LexThe Maharashtra State Commission For Women Act, 1993.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1993 : Mah. XV] 1
THE MAHARASHTRA STATE COMMISSION FOR WOMEN
ACT, 1993
[Text as on 15th April 2024]
_____________
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title, extent and commencement.
2. Definitions.
3. Constitution of commission.
4. Term of office and conditions of service of Chairperson and members.
5. Officers and other employees of Commission.
6. Salaries and allowances to be paid out of grants.
7. Vacancies etc., not to, invalidate proceedings of Commission.
8. Committees of Commission.
9. Procedure to be regulated by Commission.
10. Functions of Commission.
11. Government to consult Commission.
12. Power of Commission to utilise the services of certain officers and investigation agencies
for conducting investigation.
13. Statements made by persons to Commission.
14. Registration of voluntary organisations and seeking their assistance.
15. Protection of act done in good faith.
16. Grants by State Government.
17. Accounts and audit.
18. Annual report.
19. Annual and other reports and audit report to be laid before State Legislature.
20. Chairperson, members, etc. to be public servants.
21. Power to make rules.
22. Power to remove difficulty.
23. Repeal of Mah. Ord. VII of 1993 and saving.
2 The Maharashtra State Commission for Women [1993 : Mah. XV
Act, 1993
1993 : Mah. XV] The Maharashtra State Commission for Women 3
Act, 1993
MAHARASHTRA ACT No. XV OF 19931
[THE MAHARASHTRA STATE COMMISSION FOR WOMEN ACT, 1993.]
[This Act received the assent of the President on the 24th April 1993; assent was
first published in the Maharashtra Government Gazette, Part IV, on the
25th April 1993.]
An Act to provide for Constitution of a State Level Commission for women
in the State of Maharashtra.
WHEREAS it was expedient to provide for the constitution of a commission with the aim of
furthering the fundamental rights guaranteed by articles 14, 15 and 16 of the Constitution of India with
respect to women and to give effect to the Directive Principles of St ate Policy and in particular those
enshrined in articles 38, 39, 39A and 42 of the Constitution to improve the status and dignity of women
in the society, to investigate into and take or suggest suitable remedial measures against practices
derogatory to wo men, to effectively monitor and implement laws affecting women and to advise the
Government on all matters related to the improvement and upliftment of status and dignity of women
in the society and for matters connected therewith or incidental thereto ;
AND WHEREAS it was considered necessary to immediately make a law for the same ;
AND WHEREAS both Houses of the State Legislature were not in session ;
AND WHEREAS the Governor of Maharashtra was satisfied that circumstance existed which
rendered it necessary for him to take immediate action to make a law for the purposes aforesaid ; and,
therefore, promulgated the Maharashtra State Commission for Women Ordinance, 1993 (Mah. Ord.
VII of 1993), on the 25th January 1993 ;
AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature ;
It is hereby enacted in the Forty-Fourth Year of the Republic of India as follows :—
1. Short title, extent and commencement.— (1) This Act may be called the Maharashtra State
Commission for Women Act, 1993.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall be deemed to have come into force on the 25th January 1993.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “Commission” means the Maharashtra State Commission for Women constituted under
section 3 ;
(b) “Director General of Police” means the Director General of Police, Maharashtra State ;
(c) “member” means a member of the Commission and include the Chairperson and the
Member-Secretary ;
(d) “Nationa l Commission for Women” means the National Commission for Women
constituted under section 3 of the National Commission for Women Act, 1990 (20 of 1990) ;
(e) “prescribed” means prescribed by rules made under this Act ;
(f) “women” includes female-child or adolescent girl.
3. Constitution of commission.— (1) The State Government shall, by notification in the Official
Gazette, constitute a body to be known as “the Maharashtra 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—
1 For Statement of Objects and Reasons of the L. A. Bill No. 3 of 1993, see Maharashtra Government Gazette , 1993,
Extraordinary, Part V, p. 22.
4 The Maharashtra State Commission for Women [1993 : Mah. XV
Act, 1993
(a) a Chairperson, who shall be an eminent woman committed to the cause of women ;
(b) not more than six non-official members preferably women, to be nominated by the State
Government from amongst the persons of ability, integrity and standing who have served the
cause of women or have had sufficient knowledge and experience in law or legi slation,
administration of matters concerning the advancement of women or leadership of any trade union
or voluntary organisation for women for protection, upliftment and promotion of common
interests of women :
Provided that, at least one member each shal l be from amongst persons belonging to the
Scheduled Castes and the Scheduled Tribes, respectively :
Provided further that, before nominating the Chairperson, the State Government shall
consult the women organisations within the State of Maharashtra ;
(c) the Director General of Police shall be the ex-officio member of the Commission ;
(d) one Member -Secretary, to be nominated by the State Government, shall b e a woman
officer, who is a member of the Civil Services of the State or of an All India Service or holds a
civil post under the State with appropriate experience, of the rank of Joint Secretary or above.
4. Term of office and condi tions of service of Chairperson and members. — (1) The
Chairperson and every non-official member shall hold office for a period of three years.
(2) The Chairperson or a non -official member may, at any time, by writing and addressed to the
State Government, resign from the office of the Chairperson or of the office of the member.
(3) Notwithstanding anything contained in sub -section (1), the State Government may remove a
person from the office of the Chairperson or member if, that person,—
(a) 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 ;
(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 :
(f) in the opinion of the State Government, has so abused the position of the Chairperson or
member as to render that person’s continuance in office detrimental to the public interest or is
otherwise unfit or unsuitable to continue as such Chairperson or member :
Provided that, no 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 (3) or in any other manner, shall be filled in, as
soon as may be, by a fresh nomination 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 would have held office, if the vacancy shall not occurred :
Provided that, i f the vacancy of a member other than that of the Chairperson occurs within six
months preceding the date on which the term of office of the member expires, the vacancy sha ll not be
filled in.
(5) The honorarium, if any, and allowances payable to, and the other terms and conditions of
holding the office of the Chairperson and the members shall be such as may be prescribed.
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5. Officers and other employees of Commission.— (1) The State Government shall provide the
Commission with such officers and employees as, in the opinion of the State Government, may be
necessary for the efficient performance of the functions of the Commission under this Act.
(2) The salaries and allowanc es payable to and the other terms and conditions of service of the
officers and other emp loyees 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 honorarium and allowances payable
to the Chairperson and members and the administrative expenses, including salaries, allowances and
pension payable to the officers and other employees referred to in section 5, shall be paid out of the
grants referred to in section 16.
7. Vac ancies 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 in, or defect in the constitution of, the Commission or any defect in the nomination of a person
acting as the Chairperson or a member or any irregularity in the procedure of the Commission,
including in issuing of notice for holding of a meeting, not affecting merits of the matter.
8. Committees of Commission.— (1) The Commission may appoint such committees as may be
necessary for the efficient performance, exercise and discharge of its functions, powers and duties and
also 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 appoint one or more persons, as it may think fit, on
any committee appointed under sub -section (1), and such person or persons, who are not members of
the Commission, shall have the right to attend the meetings of the committees and take part in its
proceedings, but shall not have the right to vote.
(3) The person so appointed shall be entitled to receive such allowances towards expenses for
attending the meetings and any other task of the Committee, as may be prescribed.
(4) The Commission may invite any representative of the National Commission for Women to
any of its meetings, or may associate with itself, in such manner and for such purposes as it may de em
necessary, any person whose assistance or advice it m ay need in complying with any of the provisions
of this Act or in carrying out any of its functions under this Act and a person so invited or associated
shall have the right to take part in the discussions of the Commission relevant to the purposes for which
such representative or person has been invited or associated, but shall not have the right to vote.
9. Procedure to be regulated by Commission. — (1) The Commission or a committee thereof
shall meet as and when necessary and shall meet at such time a nd place, as the Chairperson may deem
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.
10. Functions of Commission.— (1) The Commission shall 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 time, 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 condition of women by the State ;
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(d) review, from time to time, the existing provisions of the Constitution and other laws
affecting women and recommend amendments thereof so as to suggest remedial legislative
measures to meet any lacunae, inadequacies or shortcomings in such legislations ;
(e) take u p the cases of violation of the provisions of the Constitution and of other laws
relating to women with the State Government or appropriate authorities ;
(f) entertain complaints and take suo motu notice of matter 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 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 the State Government or appropriate authorities ;
(g) render guidance and advice to needy women in instituting proceedings in any judicial
forum or tribunal for violation of constitutional provisions or any other laws relating to women ;
(h) call for special studies or investigations into specific problems or situations arising out
of discrimination and atrocities against women and identif y the constraints so as to recommend
strategies for their removal ;
(i) undertake promotional and educational research so as to suggest ways of ensuring due
representation of women in all spheres and identity factors responsible for impeding their
advancement, such as, lack of access to housing and basic servi ces, inadequate support services
and technologies for reducing drudgery and occupational health hazards ;
(j) participate and advice o n the planning process of socio -economic development of
women ;
(k) evaluate the progress of the development of women in the State ;
(l) (i) inspect or cause to be inspected a jail, remand home, women’ s institution or other
places of custody where women are kept as prisoners or otherwise, and take up with the
concerned authorities such matters for remedial action as found necessary ;
(ii) may attend and with the permission of the concerned court or Lok Nyayalaya may
also have a right of audience before such court or Lok Nyayalaya in any case or any
question involving the protection of rights of woman including in camera trials by any court,
within the State ;
(m) fund litigation including police complaint involving issues affecting a large body of
women or the interpretation of any provisions of the Constitution or any other laws , affecting
women, and present to the State Government, every six months, report relating to such matters ;
(n) make periodical reports to the State Government on any matter pertaining to women and,
in particular, various difficulties under which women toil ;
(o) co-operate with and assist and seek co -operation and assistance of the National
Commission for Women and other Commissions for Women set up by different State
Governments and also the Commission for Scheduled Castes and Scheduled Tribes and the
Minorities Commission ;
(p) frame schemes for the consideration of the State Government or any other appropriate
authority for more effective implementation of this Act and, in particular, frame schemes for
more effective implementations of laws relating to payment of maintena nce to deserted women,
payment of minimum wages, ensuring equal pay for equal work, housing and shelter for women,
prevention of domestic violence, prevention of sexual harassment at work, prevention of illegal
traffic in women, improvement of the health and safety in women and legal aid for women ;
(q) any other matter which may be referred to it by the State Government or by the National
Commission for Women.
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(2) The Commission shall while investigating any matter referred to in clause ( a) or sub -clauses
(i) and ( ii) of clause ( f) 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 att endance of any person from any p art in the State 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.
(3) (a) On any investigation mentioned in clause ( a) or sub -clauses (i) and ( ii) of clause ( f) of
sub-section (1) being completed, the Commission on taking up the matter with the State Government
or the appropriate authority under clause ( e) or ( f) or sub -section ( 1) may, recommend to the State
Government or the appropriate authority, as the case may be, to institute legal proceedings or
prosecution in the matter and may also recommend to the State Government or the appropriate
authority, to appoint a counsel or a special prosecutor for the conduct of any such l egal proceedings or
prosecution; and the State Government may, having regard to the nature of the case and on being
satisfied that it is necessary, in its opinion, to appoint a counsel or special prosecutor, do so.
(b) The State Government or the appropriate authority, as the case may be, shall
communicate in writing to the Commission, from time t o time, the progress of any such legal
proceeding or prosecution filed on the recommendation of the Commission.
(4) The State Government or the appropriate authority shall not apply for withdrawal of any such
case or proceedings instituted under sub-section (3), without the prior consultation, in writing, with the
Commission.
11. Government to consult Commission. — The State Government shall consult the
Commission on all major policy matters affecting women.
12. Power of Commission to utilise the services of certain officers and investigation agencies
for conducting investigation. — (1) The Commission may, for the purpose of conducting
investigations under this Act utilise the services of,—
(a) any officer or investigation agency of the State or the Central Government with the
concurrence of that Government ; or
(b) any other person.
(2) For the purpose of conducting an investigation, any officer or agency referred to in clause ( a)
of sub-section (1) may, subject to the direction and control of the Commission,—
(a) summon and enforce the attendance of any person and examine him ;
(b) require the discovery and production of any document ; and
(c) requisition any public record or copy thereof from any office.
(3) Such officer or agency or the person shall investigate into the matter as directed by the
Commission and submit a report thereon (hereinafter, in this section, referred to as “the investigation
report”), to the Commission within such period or extended period as may be specified or extended by
the Commission in this behalf.
(4) The Commission shall satisfy itself about the correctness of the facts stated and the
conclusions, if any, arrived at in the i nvestigation report submitted to it under sub -section (3), and for
this purpose the Commission may make such inquiry (including the examination of the person or
persons who conducted or assisted in the investigation) as it thinks fit.
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13. Statements made b y persons to Commission. — No statement made by a person in the
course of giving evidence before the Commission or an officer or agency, referred to in clause ( a), or
the person appointed under clause (b), of sub-section (1) of section 12, shall subject him to, or be used
against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such
statement :
Provided that the statement,—
(a) is made in reply to a question which is required by the Commission or such officer or
agency or such person to answer, or
(b) is relevant to the subject matter under investigation.
14. Registration of voluntary organisations and seeking their assistance.— (1) Any voluntary
organisation for women within the State may seek registration with the Commission for the purposes
of the Act. The Commission may, after satisfying itself in the manner deemed fit by the Commission
about the value and role of such organisation in the society, include the name of such organisation in its
register.
(2) The Commission may maintain a register of voluntary organisations within the State and more
particularly women’s organisations whose assistance it may seek for the discharge of its functions.
(3) In discharge of its functions, the Commission may seek the assistance of any voluntary
organisation within the State, more particularly, the women’s organisations.
(4) A list of such organisations registered with the Commission shall be made available to any
court or authority or, on request, to the members of general public.
(5) If, for any reasons to be recorded in writing, the Commission deems it fit to cancel the name
of any organisation from its register, it may do so, after giving such organisation a reasonable
opportunity to be heard.
(6) The decision of the Commission about such cancellation shall be final.
15. Protection of act done in good faith.— No suit, prosecution or other legal proceedings shall
lie against any member of the Commission or any officer or other employee of the Commission or any
person acting under the direction either of the State Government or of the Commission, in respect of
anything which is in good faith done or intended to be done in pursuance of this Act or any rules or
orders made thereunder.
16. Grants by State Government. — (1) The State Government shall, after due appropriation
made by the State Legislature by law in this behalf, pay to the Commission by way of grants from the
Consolidated Fund of the State, 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 of money shall be t reated as expenditure payable out of the grants referred to in
sub-section (1).
17. Accounts and audit. — (1) The Commission shall maintain proper account 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 of the State of Maharashtra.
(2) The annual accounts of the Commission shall be audited by the Accountant General of the
State at such intervals as may be specified by him and a ny 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, sh all have the same rights and privileges and the authority
in connection with such audits as the Accountant General generally has in connection with the audit of
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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
duly appointed or authorised by him in this beh alf, together with the audit report, thereon shall be
forwarded annually to the State Government, by the Commission.
18. Annual report. — The Commission shall prepare, in such form and at such time for each
financial year as may be prescribed, its annual r eport, giving a full account of its activities during the
previous financial year and forward a copy thereof to the State Government.
19. Annual and other reports and audit report to be laid before State Legislature. — The
State Government shall cause the annual report and all the reports under clauses (b), (m) and (n) of sub-
section (1) of section 10 together with the memorandum of action taken or proposed to be taken on the
recommendation contained therein, in so far as they relate to the State Government and the reasons for
the non-acceptance, if any, of such recommendations, and the audit report, to be laid as soon as may be
after the reports are received, before each House of the State Legislature.
20. Chairperson, members, etc. 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 (45 of 1860).
21. Power to make rules. — (1) The State Government may, by notification in the Official
Gazette, and subject to the condition of previous publication, make rules for carrying out the provisions
of this Act. Such rules may provide for charging of fees for any of the purposes 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 successi ve sessions, and if, before expiry of the session
immediately following the session or the 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 o f 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 or omitted to be done under that rule.
22. Powe r to remove difficulty. — If any difficulty arises in giving effect to the provisions of
this Act, the State G overnment 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 such order shall be made after the expiry of a period of two years from the date
of commencement of this Act.
23. Repeal of Mah. Ord. VII of 1993 and saving.— (1) The Maharashtra State Commission for
Women Ordinance, 1993 (Mah. Ord. VII of 1993), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken (including any notification
issued or nomination, appointment, rules or order made) under the said O rdinance shall be deemed to
have been done, taken, issued or made, as the case may be, under the corresponding provisions of this
Act.