The Odisha (State) Commission for Women Act, 1993.

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1ORISSA ACT 19 OF  1994
AN ACT TO CONSTITUTE A STATE COMMISSION FOR
WOMEN AND TO PROVIDE FOR MA TTERS CONNECTED
THEREWITH OR INCIDENT AL THERETO
No. 13859/Legis.– The following Act of the Orissa Legislative Assembly
having been assented to by the President on the 24th Sptember, 1994 is hereby
published for general information.
Be it anacted by the Legislature of the State of Orissa in the Forty fourth
Year of the Republic of India, as follows:
CHAPTER - I
PRELIMINAR Y
1. Shor t title, extent and commencement :– (1) This Act may be
called the 2Orissa (State) Commission for Women Act, 1993.
(2) It extend, to the whole of the State of Orissa.
(3) It shall come into forces2 on such date as the State Government may
by notification, appoint.
2. Definitions :– In this Act, unless the context otherwise requires,–
(a) “Commission”  means the State Commission for women constituted
under Section 3;
(b) “Member”  means a Member of the Commission;
(c) “Pr escribed”  means prescribed by rules made under this Act.
CHAPTER - II
THE ST ATE COMMISSION FOR WOMEN
3. Constitution of S tate Commission for  women :– (1) The S tate
Government shall constitute a body to be known as the 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–
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 1198 Dated. 07 October, 1994.
1. Published vide O.G.E. No. 1198/7.10.1994.
2. Came into force w.e.f. 19.12.1994 vide O.G.E. No. 1419/1994.
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(a) a Chair-person, who is an eminent social worker or a professional
committed to the cause of women, to be nominated by the State Govern-
ment;
(b) six members to be nominated by the State Government from
amongst persons of ability, integrity and standing of whom.
(i) one shall be an official;
(ii) one shall be an eminent advocate;
(iii) two shall be social workers of repute; and
(iv) two shall be experts in education and health:
Provided that at least one Member each shall be from amongst persons
belonging to the Scheduled Castes and the Scheduled Tribes respectively.
(3) An of ficer not less than the rank of a Deputy Secretary to the
Government of Orissa in char ge of Women's Welfare shall be the Convenor
Secretary of the Commission whose duty shall be to facilitate co-ordination
between the Commission and the Government in the activities relating to
Women's Welfare and participation in the development of the State.
4. Term of of fice and conditions of service of Chair -person and
Members :– (1) The Chair-person and every member shall hold office for
such period, not exceeding three years, as may be specified by the State
Government in this behalf.
(2) The Chair-person or a Member (other than the official Member)
may, by writing and addressed to the State Government, resign from the office
of Chair-person or, as the case may be, of the Member at any time.
(3) The State Government shall remove a person from the office of
Chair-person of a Member referred to in Sub-section (2) it that person–
(a) become an undischarged insolvent;
(b) gets convicted and sentenced to imprisonment for an offence involv-
ing moral turpitude;
(c) bcomes 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; or
(f) in the opinion of the State Government, has so abused the position of
Chair-person or Member as to render that person's continuance in office
detrimental to the public interest:
Provided that no person that 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 Chair-person and Members shall be such as may be
prescribed.
5. Officers and other employees of the Commission :– (1) The
State Government shall provide the Commission with such officers and
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employees as may be necessary for the efficient performance of the functions
of the Commission, under this Act.
(2) The salaries and allowances payable to, and the other terms and
condition of Service of, the 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 out of grants :– The salaries
and allowances payable to the Chair-person 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
referred to in Sub-section (1) of Section 11.
7. Vacancies, etc. not to invalidate pr oceedings of the
Commission :– No at or proceeding 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 of the Commission.
8. Committees :–  (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 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. 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 and place as the Chair-person may think 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 Convenor-Secretary or any other officer of the Commission duly authorised
by the Convenor-Secretary in this behalf.
CHAPTER - III
FUNCTIONS OF THE COMMISSION
10. Functions of the Commission:–  (1) The Commission shall perform
all or any of the following functions, namely:
(a) make indepth studies on–
(i) the economic educational and health situation of the women of the
State, with particular emphasis on the tribal districts and areas
which are under developed with respect to women's literacy ,
mortality and economic development.
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(ii) condition in which woman work in factories, establishments,
construction sites and other similar situations,
and recommend to the State Government on the basis of specific
reports on improving the status of women in the said areas;
(b) compile information, from time to time, on instances of all offences
against women in the State, or in selected areas, including cases related to
marriage and dowry, rape, kidnapping, criminal abduction, eve-teasing,
immoral trafficking in women and cases of medical negligence in causing
delivery of sterilisation or medical intervention that relates to child beating
or child birth;
(c) will co-ordinate with the State Cell and District Cells for atrocities
against women, if any for mobilisation of public opinion in the State as a
whole or in specific areas which would help in speedy reporting and
detection of offences of such atrocities and inobligation or public opinion
against the offenders;
(d) receive complaints on–
(i) atrocities on women and offences against women;
(ii) deprivation of women of their rights relating to minimum wages
basic health and maternity rights;
(iii) non-compliance of policy decisions of the Government relating to
women;
(iv) rehabilitation of deserted and destitute women and women forced
into prostitution;
(v) atrocities on women in custody and take up with authorities
concerned for appropriate remedial measures.
(e) assist, train and orient the non-Government Organisation in the State
in legal counselling of poor women and enabling such women to get legal
aid;
(f) inspect or cause to be inspected, a jail, remand, 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, it found
necessary;
(g) perform functions in relation to any other matter which may be
referred to it by the State Government.
(2) The State Government shall cause all the recommendations or reports,
or any part thereof, as may be presented to it by the Commission under Sub-
section (1), which relate to any matter with which the State Government is
concerned, to be laid before the Legislature of the State alongwith a
memorandum, explaining the action taken or proposed to be taken on the
recommendations of the Commission and the reasons for the nonacceptance, if
any, of such recommendations.
(3) The Commission shall, while investigating any matter referred to in
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Clause (a) or Clause (d) of Sub-section (1), have all the powers of Civil Court
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 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 Court or
office;
(e) issuing commissions to the examination of witness and documents;
and
(f) any other matter which may be prescribed.
CHAPTER - IV
FINANCE, ACCOUNTS AND AUDIT
11. Grants by State Government :– (1) The State Government shall,
after due appropriation made by the Legislative Assembly by law in this behalf,
pay to the Commission by way of grants such sums of money as the State
Government may think fit for being utilised for the purpose of this Act.
(2) The Commission may spend such sums 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 (1).
12. Accounts and audit :– (1) The Commission shall maintain proper
accounts and other relevant records and prepare an annual statement of accounts
in such form as may be prescribed by the State Governments in consultation
with the Accountant-General, Orissa.
(2) The accounts of the Commission shall be audited by the Accountant-
General, 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 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 connection with
such audit as the Accountant-General generally has in connection with the audit
of Government accounts and in particular, shall have the right to demand the
production of books, accounts, cannected vouchers and other documents and
papers and to inspect any of the offices of the Commission.
(4) The accounts or the Commission, as certified by the Accountant-
General or any other person appointed by him in this behalf together with the
audit report thereon shall be forwarded annually to the State Government by
the Commission.
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13. 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 State Government.
14. Annual report and audit report to be laid:– The State Government
shall cause the annual report together with a memorandum of action taken on
the recommendations contained therein so far as they relate to the State
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 repealed, before the Legislative Assembly.
CHAPTER - V
MISCELLANEOUS
15. Chair-person, Members and staf f of Commission to be public
servants :– The Chair-person, 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.
16. S tate Government to consult Commission :– The S tate
Government shall consult the Commission on all major policy Matters affecting
women.
17. Power  to make rules :– (1) The S tate Government may , by
notification, make rules for carrying out the provisions of this 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 other terms and condi-
tions of service of the Chair-person and Members under Sub-section (5)
of Section 4 and of officers and other employees under Sub-section (2) of
Section 5;
(b) allowances for attending the meetings of the committee by the co-
opted persons under Sub-section (3) of Section 8;
(c) other matters under Clause (f) of Sub-section (3) of Section 10;
(d) the form in which the annual statement of accounts shall be main-
tained under Sub-section (1) of Section 12;
(e) the form in, and the time at which, the annual report shall be pre-
pared under Section 13;
(f) any other matter which is required to be, or may be, prescribed.
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