The KARNATAKA STATE COMMISSION FOR WOMEN ACT, 1995

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THE KARNATAKA STATE COMMISSION FOR WOMEN ACT, 1995

ARRANGAMENT OF SECTIONS

1.
Statement of Object and Reasons

Sections:

CHAPTER I

PRELIMINARY

Short title and commencement.
2.

CHAPTER II

STATE COMMISSION FOR WOMEN

Definitions.
3.

Constitution of the Commission.
4.

Term of office and conditions of service of chairperson and members.
5.

Secretary.
6.

Staff of the Commission.
7.

Meetings of the Commission.
8.

CHAPTER III

FUNCTIONS AND POWERS OF THE COMMISSION

Vacancies etc., not to invalidate proceedings of the Commission.
9.
10.
Functions of the Commission.

Powers of the Commission.
11.

CHAPTER IV

FINANCE, ACCOUNT AND AUDIT

Committees of the Commission.
12.

Budget of the Commission and grants by the Government.
13.

Account s and Audit.
14.

Annual report.
15. Annual report and audit report to be laid before the State Legislature.
2

CHAPTER V

MISCELLANEOUS

16.

Protection of action taken in good faith.
17.

The Government to consult Commission.
18.

Chairperson, members and staff of the Commission to be public servants.
19.

Power to make rules.
20.

Power to remove difficulties .
Summary of Amendments
3

STATEMENT OF OBJECTS AND REASONS

Act 17 of 1995. -The Government of India has constituted a National Commission for
Women to provide for matters connected with the development of women. It has enacted
National Commission for Women Act, 1990 (Central Act 20 of 1990).

It is considered necessary to constitute a Commission for Women in the State also for
the purposes of achieving all round development of the women in aspects not been
covered by the National Commission for Women.

Hence the Bill was published in Karnataka Gazette No.26 dated 6-1-
1996. (Obtained from L.A. Bill No.1of 1995)

Amending Act 04 of 2014.- It is considered necessary to amend the section 3 of
the Karnataka State Commission for Women Act, 1995 (Karnataka Act 17 of 1995) to
provide for representation of other Backward Classes.
Hence, the Bill.
[L.A. Bill No.14 of 2013, File No. Samvyashae 38 Shasana 2013]
[entry 5 of List II and entry 23 of list III of the Seventh Schedule to the Constitution of
India.]
4

KARNATAKA ACT No. 17 OF 1995

(First published in the Karnataka Gazette Extraordinary on the Twenty-sixth day of May, 1995)

THE KARNATAKA STATE COMMISSION FOR WOMEN ACT, 1995.

(Received the assent of the Governor on the Twenty-fourth day of May 1995)

(As amended by Act 04 of 2014.)

An Act to constitute a State Commission for Women and to provide for matters
connected therewith or incidental thereto.

WHEREAS it is expedient to constitute a State Commission for women and to provide for
matters connected therewith or incidental thereto and for the purposes hereinafter
appearing;

BE it enacted by Karnataka State Legislature in the Forty -sixth year of the Republ ic of
India, as follows:-
CHAPTER I

PRELIMINARY

1. Short title, extent and commencement. - (1) This Act may be called the Karnataka
State Commission for Women Act, 1995.

(2) It shall extend to the whole of the State of Karnataka.

(3) It shall come into force from such 1[date]1 as the Government may by notification,
appoint.

1. Act came into force on 11.1.1996

2. Definitions.- In this Act, unless the context otherwise requires,-

(a) "Commission" means the Karnataka State Commission for Women constituted
under section 3;

(b) "Government" means the Government of Karnataka;

CHAPTER II

STATE COMMISSION FOR WOMEN

3. Constitution of the Commission. - (1) As soon as may be after the commencement
of this Act, the Government shall constitute a body to be called as the Karnataka State
Commission for Women to exercise the powers conferred on and to perform the functions
assigned to it by or under this Act with its headquarters at Bangalore.
(2) The Commission shall consist of the following members, namely:-

(a) a Chairperson who shall be a woman committed to the cause of women to be
5

nominated by the Government;

(b) six members to be nominated by the Government from amongst persons of
ability, integrity and standing who have had experience in law or legislation, trade
unionism, management of an industry or organisation committed to increasing the
employment potential of women, women's voluntary organisations including women
activists administration, economic development, health, education or social welfare :

Provided that at least one member each shall be from amongst persons belonging
to 1[Scheduled Castes, Scheduled Tribes and other Backward Classes]1 respectively:

1. Substituted by Act 04 of 2014 w.e.f. 04.01.2014

Provided further that majority of the members nominated under this clause shall be
women;

(d) Director of Women and Child Development- ex-officio member;

(e) Director General of Police or his nominee not below the rank of Deputy
Inspector General of Police, preferably a women - ex- officio member;

(f) Secretary of the Commission, who shall be the member - Secretary.

4. Term of office and conditions of service of Chairperson and Members. - (1)
Subject to the pleasure of the Government, the Chairperson and every member shall hold
office for such period not exceeding three years, as may be specified by the Government.

(2) The Chairperson or a member other than the ex - officio member may, resign the
office of Chairperson or the member, as the case may be, by writing addressed to the
Government.
(3) The Government shall remove a person from the office of Chairperson or a
member referred to in sub-section (1) if that person,-

(a) becomes an undischarged insolvent; or

(b) gets convicted and sentenced to imprisonment for an offence which in the
opinion of the Government involves moral turpitude; or

(d) refuses to act or becomes incapable of acting; or

(e) is, without obtaining leave of absence from the Commission, absents from three
consecutive meetings of the Commission; or

(f) in the opinion of the Government, has so abused the position of the C hairperson
or member so as to render that person's continuance in office is detrimental to the public
interest:

Provided that no person shall be removed under this clause until that person has been
6

given a reasonable opportunity of being heard in the matter.

(4) The Government shall fill vacancies, arising out of resignation or removal within
three months of such resignation or removal, by fresh nomination.

(5) The salary and allowances of the Chairperson and allowance payable to the
member, if any, shall be such, as may be prescribed.

(6) The salary and allowance payable to the Chairperson and allowances payable to a
member shall be defrayed out of the grants referred to in sub-section (2) of section 12.

5. Secretary.- (1) The Secretary of the Commission shall be an officer not below the
rank of Joint Secretary to Government appointed by the Government.

(2) The Secretary shall receive such salary and other allowances as the Government
may determine from time to time.

(3) The Government may grant from time to time leave of absence to the Secretary.

(4) The Secretary shall be Chief Executive of the Commission and shall,-

(a) operate the grants of the Commission;

(b) cause to be maintained accounts of the Commission;

6. Staff of the Commission. - (1) The Governme nt shall provide such staff to the
Commission, as may be required for the efficient functioning of the Commission.

(2) The administrative expenses of the Commission i ncluding the salaries, allowances
and pension payable to the Secretary and other officers and staff of the Commission shall
be paid out of the grants referred to in sub-section (2) of section 12.
7. Meetings of the Commission. - (1) The Commission shall meet as and when
necessary at Bangalore or at such other places as the Chairperson may think fit:

Provided that the Commission shall meet at least once in three months.

(2) The Commission shall regulate its own procedure and the procedure of the
committees appointed under section 11 thereof.

(3) All the orders and decisions of the Commission shall be authenticated by the
Secretary or any other officer of the Commission duly authorised by the Secretary in this
behalf.
8. Vacancies etc., not to invalidate proceedings of the Commission. - No act or
proceedings of the Commission shall be questioned or shall be invalid merely on the
ground of the existence of any vacancy or defect in the constitution of the Commission.

CHAPTER III

FUNCTIONS AND POWERS OF THE COMMISSION
7

9. Functions of the Commission.- (1) The Commission shall perform all or any of the
following functions namely :-

(a) investigate and examine all matters relating to the safeguard provided for women
under the Constitution and other laws;

(b) present to the Government, annually and at such other times as the Commission
may deem fit, reports upon the working of those safeguards;

(c) make in such reports recommendations for the effective implementation of those
safeguards for improving the conditions of women by the State;

(d) review, from time to time, the existing provisions of the Constitution and other
laws affecting the women and recommend amendments thereto so as to suggest remedial
legislative measures to meet any lacune or inadequacies or shortcomings in such
legislations;
(e) take up the cases of violation of the provisions of the Constitution and of other
laws relating to women with the appropriate authorities;

(f) look into complaints and take suo-moto 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 objective of equality and development;

(iii) non-compliance of policy decision, 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 investigation 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;
(h) undertake promotional and educational research so as to suggest ways of
ensuring due representation of women in all spheres and identify factors responsible for
impending their advancement, such as, lack of access to housing and basic services,
inadequate support services and technologies for reducing drud gery and occupational
health hazards and for increasing their productivity;

(i) 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, wherever found necessary;

(j) fund litigation involving issues affecting a large body of women;

(k) participate and advice on the planning process of socio- economic development
of women;

(l) evaluate the progress of the development of women under the State;

(m) make periodical report to the Government on any matter pertaining to women
and in particular various difficulties under which women toil;
8

(n) involve with voluntary organisations in the State, more particularly women's
organisations besides governmental departments and its agencies in the discharging of its
functions;
(o) assist the women to ensure equal and fair justice in matrimonial disputes before
the family courts;

(p) any other matter which may be referred to it by the Government:

Provided that if any matter specified in sub- section (1) is undertaken by the National
Commission for Women constituted under section 3 of the National Commi ssion for
Women Act, 1990 (Central Act 20 of 1990), the State Commission for women shall cease
to have jurisdiction in such matters.

(2) If authorities referred to in clause (e) of sub- section (1), fails to take any action on
the suggestions or recommenda tions made by the Commission, it may report the same to
the Government which shall take necessary action.
(3) The Government shall cause the recommendations of the Commission to be laid
before each House of the State Legislature along with the memorandum explaining the
action taken or proposed to be taken on the recommendations and the reasons for non-
acceptance, if any, of any such recommendations.

10. Powers of the Commission. - The Commissions shall, while investigating any
matter for the purposes of this Act, have all the powers of a civil court under Civil
Procedure Code, 1908 (Central Act 5 of 1908) in trying a suit and in particular in respect of
the following matters namely:-

(a) summoning and enforcing the attendance of any person from any part of the State
and examining him on oath;

(b) requiring the discovery and production of any documents;

(d) requisitioning or summoning any public records or copy thereof from any court or
public office;

(e) issuing Commission for the examination of witnesses and documents; and

(f) any other matter which may be prescribed.

11. Committees of the Commission. - (1) 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 including
representatives of non-Governmental Organisations more particularly Women Organisation
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 tak e 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
9

the meetings of the committee as may be prescribed.

CHAPTER IV

FINANCE, ACCOUNTS AND AUDIT

12. Budget of the Commission and grants by the Government. - (1) The
Commission shall prepare every year before such date and in such form, as may be
prescribed a budget estimate of its income and expenditure for the financial year to
commence on the first day of April next following and shall forward it to the Government.

(2) The Government shall, after due appropriation made by the State Legislature by law
in this behalf, pay to the Commission by way of grants, such sums of money as it may think
fit for being utilised for the purpose of this Act.

(3) The Commission may spend such sums out of the grants 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 (2).

13. Accounts and audit. - (1) Accounts of the income and expenditure of the
Commission shall be kept in such form as may be prescribed.

(2) The Commission shall prepare an annual statement of accounts in such form as
may be prescribed.

(3) The Accounts of the Commission shall be audited annually by such auditor as the
Government may appoint in this behalf.

(4) The auditor shall for the purposes of the audit, have access to all the accounts and
other records of the Commission.

(5) The Commission shall pay out of the grants such charges for the audit, as may be
prescribed.

(6) As soon as may be, after the receipt of the report of the auditor, the Commission
shall send a copy of the annual statement of accounts together with a copy of the report of
the auditor to the Government and shall cause to be published the annual statement of
account in such manner as may be prescribed.

(7) The Government may, after perusal of the report of the auditor give such directions,
as it thinks fit, to the Commission and the Commission shall comply with such directions.

14. 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.
The C ommission may, submit from time to time, special reports on any matter of public
importance to the Government.

15. Annual report and audit report to be laid before the State Legislature. - The
Government shall cause the annual report together with a memorandum of action taken on
the recommendations 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 to be laid, as
soon as may be after the reports are received before each House of the State Legislature.
10

CHAPTER V

MISCELLANEOUS

16. Protection of action taken in good faith. - No suit, prosecution or other legal
proceedings shall lie against the Commission or Chairperson or any member thereof or any
person acting under the direction of the Commission, for anything which is in good faith
done or intended to be done under this Act, or the rules, made thereunder.
17. The Government to consult Commission. - The Government shall consult the
Commission on all major policy matters affecting women.
18. Chairperson, members and staff of the Commission to be public servants.-

The Chairperson and every member of the Commis sion and every officer appointed or
authorised by the Commission to exercise functions under this Act shall be deemed to be
the public servants within the meaning of section 21 of the Indian Penal Code (Central Act
45 of 1860).
19. Power to make rules. - (1) The Government may by notification, in the official
Gazette, make rules for the purposes of carrying out the provisions of this Act.

(2) Every rule made under this Act shall be laid as soon as may be after it is made,
before each House of the State Legislature while it is in session for a total period of thirty
days, which may be comprised in one session or in two or more successive sessions and,
if before the expiry of the session in which it is so laid or the session immediately following
the session or successive sessions aforesaid both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made, the rule
shall thereafter have effect only in such modified form or be of no effect, as the case may
be, so however; that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.

20. Power to remove difficulties. - (1) If any difficulty arises in giving effect to the
provisions of this Act, the Government may, by order published in the Official Gazette,
make such provisions not inconsistent with the provisions of this Act as appear to it to be
necessary or expedient for removing the difficulty:

Provided that no order shall be made after the expiry of a period of two years from the
date of commencement of this Act.

(2) Every order under this section shall, as soon as may be after it is made, be laid
before each House of the State Legislature.

* * * *

(The above translation of the PÀ£ÁðlPÀ gÁdå ªÀÄ»¼Á DAiÉÆÃUÀ C¢ü¤AiÀÄªÀÄ , 1995 (1995gÀ PÀ£ÁðlPÀ
C¢ü¤AiÀÄªÀÄ ¸ÀASÉå 17) was published in the official Gazette (Extraordinary) Par t IV -2B dated
06.01.1996 as No 26. under clause (3) of Article 348 of the Constitution of India.)

The Karnataka State Commission for Women Act, 1995 (17 of 1995) has been
amended by the following Acts, namely:-
Amendments (Chronological)

Sl.No. No. and year of Sections Remarks
the Act amended
1. 17 of 1995 - w.e.f. 11.1.1996 By notification No.
MAMAE 112 SBB 95 dated
11.1.1996

Amendments (section-wise)
Sections Act No. and year
- -

KARNATAKA ACT NO. 04 OF 2014
(First Published in the Karnataka Gazette Extra-ordinary on the fourth day of January,
2014)

THE KARNATAKA STATE COMMISSION FOR WOMEN (AMENDMENT) ACT, 2013
(Received the assent of the Governor on the third day of January, 2014)

An Act further to amend the Karnataka State Commission for Women Act, 1995.
Whereas, it is expedient further to amend the Karnataka State Commission for
Women Act, 1995 (Karnataka Act 17 of 1995) for the purposes hereinafter appearing;
Be it enacted by the Karnataka S tate Legislature in the sixty -fourth year of the
Republic of India, as follows:-

1. Short title and commencement. - (1) This Act may be called The Karnataka
State Commission for Women (Amendment) Act, 2013.
(2) It shall come into force at once.
Section 3 is Incorporated in the Principal Act

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