The Telangana Womens Commission Act, 1998.

THE TELANGANA WOMEN’S COMMISSION ACT, 1998. 
(ACT NO. 9 OF 1998) 
ARRANGEMENT OF SECTIONS 
Sections 
1. Short title, extent and commencement. 
2. Definitions. 
3. Act not to apply in certain cases. 
4. Application of other laws not barred. 
5. Constitution of the Commission. 
6. Term of office and conditions of service of members. 
7. Quorum. 
8. Disposal of Business. 
9. Constitution of adhoc Committee. 
10. Acts of the Commission not to be invalidated by 
infirmity or any vacancy etc. 
11. Removal of members from office. 
12. Appointment of Director and other staff of the 
Commission. 
13. Salaries, allowances, grants etc. 
14. Power of the Commission. 
15. Functions of the Commission. 
16. Inquiry into unfair practices. 
17. Initiation of prosecution. 
18. Annual Report to be laid before the Legislature. 
19. Sittings of the Commission. 
20. Authentication of orders, etc., of the Commission. 
21. Government to consult the Commission. 
2  [Act No. 9 of 1998] 
22. Members, Officers and employees of the Commission 
to be Public Servants. 
23. Protection of acts done in good faith. 
24. Courts not to grant injunctions. 
25. Removal of difficulties. 
26. Power to make rules. 
 
THE TELANGANA WOMEN’S COMMISSION ACT, 1998.1 
 
ACT No.9 OF 1998. 
 
1. (1) This Act may be called the 2Telangana Women’s 
Commission Act, 1998. 
 
 (2) It extends to the whole of the State of 2Telangana. 
 
 (3) It shall come into force on such date as the 
Government, may by notification, appoint. 
 
2. In this Act, unless the context otherwise requires:- 
 
 (a) “Commission” means the Commission constituted 
under section 5; 
 
 (b) “Director” means the Director appointed under 
section 12; 
 
 (c) “Government” means the Government of 
2Telangana; 
 
 (d) “Member” means a Member of the Commission 
and includes the Chairperson; 
 
 (e) “Notification” means the notification published in 
the 2Telangana Gazette and the word “notified”  shall be 
construed accordingly; 
                                                           
1. The Andhra Pradesh Women’s Commission Act, 1998  received the 
assent of the President on the 9th March, 1998. The said Act in force in 
the combined State, as on 02.06.2014, has been adapted to the State of 
Telangana, under section 101 of the Andhra Pradesh Reorganisation 
Act, 2014 (Central Act 6 of 2014) vide. the Notification issued in 
G.O.Ms.No.21, Department for Women, Children, Disabled and Senior 
Citizens (Schemes), dated 01.06.2016. 
2. Substituted by G.O.Ms.No.21, Department for Women, Children, 
Disabled and Senior Citizens (Schemes), dated 01.06.2016. 
Short title, extent 
and 
commencement. 
Definitions. 
2  [Act No.9 of 1998] 
 (f) “Prescribed” means prescribed by rules made under 
this Act; 
 
 (g) “Public Servant ” means any employee of the 
Government or a local body or any corporation owned or 
controlled by the Government or of any Government agency 
or any public undertaking; 
 
 (h) “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 or exercise by women of 
fundamental, constitutional rights, or of human 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 or sexual excesses on women; 
 
 (i) “Woman” includes adolescent girl or female child. 
 
3. 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 directly by the Central Government. 
 
4. Save as otherwise provided, the provisions of this Act 
shall be  in addition to and not in derogation of, any other 
law for the time being in force, except to the extent the 
provisions of the other law are inconsistent with the 
provisions of this Act. 
 
 
Act not to apply in 
certain cases. 
Application of 
other laws not 
barred. 
[Act No.9 of 1998]  3 
5. (1) For the purpose of this Act, the Government shall, 
by notification, constitute a commission to be known as the 
3Telangana Women’ s Commission which shall consist of a 
Chairperson and not more than six other women members 
residing in the state to be nomi nated by the Government of 
whom one shall belong to the Scheduled Castes and one 
from the Scheduled Tribes and one from the Backward 
Classes and one from the Minorities Communities. 
 
 (2) The Chairperson shall be an eminent women 
committed to the cause of welfare of women with sufficient 
knowledge and e xperience in dealing with women’ s 
problems. 
 
 (3) The members of the Commission shall be women 
of ability, integrity and standing who have served the cause 
of women or have had sufficient knowledge and experience 
in law or legislation, 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. 
 
6. (1) Every member shal l hold office  for a p eriod of five 
years. 
 
 (2) Notwithstanding anything contained in sub -section 
(1), a member may,- 
 
  (i) by writing under her hand and addressed to the 
Government resign her office at any time; 
 
  (ii) be removed from office in accordance with the 
provisions of section 11. 
 
                                                           
3. Substituted by G.O.Ms.No.21, Department for Women, Children, 
Disabled and Senior Citizens (Schemes), dated 01.06.2016. 
Constitution of the 
Commission. 
Term of office and 
conditions of 
service of 
members. 
4  [Act No.9 of 1998] 
 (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 5: 
 
 Provided that a person so appointed shall hold office 
for the remaining period of the term of the person in whose 
place such person is appointed. 
 
 (4) The members shall receive such remuneration and 
other allowances and shall be governed by such conditions 
of service as may be prescribed: 
 
 Provided that such conditions of service shall not be 
varied to the disadvantage of a member after her 
appointment. 
 
7. The quorum for a meeting of the Commission shall be 
four. 
 
8. (1) The  meeting of the Commission shall be presided 
over by the Chairperson or in her absence a member 
chosen for the purpose by the members present. 
 
 (2) All questions at a meeting of the Commission shall 
be decided by a 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 second or 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. 
 
Disposal of 
Business. 
Quorum. 
[Act No.9 of 1998]  5 
9. (1) The Commission may for the purpose of transacting 
any business before it or for any special issue constitute an 
adhoc Committee consisting of;- 
 
  (a) not more than two members of the Commission; 
 
  (b) not  more than two experts chosen by the 
Commission on any particular subject. 
 
 (2) If the Chairperson is a member of the Committee, 
the Chairperson shall preside over the meeting of the 
Committee. 
 
 (3) The quorum for the meeting, the manner of 
disposal of business and submission of report of the adhoc 
Committee shall be in such manner and in such form as 
may be prescribed. 
 
 (4) The final report of the adhoc Committee shall be 
placed before the Commission for its approval and on the 
approval thereof by the C ommission it shall be deemed to 
be the report of the Commission. 
 
 (5) The experts in the adhoc Committee shall be paid 
such remuneration as may be prescribed. 
 
10. No act 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. 
 
11. Any member of the Commission may be removed from 
office, by an order of the Government, if she,- 
 
 (a) becomes an undischarged insolvent,- 
 
Constitution of 
adhoc Committee. 
Acts of the 
Commission not 
to be invalidated 
by infirmity or any 
vacancy etc. 
Removal of 
members from 
office. 
6  [Act No.9 of 1998] 
 (b) is convicted and sentenced to imprisonment for  an 
offence which involves moral turpitude; 
 
 (c) becomes of unsound mind; 
 
 (d) refuses to act or becomes incapable of acting; 
 
 (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 Chairperson or member as to render that 
person’s continuance in o ffice is detrimental to the public 
interest: 
 
 Provided that a member shall not be removed under 
this section until that person h as been given a reasonable 
opportunity of being heard in the matter. 
 
12. (1) The  Government may, in consultation with the 
Commission, appoint a woman as Director for making 
investigations for the purposes of this Act and to carry out 
such directives given to her by the Commission besides the 
functions conferred on her by this Act. The Government may 
appoint such other staff as may be necessary to assist the 
Commission by deputation or by direct  recruitment and 
prescribe their conditions of service. 
 
 (2) The qualifications, term of appointment and other 
conditions of service of the Director shall be such as may be 
prescribed. 
 
 (3) In the discharge of their functions under this Act, 
the Director  and other staff referred to in sub -section (1) 
shall be subject to the administrative control of the 
Chairperson. 
Appointment of 
Director and other 
staff of the 
Commission. 
[Act No.9 of 1998]  7 
13. (1) The salaries and allowances payable to the 
members and the administrative expenses, including the 
salaries, allowances and pensions payable to, or in respect 
of the Director and other staff of the Commission, shall be 
paid out of the grants made under sub-section (2). 
 
 (2) The Government shall after due appropriation made 
by the Legislature by law  in this behalf pay to the 
Commission by way of grants such sum of money as the 
Government may think fit for being utilised for the purpose 
of this Act. 
 
 (3) The Commission may spend such sums for 
performing the functions under this Act and such sums shal l 
be treated as expenditure payable out of the grants referred 
to in sub-section (2). 
 
14. (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 in respect of the following  matters, 
namely:- 
 
  (a) summoning and enforcing the attendance of any 
witness and examining him; 
 
  (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 for the examination of 
witnesses. 
 
Salaries, 
allowances, 
grants etc. 
Power of the 
Commission. 
 
Central Act 5 of 1908. 
8  [Act No.9 of 1998] 
 (2) Any proceeding before the Commission shall be 
deemed to be a judicial proceeding within the meaning of 
sections 193 and 228 of the Indian Penal Code and the 
Commission shall be a court for the purpose of section 195 
of the Code of Criminal Procedure 1973. 
 
15. (1) The Commission shall perform all or any of the 
following functions, namely:- 
 
  (i) inquire into any unfair practice, take decision 
thereon and recommend to the Government the action to be 
taken in that matter; 
 
  (ii) cause investigations to be made by the Director 
on issues of importance concerning women and issues 
concerning unfair practice and to report thereon to the 
Government on the corrective measures to be taken; 
 
  (iii) submit to the Government annual reports on,— 
 
   (a) the lacunae, inadequacies, or shortcomings in 
the laws in force which effect the constitutional right to 
equality and fair treatment of women and also on the 
remedial legislative measures to be taken to meet t he 
situation; 
 
   (b) the monitoring of the working of laws in force 
concerning women with a view to identifying 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; 
 
   (c) monitoring the recruitments made to State 
Public Services and State Public Undertakings and 
promotions within the said services and scrutinising the 
rules and regulations governing such recruitments and 
promotions with a view to re porting to guarantee equal 
Functions of the 
Commission. 
Central Act 45 of 1860. 
 
Central Act 2 of 1974. 
[Act No.9 of 1998]  9 
opportunity to women in the matter of such recruitments 
and promotions; 
 
  (iv) (a) inspect or cause to be inspected, by the 
Director or any officer of the Commission authorised by the 
Commission in that behalf, prisons, police s tations, lock -
ups, sub -jails, rescue homes or other places of custody 
where women are kept as prisoners or otherwise, or shelters 
for women or other places run by the 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 such other places wherein unfair practice to 
women is complained of and cause further inquiries 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, 
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 to women and 
devise a programme for implementing such scheme which 
shall be forwarded to the Government for approval thereof 
with or without modifications, implement the same; 
 
  (vii) empower the Director to recommend to the 
appropriate authority to take prosecution proceedings in 
10  [Act No.9 of 1998] 
respect of offences committed against women under any 
statute providing for penalty for violation of the provisions of 
such statute; 
 
  (viii) maintain comprehensive Data Bank relating to 
the social, economic and political conditions of women 
including com parative 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 matters relating     
to the safeguarding of the dignity of women and the honour 
of motherhood; 
 
  (x) call for special studies or investigations 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; 
 
  (xi) participate and advise on the planning process of 
socio-economic development of women; 
 
  (xii) fund  litigation involving issues affecting a large 
body of women; 
 
  (xiii) make periodical reports to the 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 
housing and basic services inadequate support services 
[Act No.9 of 1998]  11 
and technologies for,  reducing drudgery and occupational 
health hazards and for increasing their productivity; 
 
  (xv) any other matter which may be referred to it by 
the Government. 
 
 (2) The Government shall cause the recommendations 
of the Commission under sub -section (1) t o be laid before 
the Legislature during its next session along with a 
memorandum of action taken or proposed to be taken on 
the said recommendations and the reasons for the non -
acceptance, if any, of any of such recommendation and 
cause action to be taken thereon by the authority concerned 
within two months from the date of laying such 
recommendations. 
 
16. (1) The Commission shall i nquire into any unfair 
practice,- 
 
  (a) on receiving a written complaint from any woman 
alleging that she has been subjected to any unfair practice 
or on a similar complaint from her mother or father or sister 
or brother or from any women's organisation; 
 
  (b) on its own knowledge or information; 
 
  (c) on any request from the Government. 
 
 (2) Where the complaint has been made under clause 
(a) of sub-section (1), the Commission may, before the issue 
of any process to the person complained against, cause a 
preliminary investigation to be mad e by the Director in such 
manner as it may deem fit, for the purpose of satisfying itself 
that the complaint requires to be enquired into. 
 
 (3) Where the person against whom the complaint has 
been made, appears and shows cause or fails to appear on 
Inquiry into unfair 
practices. 
12  [Act No.9 of 1998] 
the da y appointed for that purpose, the Commission may 
proceed to inquire into the matter in the complaint and take 
a decision thereon and if the Commission finds that there is 
unfair practice, it shall recommend to the Government the 
action to be taken thereon or to initiate prosecution. 
 
 (4) The Government shall, within two months from the 
date of receip t of the recommendation of the C ommission 
under sub-section (3) take a decision thereon and intimate 
the same to the Commission. 
 
 Explanation:- For the purpose of this section, person 
includes a firm, company, corporation or any public 
undertaking, association of persons or the Government and 
its agencies including agencies receiving aid from the 
Government. 
 
17. (1) The Commission, after inquiry, inspection or as the 
case may be the investigation under the provisions of this 
Act, is satisfied that a person has committed  any criminal 
offence may recommend to the State Government or the 
appropriate authority, as the ca se may be, to institute lega l 
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 public 
prosecutor for the conduct of any such legal 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 
public prosecutor, do so. 
 
 (2) The State Government or the appropriate authority, 
as the case may be, shall communicate in writing to the 
Commission, from time to time, the progress of any such 
legal proceeding or prosecution filed on the 
recommendation of the Commission. 
 
Initiation of 
prosecution. 
[Act No.9 of 1998]  13 
 (3) The State Government or the appropriate authority 
shall not apply for  withdrawal of any such case  or 
proceedings instituted under sub -section (1), without the 
prior consultation, in writing, with the Commission. 
 
18. The annual report submitted to the  Government by the 
Commission in accord ance with clause (iii) of sub -section 
(1) of s ection 15 shall be laid before the  Legislature, during 
the next session together with a memorandum of action 
taken on the recommendations contained therein and  the 
reasons, for  the non-acceptance, if any,  of any such 
recommendations. 
 
19. (1) The Commission shall hold sittings ordinarily atleast 
once in three  months or earlier whenever required to 
enquire into any unfair practice. 
 
 (2) The Commission shall with the previous approval of 
the Government make regulations for regulating its 
procedure and the disposal of its business and such 
regulations shall, after they are made, be published in the  
Gazette. 
 
 (3) The Chairperson may, with the approval of the 
Commission, assign any function of the Chairperson or of 
the Commission to any other member or members of the 
Commission. 
 
20. All orders and decisions of and all other proceedings 
or instruments, if any, issued by the Commission shall be 
authenticated by the signature of the Director or of such 
other officer as may be authorised by the Commission in 
this behalf. 
 
21. The Government shall consult the  Commission on all  
major policy matters relating to women. 
 
Annual Report to 
be laid before the 
Legislature. 
Sittings of the 
Commission. 
Authentication of 
orders, etc., of the 
Commission. 
Government to 
consult the 
Commission. 
14  [Act No.9 of 1998] 
22. All members, officers and other employees of the 
Commission shall be deemed, when acting or purporting to 
act in p ursuance of any of the provisions of this Act, to be 
public servants within the meaning of section 21 of the 
Indian penal Code. 
 
23. No suit, prosecution or other legal, proceedings shall  
lie against any member of the Commission or any officer of 
the Commission for anything which is in good faith done or 
intended to be done under this Act or the rules made 
thereunder.  
 
24. Notwithstanding anything contained in the Code o f 
Civil Procedure, 1908 or any other law for the time being in 
force, no court shall grant any injunction restraining any 
proceeding which is being or about to be taken under the 
provisions of this Act. 
 
25. (1) If  any difficulty arises in giving effect to the 
provisions of this Act the Government may, by order, do 
anything not inconsistent with such provisions to remove 
such difficulty. 
 
 (2) No order under sub -section (1), shall be made after 
the expiration of a p eriod of two years from the 
commencement of this Act. 
 
 (3) Every order made under this section shall be laid, 
as soon as may be after it is made, before the Legislature. 
 
26. (1) The Government may, by notification make rules for 
the purpose of carrying out all or any of the provisions of 
this Act. 
 
 (2) In particular and without prejudice to the generality 
of the foregoing power, such rules may provide for:- 
Members, officers 
and employees of 
the Commission 
to be Public 
Servants. 
Central Act 45 of 1860. 
Protection of acts 
done in good 
faith. 
Courts not to 
grant injunctions. 
Central Act V of 1908. 
Removal of 
difficulties. 
Power to make 
rules. 
[Act No.9 of 1998]  15 
  (a) the salary,  allowance and other conditions of 
service of the member s, the Director and other staff of the 
Commission; 
 
  (b) procedure for removal of the members of the 
Commission under section 11; 
 
  (c) procedure for inquires under section 16 of the Act; 
 
  (d) investigations by the Director; 
 
  (e) procedure for inspection of prisons, police 
stations, lock -ups, sub -jails, rescue homes or other places 
of custody where women are kept as prisoners, or otherwise 
or shelters for women or other places run by the 
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 such other places 
wherein unfair practice to women or girls is complained of or 
for holding of enquiries about the treatment that women or 
girls are subjected to at such places; 
 
  (f) maintaining a Data Bank; 
 
  (g) the formulation of comprehensive and affirmative 
scheme for securing equal opportunity to women and for 
the improvement and uplift of women and programme for its 
implementation; 
 
  (h) procedure for recommending prosecution in 
respect of offences committed against women under any 
statute; 
 
  (i) any other matter which has to be, or may be 
prescribed. 
 
16  [Act No.9 of 1998] 
 (3) Every rule made under this Act shall immediatel y 
after it is made be laid before the Legislature of the State if it 
is in session and if it is not in session, in the session 
immediately following for a total period of fourteen days 
which may be comprised in one session or in two 
successive sessions, an d if, before the expiration o f the 
session in which it is so laid or the session immediately 
following, the Legislature agrees in making any modification 
in the rule or in the annulment of the rule, the rule shall, from 
the date on which the modification o r annulment is notified 
have effect only in such modified form or shall stand 
annulled, 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. 
 
* * * 

‹ Prev All Telangana acts Next ›