LexThe Haryana State Commission for Women Act, 2012 (27 of 2012)
Haryana · state statute
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---- (ASVNGAZ. (EXTRA.), OCT . 23, 1934 SAKA) . 15, 20l2
PART I
RARY ANA GOVERNMENT
LAW AND LEGISLA TIYE DEPARTMENT
Notification
265
The l5th October, 2012
No. Leg.32/2012.-T he foll .
Haryana received the assen r of owing Act of the Legislature of the State of
201 2 , and is hereby pubr h d }he Gover~or of Haryana on the 27th September,
ts e ior general mformation:-
HARY ANA ACT NO. 27 OF 2012
THE HARV ANA STATE COMMISSION FOR WOMEN A~T, 2012.
AN
ACT
to constitute Haryana State Commission for Women and to provide for
matters connected therewith and incidental thereto.
BE it enacted by the Legislature of the State of Haryana in the Sixty-third
Year of the Republic of India as follows : -
CHAPTER-I
PRELIMINARY
\
-- .
1. ( 1) This Act may be called the Haryana State Commission for Women Short title,
Act, 20 12.
(2) It extends to the whole of the State of Haryana .
(3) It shall come into force on such date as the Government may, by
notifi cation, in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires ,-
(a) "Commission" means the Haryana State Commission for Women
const ituted under section 3;
(b) " Chairperson" means Chairperson of the Commission;
(c) "Government'' means the Government of the State of Haryana;
(d) "Member " means the member of the Commission and includes
the Chairper son, Vice Chairperson and Member Secretary;
(e) " Nat ional Co mmis sion for Wom en" means the National
Commission for Women constituted under section 3 of the
National Commi ssion for Women Act, 1990 (20 of 1990) ;
extent and
commencement.
Definitions.
I
I - ,
• _,J·n
~
VT GAZ. (EXTRA.), OCT. 15, 2012 ~ . 266 HARYANA °fAsVN. 23, 1934 SAKA) ~~~------. -=ff:_. ~":"~in: c:lu~d~e;s : an~o~f;.fi~ce~,~b~od;y~o~r~i~ns~t~itu;t:io;n~estabr (t) "\>Ubhc O ; e der the Constitution oflnd i a, by Law of Parli ishe,i or const,tut . ulnture by order or notification by the Oover~tllent
Constiwt1on of
State Commissrnn
for Women
r State Lcg1s a ' . . b . tllent
0 t..t -Government Organ1zat1on su stanttally fina , or a body or r,on
need by the Government~
.b d" means prescribed by rules made under this Act·
(g) "prescn e
' (h) .. Vice Chairperson" means Vice-Chairperson of the Commission; and
(i) "Women" means a female including gir_l child or adolescent girl.
CHAPTER-fl
HARYANA STATE COMMISSION FOR WOMEN 3. ( l) The Government, by notification in the Official Gazette , shall constitute a body known as the Haryana State Commission for Women to exercise the powers conferred on, and perform the functions assigned to it under the Act. (2) The Commission shall consist of-
(a) a Chairperson, who shall be a woman, committed to the cause of women, to be nominated by the Government;
(b) a Vice-Chairperson and a maximum of five members to be no~ina~ed b~ the Government from amongst persons of ab1l_1ty, _mtegnty and standing who have experience in law. leg1slat10n, trade unionism, management of . d tr
. . . . 1n us y or organi_zat,on committed to increase the employmen t potential for women women, s volunt . .
. . ' ary organizations (including women activists) adm1·n· t . . ts ration, economi c development. health, education or social welfare: Provided that at least one member shall be fro . persons belonging 10 the Scheduled Castes· m amongS
t
(c ) a Member-Secrc1ary to be nominated b h G i bl f
Y l e overnment pre e~a. y ~om am~ngst the women officers of the Indian Admin1strat1 ve Services or the Haryana c· · I s . 1 v 1 erv1ce not below the rank of Joint/ Deputy Secretary to the G. ' J0vemmenc; (d) th e Admini strative Secretary o f Wo men and Child Development, Haryana shall be a special invitee: (e) the Director, Women and Child Development, Haryana and the Director General of Pulice of Haryana shall be ex-officio members of the Commission;
(f) the majority of the members of the Commission shall be women.
l-IARy ANA GOVT
---~ . GAZ (ASVN . (EXTR_A
shall h 4. (l) The Ch . . 23, 1934 SAi{l\.~CT . 15, 2012 267
the Gold o f fice for sucha1rp~rson, Vice -Chair ~~~=---------overnme . I>enod not person and e . nt in this behalf ' exceeding three very nominated memb · Years as b er o (2) The Ch . ' may e specified by
n attainin h airperson v· Ch . g t e age of 65 , ice Chairperso d
F a1~rson and Vice-Ch . Years cease to hold nt~n No~-Official member shall
manc1al Commission a1rperson shall be the e office. The status of the
~ember shall be equi~rl and Principal Secretar;a:::.: a~ that of the status of the
e~art~ent respectivel; e;~ to the Joint Secretary in ~h: ~atus of a nominated
noti c e m writing under h: e member may resign from . arya~a Gove~_ment
is hand addressed t h his office by g1vmg a
•
(3) T o t e Government.
he Government shall
(a) bee remove a member from his, if he,-
omes an l!ndercharged insolvent·
(b) gets convicted a~d sentenc d . _'
which in the . . e to impnsonment for an offence
(c)
(d)
opm1on of the Go . turpitude; vernment involves moral
' gets involved in a · · 1 him. cnmma case or .charges are framed against
'
becomes of unsound mind and stands so declared by a
competent court;
(e) refuses to act or becomes incapable of acting;
(0 is without obtaining leave of absence from the Commission
absents himself for three consecutive meetings of th~
Commission; or
(g) in the opinion of the Government, has so abused the position
as to render that person's continuance in office detrimental
to the public interest or interest of women :
Provided that no such person shall be removed under this
clause until that person 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 nomination;
(5) The salaries and allowances payable to, and the other terms and
conditions of service of the Chairper son, the Vice-Chairperson and Member s shall
be:.such as may be prescribed .
Term of office
and conditi ons of
service of
Chairper son
Vicc -Chairp~rson
and Member s.
· . . . • h h ff. Officers a nd o ther 5 (1) The Government shall provide the Comm1ss10n wit sue o icers f th • . . . e mplo yees o e
and employees, as may be necessary, for the eff1c1ent performance of the functions c ommi ss ion .
of the Commission under this Act .
268 RARY ANA GOVT. GAZ. (EXTRA.), OCT. 15, 2012 (ASVN. 23, 1934 SAKA)
Salaries and
allowances to be
paid out of grants/
budg etary
support.
(2) The salaries and allowances payable to, and_ the other terms and conditions of service of the officers and other employees appointed for the Pllrpose of the Commission shall be such as may be prescribed.
6. The salaries and allowances payable to, the Chairperson , ViceChairperson 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 or budgetary support referred to in sub-section ( l) of section 11.
Vacancies etc., not 7. No act or proceeding of the Commission shall be questioned or shall to be invalidate be invalid on the ground merely of the existence of any vacancy, absence of
proceedings of the Commission . member or defect in the constitution of the Commission. Committees of the
Commission .
Procedure to be
regulated by the
Commission .
8. (l) 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.
(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 persons so co-opted shall have the right to attend the meetings of the Committee 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. (1) The Commission or a committee thereof, as the case may be, shall meet as and when necessary and shall meet at such time and place, as deemed fit.
(2) The Commission shall regulate its own procedure and the procedure of the committees thereof or as is prescribed.
(3) 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.
CHAPTER-III
FUNCTIONS OF THE COMMISSION
Functions of the 10. (1) The Commission shall perform all or any of the following Commission . functions, namely:-
(a) investigate and examine all matters relating to the safeguards provided for women under th~ Constitution and other laws;
(b) present to the Government, ann~ally and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
RARY ANA GOVT. GAZ (E
(ASVN . XTRA.), OCT. 15, 20 12 269
(c)
(d)
(e)
(f)
· 23, 1934 SAKA)
~akc in such report s recommendation s for the effective
impl~~entation of those safeguard s for improvi ng the
conditi ons of women by the St.ate;
review. from time to time. the existing provision s of the
Co · · · · nst:Jtut:Jon and other laws affecting women and recommend
amendments thereto so as to sugge.st remedial legislali ve
measures to meet any lacunae, inadequacies or shortcomings
m such legislations:
take up the cases of violatio n of the provi sions of the
Constitution and of other laws, relating to women with the
appropriate authorities ;
look into comp laints 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 obiective
of equality and development;
(iii) non-compliance of poiicy decis_ions, 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;
(g) call for special studies or investigations into specific
pro blems or situations arising out of discrimination and
atrocities against women and identify the constraints so as
to recommend strategies for their removal;
(b ) undertake promotional and educational rese:u-ch so as to
suggesr ways of ensuring due representation of women in all
spheres and idenrify factors responsible for impeding Lheir
advancement , such as, lack of access to housing and basic
services, ioadequaLe support services and technologies for
reducing drudgery and occupational health hazards and for
iocreci$ing their productivity;
(i ) parti c ipate and advis e o n rhe planning pro cess o f soc io
eco no mic deve lopment of women ;
U) moni tor and review the women related schemes/programme-.
in the State and eva luate the pro gre!->s of the devel opment of
women under the State ;
(k) inspect or ca use ro be inspec ted Police Sta tions, jail, remand
home , women 's instituti on or ocher place of custody where
Grants/Budgetary
'iupport by the
Gnvemment.
?.70
OCT 15. 201 2 GAZ- (EXTRA.), . HARYANA GOVT. 23 1934 SAKA)
(ASVN- ' th rwise, and take up with . ners or o e . f . women are kept as pns? . f remedial action , I found
the concerned authonttes or
necessary; . . n various issues/aspects
f ny organrzauon o (1) call for data rom a d d lopment. empowerment towar s eve of journey of women . . th and hurdles faced by ·b·t·t includtng grow and accessi 1 1 Y, · t etc · . . d 1 family or soc1e Y ·· them from ind1v1 ua ,
h Government on any matter (m) make periodical reports ~o. t e ticular various difficulties pertaining to women a~ m par
under which women toil;
b f ed to it by the (n) any other matter which may e re err
Government;
(o) shall furnish comments and recommendations on any rep?rt
of the National Commission for Women on any matter with
which the Government is concerned as the Government may
call for.
(2) The Government shall cause all the reports referred to in clause (b) of sub-section ( l) to be laid before the State Legislature along with a memorandum explaining the action taken.
(3) The Commission shall, while investigating any matter referred to in clause (a) or sub-clause (i) of clause (f) of sub-section ( 1), have all the powers of a civil coun trying a suit and, in particular, in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of ~ny person from
any part of India 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 public office;
(e) any other matter which may be prescribed.
CHAPTER-IV
FINANCE, ACCOUNTS AND AUDIT
. 11. (l) Th~ G~vernment shall , after due appropriation made by Legislature by law m this behalf, pay to the Commission by way of grants or budgetary sup~ort out of consolidated funds of the State for being utilized for the purposes of this Act.
. (2) The ~ommission may spend such sums as it thinks fit for performing the functions under this Act, and such sums shall be treated as
I
-
)
h
HARYANA GOVT. GAZ . (EXTRA .), OCT . 15, 20 12 271
(ASVN . 23 , 1934 SAKA)
expenditure payable out of the grants or budgetary supp o rt referred to in sub
section ( 1 ).
12. (I) The Commission shall maintain proper acco unt s and other
relevant records and prepare an annual statement of accounts in such form as may
be prescribed by the Government.
(2) The acc o unt s of the Commis s ion shall be audited by the
Acco untant General (Audit) , Haryana at such intervals as may be specified by the
Gove rnment and any expenditure incurred in connection with such audit shall be
payable by the Commission.
(3) The Accountant General (Audit), Haryana and any person
appoi nted 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
con nection with such audit as Accountant General (Audit) generally has in
connection with the audit of Government accounts and, in particular, shall have
the righ t 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 Accountant
General (Audit), Haryana or any other person appointed by him in this behalf
together with the audit report there on shall be forwarded to the Government by the
Commission .
13. 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
activiti es during the previous financial year and forward a copy thereof to the
Government which shall be a part of the Annual Administrative Report of the
Women and Child Development Department.
14. The Government shall cause the annual report together with a
memorandum of action taken on the recommendation contained therein, in 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 State Legislature .
CHAPTER-V
MISCELLANEOUS
Ac co unt s a nd
audit.
Annual report.
Annual report a nd
audit report to be
laid before
legi s lature .
15. The member s, officers and other employees of the Commission shall Chairperson. Vice
be deemed to be public servants within the meaning of section 21 of the Indian Chairper so n .
Penal Code 1860 (45 of 1860 ). Members and s taff
of the Commi ssio n
to be public
se rvants.
l6. The Government may consult the Commi ss io n on all major policy Government 10
matter s affecting women . consult
C ommission .
Protection of
sction taken in
good faith .
Power to make
rules .
Savings .
272 HARYANA GOVT. GAZ. (EXTRA.), OCT. 15, 2012
(ASVN. 23, 1934 SAKA)
17. No suit, prosecution or other legal proceedi~g ~hall lie against the
Chairperson , Vice-Chairperson. any Member of the Comm1ss1_on, or any officer of
the Commission for anything which is in good faith done or mtended to be done
under this Act or the Rules made there under.
18. (l) The Government may, by notification in the Official Gazette,
make rules for carrying out the provisions of this Act.
(2) Every rule made under this Act shall be laid, before the State
Legislature.
19. The Chairperson, Vice-Chairperson or non-official members
nominated vide Notification No. 3055-SW (4)/99 dated 20th December, 1999 in
the Haryana State Commission for Women shall continue till the expiry of their
respective tenn under the said notification:
Provided that anything done or any action taken or any proceedin gs
conducted by the Commission constituted under the Notification No. 3O55-SW
(4)199 d~ted 20th December, 1999 shall be deemed to have been done and taken
under this Act.
MANilTSINGH ·
Secretary to Government H'
aryana,
Law and Legislative Department.
r~ ~·
·~
.
{ l::xtract
from
Haryana
Government
Gaz
<!tt
e.
dated the
12th
February
, 2013
]
B··
HARV
ANA
GOVERNMENT
WOivIBN
AND
CHILD
DEVELOPMENT
DEPARTMENT
Notification
The
25th
January,
2013
No.
6 l-SW
(3)
2013.-In
exerc
ise
of
the
powers
&
conferred
by
sub-section
(3)
of
se
ction
1 of
the Haryana
State
Com
mis
sion
fo
r W
ome
n
Act.
20 l 2
(27 of
2012)
, the
Governor
of
Haryana
here
by
app
oint
the
26th
Ja
nuary
, 20
I 3
to
be
the
date.
for the
purp
ose
nf
said
sub-
section.
·
•
DHEERA
KIIANDELWAL
Principal
Secretar
y to
Government
Har
ya
na.
Women
and
Child
Development
Departme
nt.
50710-C
.S.-H
.G.P., Chd
.