such r ate as may be
prescribed.
Constitution of
adhoc
committee.
4 The Gujarat State Commission for women Act, 2002. [2002 : Guj. 12
Procedure
to be
regulated by
Commission.
13. (1) The Commission or ad hoc committee thereof shall meet at such
time and such place as the Chairperson may think fit:
Provided that the Commission shall meet at least every quarter.
(2) The Commission shall determine procedure in regard to the
transaction of its business at its meeting and meetings of the ad hoc
committee appointed under section 12.
(3) Any order or decision of the Commission shall be authenticated by
the member-secretary or any other officer of the Commission authorised in
this behalf by the Chairperson.
Functions of
Commission.
14. (1) The Commission shall have the following functions, namely:—
(a) to examine all matters relatin g to the safeguards provided for
women under the Constitution of India and other laws;
(b) to present to the State Government annually and at such other
times as the Commission may think fit, reports upon the working of
such safeguards;
(c) to make in such reports recommendations for the effective
implementation of such safeguards for improving the conditions of
women by the State;
(d) to review from time to time, the existing provisions of laws
relating to women and recommend amendments therein for the purpose
of prov iding remedial legislative measures to meet with inadequate
provisions of such laws;
(e) to take up the cases of violation of the provisions of the
Constitution of India and of other laws relating to women with the
appropriate authorities;
(f) to look into complai nts and take suo moto notice of matters
relating,—
(i) deprivation of women's rights;
(ii) non-implementation of laws enacted to provide protection
to women and to achieve the objects 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;
(g) to call for special studies or investigations into specific
problems or situations arising out of discrimination and atrocities
against women and to identify the constraints so as to recommend
strategies for their removal;
(h) to undertake promotional and educational research for the
purposes of—
2002 : Guj. 12 ] The Gujarat State Commission for women Act, 2002. 5
(i) suggesting ways of ensuring due representation of women in
all spheres;
(ii) identifying factors responsible for impeding their advancement,
such as, lack of access to housing and basic services, inadequate
support services and technology for reducing drudgery and
occupational health hazards and for increasing their productivity;
(i) to participate and advise on the planning of socio -economic
development of women;
(j) to evaluate the progress of the development of women under the
State;
(k) to 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 to take up with the concerned authorities for remedial
action, if necessary;
(l) to provide fund for litigation involving issues affecting a large body
of women;
(m) to endeavour to promote through the media a more positive image
or balanced depiction of women in society and continuously to interact,
and try to educate the public opinion through media to enhance sensitivity
to gender issues and bring about gender parity;
(n) to any other matter which may be referred to it by the State
Government.
V of 1908.
15. The Commission shall, for the purposes of any inquiry under this Act,
have the same powers as are vested in a civil c ourt while trying a suit under the
Code of Civil Procedure, 1908 in respect of the following matters, namely:—
Powers of
Commission.
(a) summoning and enforcing the attendance of any witness
and examining him;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public records or copy thereof from any
public office;
(e) issuing commissions for examination of witnesses:
Provided that the Commission shall not exercise aforesaid powers in respect
of the matt er which might be in conflict with said matter pending before the
court of law.
16. The State Government may consult the Commission in respect of
major policy matters affecting women.
Consultation
with
Commission.
6 The Gujarat State Commission for women Act, 2002. [2002 : Guj. 12
Protection of
action taken
in good faith.
17. No suit, prosecution or other legal proceedings shall be instituted
against the Chairperson or any member or any officer or other employee of the
Commission or any person acting under the direction either of the State
Government or of the Commissio n for anything which is in good faith done, or
intended to be done under this Act or the rules or orders made thereunder.
Grants by
State
Government.
18. (1) The State Government shall pay such amount to the Commission
by way of grants, as it may think fit for the purposes of this Act.
(2) The Commission may, with the previous sanction of the State
Government and subject to such terms and conditions as may be specified in this
behalf by the Government accept funds from any national or international
organization working in the field of women and child development, for achieving
the objects of this Act.
(3) The Commission may spend such sums as it thinks fit for the
performance of the functions under this Act out of the grants made to it and such
sum shall be treated as the expenditure out of the grants.
Preparation
and
submission of
programme of
work and
annual
statement of
accounts.
19. (1) The Commission shall before such date as may be specified by the
State Government, in each year, prepare and forward to the State Government,—
(i) a programme of work for the next year;
(ii) an annual statement of accounts for the next year.
(2) The programme of its work shall contain,—
(i) activities to be taken during the succeeding year;
(ii) such other particulars as may be prescribed.
(3) The annual statement of accounts shall contain a statement
showing the receipt and expenditure on capital and revenue accounts for the
next year.
(4) The State Government may sanction the programme and the
annual statement of accoun ts forwarded to it with such modificat ion as it
thinks fit.
(5)The annual statement of accounts shall be prepared in such form as
may be prescribed in consultation with the Accountant General of the State
of Gujarat.
Accounts and
audit.
20. (1) The Commission shall maintain proper accounts and other relevant
record in such manner as may be prescribed.
(2) The accounts of the Commission shall be audited by the Accountant
General of the State 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 for the
purpose of the audit of the accounts of the Commission under this Act shall have
the sam e right and the privileges and the authority for such audit as the
2002 : Guj. 12 ] The Gujarat State Commission for women Act, 2002. 7
Accountant-General generally has for such audit of the Government accounts
and in particular, shall have the right to demand production of books, accounts
connected vouchers and other docum ents 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 duly appointed by him in this behalf, together with
the audit report thereon, shall be forwarded annually to the State Government.
21. (1) Notwithstanding anything contained in section 20, the State
Government may order that there shall be a concurrent audit of the accounts of
the Commission by such person, as it thinks fit. The State Governme nt may also
direct a special audit to be made by such person, as it thinks fit, of the accounts
of the Commission relating to any particular transaction or a class of series of
transactions or to a particular period.
(2) When an order is made under sub -section (1) the Commission shall
present or cause to be presented for audit such accounts and shall furnish to the
person appointed under sub -section (1) such information as the said person may
require for the purpose of audit.
Concurrent and
special audit of
accounts.
22. The Commission shall prepare, its annual report for each financial year
giving a full account of its activities during the previous financial year in such
form and at such time as may be prescribed and forward a copy thereof to the
State Government.
Annual reports.
23. The State Government shall cause,— Annual report
and audit
report to be laid
before State
Legislature.
(1) the annual report together with a memorandum of action taken
on the recommendations contained therein, in so far a s they relate to the
State Government and the reasons for non -acceptance, if any, of such
recommendation, and
(2) the audit report
to be laid as soon as may be, after the reports are received, before the
State Legislature.
XLV of 1860.
24. The Chairper son, members, officers and other employees of the
Commission shall be deemed, when acting or purporting to act in pursuance of
any of the provisions of this Act, to be public servants within the meaning of
section 21 of the Indian Penal Code.
Chairperson,
members and
staff of
Commission
to be Public
servants.
25. (1) The State Government may, by notification in the Official Gazette,
make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the
forgoing power, such rules may provide for all or any of the following matters,
namely:—
Power to
make rules.
(a) salaries and allowances payable to, and other terms and
conditions of services of, the Chairperson and members, officers and
other employees under sub-section (2) of section 4;
(b) allowances payable for attending the meeting of the ad hoc
committee by the persons appointed under sub -section (1) of section
12;
8 The Gujarat State Commission for women Act, 2002. [2002 : Guj. 12
(c) particulars of programmes of the work of Commission to be
submitted to the State Government under sub-section (2) of section 19;
(d) the form in which the annual statement of accounts shall be
maintained under sub-section (5) of section 19;
(e) the maintenance of accounts and other relevant record under
sub-section (1) of section 20;
(f) any other matter whi ch is to be or may be prescribed under
this Act.
(3) All rules made under this section shall be laid for not less than
thirty days before the State Legislature as soon as may be after they are
made and shall be subject to rescission by the State Legisla ture or to such
modifications as the State Legislature may make during the session in which
they are so laid or the session immediately following.
(4) Any rescission or modification so made by the State Legislature
shall be published in the Official Gazette, and shall thereupon take effect.
Power to
remove
difficulties.
26. (1) 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
provision not inconsistent with the provisions of this Act, as may appear to it to
be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of five
years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be, after it
is made, be laid before the State Legislature.
Power of State
Government
to give
directions.
27. The State Government may, if it thinks fit, give directions to the
Commission for carrying out execution of any of the provisions of this Act and
the Commission shall be bound by such directions.
Repeal and
savings.
28. (1) The Gujarat State Commission for Women Ordinance, 2001 is
hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken
under the said Ordinance shall be deemed to have been done or taken under
this Act.
Guj. Ord. 10
of 2001.
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Government Central Press, Gandhinagar.