The Manipur State Commission for Women Act, 2006

No.2/21/2005-Leg/L
GOVERNMENT OF MANIPU'R
SECRETARIAT : LAW & LEGISLATIVE AFFAIRS
DEPARTMENT
NOTIFICATION
Imphal, the 1 la; July, 2006
.‘
_ The following Act of the Legislature, Manipur which received assent of the
PreSIdent of India on 23-6-2006 is hereby published in the Manipur Gazette.
THE MANIPUR STATE COMMISSION FOR WOMEN ACT. 2006
(Manipur ActNo.13 of 2006)
An
Act
to constitute a State Commission for Women and to provide for matters connected
therewith or incidental thereto.
Be it enacted by the Legislature of Manipur in the Fifiy-seventh Year of the
Republic of India as follows:-
Chapter — I
Preliminary
l. . Short title, extent and commencement : -
(1) This Act may be called the Manipur State Commission for
Women Act, 2006.
(2) It extends to the whole ofthe State of Manipur.
(3) It shall come into force on such date as the State Government
may, by notification in the official Gazette, appoint.
2. Definitions :- In this Act, unless the context otherwise requires:-
(a) "Commission" means the Manipur Commission for
Women constituted under section 3',
(b) "Member" means a Member of the Commission
including the Member-Secretary;
(c) "prescribed" means prescribed by rules made under
this Act;
(d) "State Govemment" means the Government of
Manipur.
Chapter — 11
Constitution of Commission
3. Constitution of State Commission for Women: -
(1)
(2)
The State Govemment shall constitute a body to be known as the
Manipur Commission for Women to exercise the powers conferred
on it and to perfonn the functions assigned to it under this Act.
The Commission shall consist of—
(a) a Chairperson who is committed to the cause of women,
to be nominated by the State Government;
(b) 3 (three) Members to be nominated by the State
Government from amongst eminent persons having
experience in social works, administration, law, or the
cause of women, of whom at least one shall be fiom
amongst the Scheduled Tribes or Scheduled Castes;
(c) a Member-Secretary to be appointed by the State
Government fi'om amongst suitable Government Officer
or person experienced in administration.
4. Terms of oflice and condition of service of Chairperson and Members:-
(1)
(2)
(3)
The Chairperson and every Member shall hold office for such
period, not exceeding three years asmay be specified by the State
Governmentin this behalf. '
The Chairperson or a Member (other than the Member-Secretary)
may, in writing and addressed to the State Government, resign from
the office ofthe Chairperson or ofthe Member, as the case may be,
at any time.
The State Government shall remove a person from the office of
Chairpeison or a Member referred to in sub-section (2) if that
person:-
(a) becomes an undischarged insolvent, or
' (b) gets convicted and sentenced to imbrisonment for an
offence involving moral turpitude, or
(c) becomes of unsound mind and stands so declared by a
competent court, or
(d) refiises to act or become incapable of acting or
(e) is, without obtaining leave of absence from the
Commission, absent from three consecutive meetings of
the Commission, or
(f) if, in the opinion ofthe State Government, has abused the '
position of Chairperson or Member, as the case may be,
so as to render that person's continuing in office
detximemal to the public interest:
; 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. ’
(4) A vacancy caused under sub-section (2) and (3) or otherwise shall
be filled by fresh nomination by the State Government.
(5) The salaries and allowances payable to and other tenns and
conditions of service of Chairpersons and Members shall be as may
be prescribed I
5. ’ Officers and employees of Commission: -
(1) The State Government shall provide the Commission with such
Offices and employees as may be necessary for the efficient
performance of the functions ofthe Commission under this Act.
(2) The salaries and allowances payable to, and the other terms and
conditions ofservice, ofthe officers and other employees appointed
for the purpose of the Commission shall be such as may be
prescribed.
6. Salaries and allowances to be paid by the State Government:-
The salaries and allowances payable to the Chairperson and the
Members and the administrative expenses, including salaries and
allowances payable to or in respect of the officers and other
employees ofthe Commission shall be paid out of grant by the State
Govemment.
7. Vacancies, etc. not to invalidate proceedings of Commission: -
No act or proceedings 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 ofthe Commission.
8. Procedures to be regulated by Commission: -
(l) The Commission shall meet at such time and place as the
Chairperson may think fit.
(2) The Commission shall regulate its own procedure.
(3) All orders and decisions of the Commission shall be authenticated
by the Chairperson or any member or the Member-Secretaxy of the
Commission duly authorized by the Chairperson in this behalf.
9. 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 powers 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 ofthe Committee and take part in its proceedings but shall
not have the right to vote.
(3) The person so co-Opted shall be entitled to receive such allowances for
attending the meetings ofthe Committee as may be prescribed.
Chapter - III
Functions of the Commission
10. Functions of the Commission :—
(1) Subject to the provision ofthis Act, the Commission shall perform all
or any ofthe following fimctionsr
a)
(b)
(C)
(d)
investigate and examine all matters relating to the safeguard
provided for women under the Constitution of India (hereinafter
referred to as the Constitution) and other laws and recommend
steps to be taken by the State Government for effective
implementation of such safeguards;
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 service and technologies for
reducing drudgery and occupational health hazards and for
increasing their productivity;
take up cases of violation of the provisions of the Constitution
and other laws relating to women in the State with the
appropriate authonties;
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 and also to achieve the objectives of
equality and development of women;
(iii) non-compliance of policy decisions, guidelines,
instructions aimed at mitigating hardship and
ensuring welfare and providing relief to women and
to take up issues arising out of such matters with
appropriate authorities;
(e) call for special studies or investigation into specific problems
or situation arising out of discrimination and atrocities against
women and identify the constraints so as to recommend
strategies for their removal;
(f) evaluate the progress of the welfare and development of
women inthe state;
(g) inspect or cause to be inspected jails, remand homes, women's
institutions or other places of custody where women are kept as
prisoners or otherwise and take up with the authorities
concerned for remedial action, if found necessary;
(h) make periodical reports to the Government on any matter
pertaining to women and in particular various difficulties under
which women toil;
(i) any other matter which may be referred to it by the State
Government;
(j) funding of litigation involving issues affecting a large) body of
women;
(k) participate and advise on the planning process of socio-
economic development of women.
(2) The Commission shall, while investigating any matter referred to in sub-
clauses (a) and (d) of sub-section (1), have all the powers of a Civil Court
under the Code of Civil Procedure, 1908, while trying a suit and, in
particular, in respect ofthe following matters, namely:-
(a) summoning and enforcing the attendance of any 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) any other matters which may be prescribegi.
11. Reports of the Commksion :-
(1)
(2)
The Commission shall prepare and present to the State Government
an annual report for each financial year and report at such other
times as the Commission may deem fit, of its activities together with
its recommendations, and the State Government shall cause them to
be laid before State Legislature as soon as possible along with a
Memorandum explaining the action taken or proposed to be taken on
the recommendations and the reasons for nonvacceptance, if any, of
such recommendations.
It shall be duty of the Commission to fiJmish comments and
recommendations on any report of the National Commission for
Women or any matters with which the State Government is
concerned as the State Government may call for.
Chapter — IV
Finance, Accounts and Audit
12. Grant by State Govemmentz-
(1)
(2)
The State Government shall, under appropriation made by the State
Legislature by law in this behalf; pay to the commission by way of
grant such sums of money and in such manner as the State
Government may think fit for being utilized for the purposes of this
Act
The Commission may spend such sums of money as it thinks fit for
performing fimctions under this Act, and such sums of money shall, be treated as expenditure payable out of the grant referred to in sub-
section ( l).
13. Accounts and Audit:-
(1)
(2)
(3)
(4)
The Commission shall maintain proper accounts and other relevant
records and prepare an annual statement of accounts in such forms as
may be prescribed by the State Government in consultation with the
Accountant General, Manipur.
The annual accounts of the Commission shall be audited by the
Accountant General, Manipur.
The Accountant General, Manipur shall have the same right and
privilege and authority in connection with such audit as Accountant
General, Manipur generally has in connection with the Audit of
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 offices of the
Commission.
The accounts of the Commission as certified by the Accountant
General, Manipur together with the Audit Report thereon shall be
forwarded annually to the State Government by the Commission.
Chapter — V
Miscellaneous
14. Chairperson, 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 ofthe Indian Penal Code.
15. Powers of State Government to make rules:-
(1) The State Government may, by notification, make rules for carrying
out the provisions ofthis Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following
matters, namely:-
(a) salaries and allowances payable to and the terms and theconditions of service of the Chairperson and the Members
under sub-section (5) of section 4 and all ofi'icers and otheremployees under sub-section (2) of section 5.
(b) the form in which the annual statement of accounts shall bemaintained under sub-section (1) of section 13;
(c) the form in which and the time at which, the annual report
shall be prepared under section 11.
(3) Every rule made under this Act, shall be laid, as soon as may be afterit is made,» before the State Legislature, while it is in session, for atotal'period of 14 days which may be comprised in one session or intwo Or more successive sessions, and if, before the expiry of thesession immediately following the session or the successive sessionsaforesaid, the State Legislature agrees in making any modification inthe rules or State Legislature agrees that the rule should not be made,the rules shall thereafter have effect only in such modified form orbe of no effect, as the case may be; so, however, that any suchmodification or annulment shall be without prejudice to the validityof anything previously done under that rule.
1 'fi [9.19%
(ASukumar iSmgh) L
Secretary (Law) to the 6)
Government of ManipurCopy to : .
1. The Secretary to the Governor of Manipur, Raj Bhavan,.lmphal.2. The Secretary to Chief Minister, Manipur. '3. PS; to Minister (Law), Manipur.
4. PS. to Chief Secretary, Govt. ot‘Manipur.
5. The Commissioner (SW), Govt. of Manipur.
6. The Secretary, Manipur Legislative Assembly, Imphal.7. ShriY.K.Baweja_. Deputy Secretary to the Govtoflndia, Ministry ofHome Affairs, New Delhi w.r.to his letter No. l 7/1Sz’ZtIJO6-Iudl.&P.P.Dt.28-6-2006.
8. The Director, Printing 8; Stationery, Manipur for favour of‘publication inthe Manipur Gazette Extra Ordinary dated 1 1-72006. He is requestedkindly to send 20 copies of the publication to the Law 8.: LegislativeAffairs Department.
9. Guard File.

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