LexThe rajasthan state commission for women act, 1999
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The Rajasthan State Commission
For Women Act, 1999
1. Short title, extent and commencement (1) This Act may be called the
Rajasthan State Commission for Women Act, 1999.
(2) It shall extend to the whole of the State of Rajasthan.
(3) It shall come into force at once.
2. Definitions- In this Act unless the context otherwise re-quires,-
(a) "Chairperson" means Chairperson of the Commission appointed under
section 3;
(b) "Commission" means the Rajasthan State commission for Women
constituted under section 3;
(c) "Member" means a member of the commission;
(d) "Unfair practice" means any distinction, exclusion or restriction made on
the basis of sex for the purpose of or which has the effect of impairing or
nullifying the recognition, enjoyment of exercise by women of Constitutional
rights or of fundamental freedom in the political, economic, social, cultural,
civil or any other field, or the infringement of any right or benefit conferred
on women by or under the provisions of any law for the time being in force,
or the mental or physical torture of sexual harassment of excesses on
women.
3. Constitution of the Commission-(1) The State Government shall, by
notification in the Official Gazette, constitute a Commission to be known as
the Rajasthan 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 a Chairperson and not more than four
members including the Member Secretary to be appointed by the State
Government and out of the four members one shall be a woman either
belonging to the Scheduled Castes or to the Scheduled Tribes and one shall
be from other backward classes.
(3) The Chairperson shall be an eminent woman committed to the cause of
women with sufficient knowledge and experience in dealing with problems
of women.
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(4) The members of the Commission shall be women of ability, integrity and
standing and having adequate knowledge or experience or have shown
ability in dealing with problems relating to safeguarding and promoting the
interests of women and protecting their rights.
(5) The Secretary of the Commission shall be appointed by the State
Government and shall exercise such powers and perform such functions of
the Commission as may be prescribed or as may be delegated to her by the
Commission.
(6) The Secretary shall receive such salary and allowances as are applicable
to the post and the cadre from which she is drawn.
4. Term of office and condition of service of members- (1) Subject to the
provisions of section 3, Chairperson and every member shall hold office for a
period of three years.
(2) Notwithstanding anything contained in sub-section (1), Chairperson or a
member may,-
(i) by writing under her hand and addressed to the State Government resign
from office at any time;
(ii) be removed from her office in accordance with the provisions of section
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3. A vacancy arising by reason of resignation or removal of any member of
the Commission under sub-section (2) or otherwise shall be filled up in
accordance with the provisions contained in section 3:
Provided that a person so appointed shall hold office for the
remainder of the period of the term of the member in whose place such
person is appointed as member.
(4) Chairperson and every member shall receive such remuneration and
allowances, and shall be governed by such conditions of service, as may be
prescribed by the State Government from time to time:
Provided that such conditions of service shall not be varied to the
disadvantage of a member after her appointment.
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5. Quorum- The quorum for a meeting of the Commission shall be three
including Chairperson.
6. Disposal of Business- (1) The meeting of the Commission shall be
presided over by the Chairperson or in her absence by a member Chosen for
the purpose by the members present.
(2) All questions at a meeting of the Commission shall be decided by the
majority of the votes of the members present and voting and in case of
equality of votes the Chairperson or the member presiding, as the case may
be, shall have a casting vote.
(3) The Commission may invite, if it is considered necessary, for such
purposes and on such conditions as may be prescribed, any person with
expert knowledge in a particular subject to be present at the meeting to
assist the Commission in arriving at a decision, but such person shall not be
entitled to vote.
7. Order of the Commission not be invalidated be infirmity or any
vacancy etc.- No order or proceeding of the Commission shall be invalidated
by reason only of any defect or irregularity in its constitution or on the
ground of existence of any vacancy in the office of any member.
8. Removal of Chairperson or member from office- Chairperson or any
member of the Commission may be removed from office by an order of the
State Government, if she-
(a) becomes an undischarged insolvent;
(b) in convicted and sentenced to imprisonment for an offence which
involves moral turpitude or any other criminal activity;
(c) becomes of unsound mind;
(d) refuses to act or becomes incapable of acting;
(e) is without obtaining leave of absence from the Commission absent for
three consecutive meetings of the Commission or
(f) in the opinion of the State Government has so abused financially or
otherwise the position of Chairperson or member as to render her
continuance in office detrimental to the public interest:
Provided that a member shall not be removed under this section until
she has been given a reasonable opportunity of being heard in the matter.
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9. Officers and the employees of the Commission-(1) The State
Government shall provide the Commission, such officer and employees as
may be necessary for the efficient performance of the functions of the
Commission under this Act.
(2) The salaries, allowances payable to, and the terms and conditions of the
service of the officers and other employees appointed for the purpose of the
Commission shall be such as may be prescribed.
10. Powers of the Commission to enforce attendance and production of
documents.-(1) The Commission shall, for the purpose of any inquiry under
this Act, have the same powers as are vested in a civil court while trying a
suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), in
respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any witness and examining
him/her;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public records or copy thereof from any public office;
(e) issuing commissions, summons for the examination of witnesses.
(2) The Commission shall be deemed to be Civil court and when any offence
as is described in section 175, section 178, section 179 , section, 180 or
section 228 of the Indian Penal Code, 1860 (Central Act 45 of 1860) is
committed in the view or presence of the Commission, the Commission may,
after recording the facts constituting the offence and the statement of the
accused as provided for in the Indian Penal Code, 1860 (Central Act 45 of
1860) or the Code of Criminal Procedure, 1973 (Central Act 2 of 1974),
forward the case to a Magistrate having jurisdiction to try the same and the
Magistrate to whom any such case is forwarded shall proceed to hear the
complaint against the accused as if the case has been forwarded to him
under section 346 of the Code of Criminal Procedure, 1973 (Central Act 2 of
1974).
(3) Every proceeding before the Commission shall be deemed to be judicial
proceeding within the meaning of sections 193 and 228, and for the
purposes of section 196, of the Indian Penal Code, 1860 (Central Act 45of
1860) and the Commission shall be deemed to be a civil court for all the
purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure,
1973 (Central Act 2 of 1974).
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11. Functions of the Commission- (1) The Commission Shall Perform all or
any of the following functions, namely:-
(i) inquire into any unfair practice, take decision thereon and to recommend
to the Government actions to be taken in that Matter;
(ii) investigate or cause investigation to be made on issues of importance
concerning women or issues concerning unfair practices and report thereon
to the Government on the corrective measures to be taken,
(iii) submit to the State Government an annual report or report on,-
(a) the lacunae, inadequacies or shortcomings in the laws in force which
affect the constitutional right to equality and fair treatment of women and
also on the remedial legislative measures to be taken to meet such situation,
(b) the monitoring of the working of laws in force cobncerning women with
a view to indentifying the areas where the enforcement of laws is not
adequately effective or has not been streamlined and recommending,
executive or legislative measures to be taken in amelioration thereof,
(c) monitoring the recruitments made to State Public Services and State
Public Undertaking and scrutinising the rules and regulations governing
such recruitments with a view to reporting to the State Government for
action, if any, required to guarantee equal opportunity to women in the
matter of such recruitments;
(iv) (a) inspect or cause to be inspected, by any officer of the Commission
duly authorised by the Commission in that behalf, and prison, police station,
lockup, sub-jail, rescue home or other places of custody where women are
kept as prisoners or otherwise, or shelters for women or othersimilar place
run by the State Government or any of its agencies including agencies
receiving aid from the Government for the purpose of offering rescue or
shelter to women, or hostels intended for women or girls run by any person
and all such other places wherein unfair practices against women is
complained of and cause further in quires to be made about the treatment
that women and girls are subjected to at such places and to report to the
Government for taking remedial action,
(b) in cases where the Commission is of the view that any public servant has
been grossly negligent or grossly indifferent in regard to the discharge of his
duties in relation to the protection of the interests of women, it may
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recommend to the concerned disciplinary authority to initiate disciplinary
action;
(v) recommend to Government, the welfare measures to be adopted and
implemented by the Government with a view to ameliorating the conditions
of women;
(vi) formulate a comprehensive and affirmative scheme for securing equal
opportunities for women and devise a programme for implementing such
schemes which shall be forwarded to the State Government for approval and
on obtaining approval thereof with or without modification, implement the
same of cause the same to be implemented;
(vii) to recommend to the appropriate authority to take prosecution
proceedings in respect of offences committed against women under any
statute providing for penalty for violation of the provisions of such statutes;
(viii) maintain a Comprehensive Data Bank relating to the social, economic
and political conditions of women including comparative study, updating the
same from time to time, making available such data for use in actions for
vindication of the rights of women;
(ix) recommend to Government to initiate legislation for removal of
discrimination in the case of inheritance, guardianship, adoption and divorce
or for matter relating to the safeguarding of the dignity of women and the
honour of motherhood;
(x) call for special studies or investigation into specific problems or
situations arising out of discrimination and atrocities against women and
indentify the constraints so as to recommend strategies for their removal;
(xi) advise on the planning process for socio-economic development of
women;
(xii) fund litigation involving issues affecting a large body of women;
(xiii) make periodical reports to the State Government on any matter
pertaining to women and in particular various difficulties under which
women toil;
(xiv) 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
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housing and basic services, inadequate support services and technologies
for, reducing drudgery and occupational health hazards and for increasing
their productivity;
(xv) create awareness about the issues pertaining to women;
(xvi) any other matter which may be referred to it by the Government the
general public, the press or take suo moto cognizance of any rights
infringement as is perceived by the Commission to be detrimental to the
cause of women.
12. inquiry into unfair practices-(1) The Commission may inquire into
any unfair practice,-
(a) on receiving a written complaint from any women alleging that she has
been subjected to any unfair practice or on a similar complaint from any
registered women's organisation;
(b) on its own knowledge or information;
(c) on any request from the Government;
(d) on a complaint lodged by a person having personal knowledge of such
unfair practice.
(2) Where the complaint has been made under clause (a) of sub-section (a),
the Commission may, before the issue of any process to the person
complained against, cause a preliminary investigation to be made in such
manner as it may deem fit. for the purpose of satisfying itself that the
complaint requires to be enquired into.
(3) (i) Where the person against whom the complaint has been made,
appears and shows cause and satisfies the Commission, no further action be
taken thereon for initiation of any proceeding;
(ii) Where the person against whom the complaint has been made, appears
and fails to satisfy the Commission or where he fails to appear on the day
appointed for the purpose, the Commission may proceed to inquire in to the
matter alleged in the complaint and if the Commission finds that there is any
unfair practice or there appears to be a special ground for proceeding in the
matter, the Commission shall recommend to the State Government for
initiating action and prosecution in that matter.
(4) The State Government shall, within three months from the date of receipt
of the recommendations of the Commission under sub-section (3), take a
decision thereon and intimate the same to the Commission.
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13. Initiation of prosecution- if after investigation into any complaint
under section 12, the Commission is satisfied that a person has committed
any criminal offence and that the person should be prosecuted in a court of
law of such offence, it may pass an order to that effect and initiate
prosecution of the person concerned, if there is on necessity for prior
sanction and if prior sanction of any authority is required for such
prosecution, such sanction shall be obtained from that authority .
14. Annual and special report of the Commission - (1) The Commission
shall submit an annual report to the State Government and may at any time
submit special reports on any matter which, in its opinion, is of such urgency
or importance that it should not be deferred till submission of the annual
report.
(2) The State Government shall cause the annual and special reports of the
Commission to be laid before House of the State Legislature, alongwith a
memorandum of action taken or proposed to be taken on the
recommendations of the Commission and the reasons for non-acceptance of
the recommendations, if any.
15. Sittings of the Commission - (1) The place of the sitting of the
Commission shall be at Jaipur, but for the purpose of inquiring into any
unfair practice, it may hold sittings at any place within the State.
(2) The Commission shall with the previous approval of the State
Government make regulations for regulating its procedure and the disposal
of its business and the regulations shall after they made, published in the
Official Gazette.
(3) The Chairperson may, with the approval of the Commission assign any
function of the Chairperson to any other member or members of the
Commission.
16. State Government to consult the Commission- The State Government
shall, from time to time, consult the Commission on major policy matters
affecting women.
17. Members, Officers and employees of the Commission to be public
servants-All Members, officers and other employees of the Commission shall
deemed, when acting or purporting to act in pursuance of any of the
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provision of this Act, to be public servants within the meaning of section 21 o
the Indian penal code, 1860 (Central Act 45 of 1860).
18. Grants by the State Government- The State Government shall after due
appropriation made by the Stage Legislature, 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 by the Commission for the purpose of this Act.
19. Donations, Contribution etc. to the Commission- The Commission
may, with the previous sanction of the State Government and Subject to such
terms and conditions and may be specified in this behalf by the State
Government, receive money from any organisation, or person by way of
donation, contribution, or by whatever name called for the purpose of this
Act.
20. Accounts and Audit- (1) The Commission shall maintain proper
accounts and other relevant records and prepare and annual statement of
accounts in such from as may be prescribed by the State Government in
consulation with the Accountant General, Rajasthan.
(2) Accounts of the Commission shall be audited by such authority or body
as may be prescribed by the State Government and the expenditure incurred
in connection with such audit shall be payable out of the grant provided to
the Commission.
(3) The Authority or the body prescribed under sub-section (2) shall have
the same rights, privileges and authority in connection with such audit as the
Accountant General, Rajasthan has in connection with the audit of
Government accounts and in particular shall have the right to the production
of books, accounts, connected Vouchers and other documents and to inspect
other relevant records of the Commission pertaining to the accrual of funds
and their disbursements.
(4) The accounts of the Commission as certified by the auditor, auditing
accounts under this section, together with the audit report thereon shall be
forwarded annually to the State Government by the Commission.
21. Act no to apply in certain cases- This Act shall not apply to,-
(i) the Central Government; or
(ii) any public sector undertaking of the Central Government, or any other
institution owned or controlled or financed by The Central Government.
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22. Power to make rules- (1) The State Government may, be notification in
the Official Gazette, 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 other terms and conditions of
service of the Chairperson and members;
(b) salaries and allowances payable to, and conditions of service of, officers
and other employees appointed for the purposes of the Commission;
(c) the form in and the time at which the annual statement of accounts shall
be maintained;
(d) any other matter which is required to be, or may be, prescribed in
accordance with the provisions of this act.
(3) All rules mad under this Act, shall be laid, as soon as may be, after they
are so made, before the House of the State Legislature, while is in session, for
a period of not less than fourteen day which may be comprised in one
session or two successive sessions, and if, before the expiry of the session in
which they are so laid or the session immediately following, the house of the
State Legislature makes any modification in any such rules, or resolves that
any such rules should not be made, such rule shall thereafter have effect 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 thereunder.