The Tripura Commission For Women Act,1993
Tripura · state statute
Open in Lexace · Ask the AI about this actTripura Act NO. 1 of 1994
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THE TRIPURA COMMISSION
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FOR
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WOMEN ACT, 1993.
(WITH LATEST AMENDMENTS)
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Publishedinthe
EXTRAORDINARY ISSUE OF TRIPURA GAZETTE
Agartala, Wednesday, January 19, 1994 A. D.
Pausa 29, 1915 S. E.
GOVERNMENT OF TRIPURA
LAW DEPARTNIENT
No. F. 10(7)-Law/Leg/93 Dated, Agartala, the 4th January, 1994
The following Act ofthe Tripura Legislative Assembly received the assent of the Governor
on the lst January, 1994 and is hereby published for general information :—
TRIPURA ACT NO. 1 OF 1994
AN
ACI'
to privide for the constitution of a State Level Commission for women and for matters
connected therewith or incidental thereto.
WHEREAS it is expedient to privide for the constitution of a State Level Commission for
women and for matters connected therewith or incidental thereto.
It15 hereby enacted'in the Forty--fourth Year of the Republic of India, by the Legislative
Assembly ofTnpura, as follows:
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CHAPTAR I
Preliminary
3122:6113:
l.( l) This Act may be called the Tripura Commission for Women Act, 1993.
cbmmencement. (2) It extends to the whole ofTripura.
(3) It shall come into force on such date as the State Government may by
notification in the official Gazette appoint
...
DGfinitions.
Constitution of
Commission.
Terms of office
and condition of
services of .
Vice-Chairperson
andMember.
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2. In this Act, unless the context otherwise requires
—
(a) “Commission” means the Tripura Commission for women constituted
under section 3;
(b) “Member”, means Member of the Commission and include the
Member-Secretary;
(0) “National Commission .for Women” means the National Commission
for Women constituted under section 3 ofthe National Commission for
WomenAct, 1990;
(d) “Prescribed” means prescribed by rules made under this Act;
(e) “Women” includes adolescent girl or female child.
CHAPTAR II
Constitution ofCommission
3.( 1) The State Government shall, within a period of three months from the
dateof coming into force of this Act, by notification in the official Gazette
constituted a body to be known as the Tripura Commission for Women.
2. The Commission shall consist of
—
(a) (i) a Chairperson, and
(ii) aVice-Chairperson,
to be nominated by the State Government;
(b) Five members to be appointed by the State Government from amongst
the persons ofability and integrity who have served the cause ofwomen
or have had experience in law or administration ofmatters concerning
the advancment ofwomen or leadership ofany trade union orvoluntary
organisation for Women for protection and promotion ofcommon interest
.of' women, of whom at least
—
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(i) one shall be a member of 3. Scheduled Caste, and
(ii)
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one shall be a members of Scheduled Tribe;
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(c). an officer ofthe State Government who shall be the Member Secretary.
4(1) The Chariperson or the Vice-Chairperson or‘a Member, other than the
Member Secretary, shall hold office for such period, not exceeding Three years,
as may be specified by the State Government in this behalf.
(2) The Chariperson or the Vice-Chairperson or a Member, other than the
Member Secretary, may at any time resign his office by writing under his hand
addressed to the State Government.
(3) The State Government .shall remove a person from the office of
Chariperson or Vice-Chariperson or Member, other than the Member Secre-
tary, if that person
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l. Substituted by Second Amendment Act, 1999.
2. Substituted by Second Amendment Act, 1999.
s<gsc.m«..t...n.r.wwm,tw
.
:
Officers and
othe employees
ofCommission.
Salaries and
allowances to be
paid out of grant
made by State
Government.
Vacancies etc. not
to invalidate
proceedings of
commission.
'
Committees of
Commission.
Procedure to be
regulated by‘
Commission.
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(a) becomes and undisharged insolvant; or
(b) gets convicted and sentenced to imprisonment for an offence which, in
the opinion ofthe State Government, involves moral turpitude; or
(0) becomes ofunsound mind and stands so
declared by a competent court;
or
(d) refuses to act or becomes incapable of acting; or
(e) is, without obtaining leave of absence from the Commission, absent
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form thre consecutive meetings ofthe commission; or
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(t) in the opinion of the State Government has so abused the position of
Chairperson orVice-Chairperson or Members as to render that person’scontinuance in office detrimental to the public interest;
Provided that no person shall be removed under this sub-section until that personhas been given a reasonable opportunity to being heard in the matter.
(4) A vacancy caused under sub-section (2) or otherwise shall be filled by a
fresh nomination or appointment, as the case may be.
(5) The salaries and allowances ‘or honorarium payable to, and the other
terms and conditions of service of, the Chairperson, Vice—Chairperson and
Members, other than the Member Secretary shall be such as may be prescribed.
5.(1) The State Government shall provide the Commission with such officers
and other employees as may be necessary for the efficient performance ofthe
functions ofthe Commission under this Act.
(2) The salaries and allowances payable to, and other terms and conditionsof service of, the officers and other employees appointed for the purpose of
the Commission shall be such as may be prescribed.
6. The salaries and allowances or honorarium payable to the Chairperson,Vice—Charperson and Members, other than the Member Secretary, and the
administrative expenses including salaries, allowances and pensions payable to
the officers and others employees referred to in section 5 shall be paid out of
grant made by the State Government.
7. No act orproceeding ofthe Commission or any Committee thereof shall be
called in question on the ground merely of the existence of any vacancy in or
any defect in the constitution ofthe Commission or such committee as the case
may be.
8. The Commission may appoint such committee or committees consistingwholly ofMembers as it may consider necessary in the discharge ofits functions
under this Act.
9.(1) The commission or a committee thereof shall meet at such time and at
such place as the Chairperson may think fit.
3. Inserted by First Amendment Act, 1994.
4. Inserted by First Amendment Act, 1994.
Power to invite
representative of
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National
Commission for
Women.
Functions of
Commission.
(2)
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The Commission shall regulate its own procedure and the procedure of
the committees thereof.
(3) All orders and decisions ofthe Commission shall be authenticated by the
signature of the Chairperson or Vice--Chirperson or any Officers of the
Commission authorised1n
writing by the Chairperson or Vice—Chair person in
this behalf.
10. The Commission shall have the power to invite a representative of the
National Commission for Women to its meetings as it may deem necessary.
11.(l)
CHAPTAR III
Function ofCommission
Subject to the provisions ofthis Act, the Commission shall perform all or
any ofthe following functions:
—
(a)
(b)
(C)
(d)
investigate and examine all mattersrelating to the safeguaids provided
for women under the Constitution of India (herein after referred to as
the Constitution) and other laws and recommend steps to be taken by
the State Government for effective implementation of such safeguards.
review the existing provisions ofthe Constitution and other laws affecting
women and recommend amendments thereto so as to suggest remedial
legislative measure to meet any lacunae inadequacies or sho1tcornings
in such legislations;
take up the cases ofv1olat10n ofthe provisions ofthe Constitution and
of other laws relating to women in the State with the appropriate
authorities;
look into complaints and take suo moto notice of matters relating to—
(i) Deprivation ofwomen’s rights.
(ii) non-implementation of laws enacted to provide protection to women.
(iii) non-compliance ofpolicy decisions, guidelines instructions aimed at
mitigating hardship and ensuring welfare and providing reliefto women
and taken up issues arising out of such
matters
with appropriate
authorities,
(6) call for special studies or investigations into specific problems or situations
arising out ofdiscrimination and atrocities against women and identify
the constraints so as to recommend strategies for their removal;
(f) evaluate the progress of advancement of women in the State;
(g) visit ajail, destitute girl’s home, women’s institution or other place custody
where are kept as prisoners or otherwise and take up with the concerned
, .1» “Quiet
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authorities such matters for remedial action as may be necessary;
(h) any other matter which may be referred to it by the State Government.
2. The State Government may consult the commission on policy matters
affecting women.
3. The Commission shall, while investigating any matter referred to in clauses
(a) and (d) of sub-section ( l), 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 :—
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(a) summoning and enforcing the attendance of any person from any partofIndia examining him on oath;
(b) requiring the discovery and production ofany document;
(c) receiving evidence on affidavits;
(d) any other matter which may be prescribed.
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(4) (a) The Commission shall present to the State Government every six months
and at Such other times as the Commission may deem fit reports of its activities togetherwith its recommendations and the State Government shall cause them to be laid before the
State Legislature as soon as possible alongwith a memorandum explaining the action taken
or proposed to'be‘ taken on the recommendations and the reasons for non—acceptance, if
any, ofany of such recommendations.
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(b) It shall be the duty of the. commission to furnish comments and
recommendations on any report of the National Commission for Women on any matter
with which the State Government is concerned as that Government may call for.
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CHAP’I‘ARIV
Finance, Accounts and Audit
{
Grunt by State 12(1) The State Government shall, .under appropriation made by the State
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Government. 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 utilised for the purpose ofthis Act.
(2) The commission may spend such sums of money as it thinks fit for
performing the functions underthisAct, and such Sums ofmoney shall be treated
as expenditure payable out ofthe grant referred to in sub-sections ( l ).
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Account and 13.( l) The Commission shall maintain proper accounts and other relevant records
Audit. and prepare and annual statement of accounts in such form as may be prescribed
by the State Government in consultation with the Accountant General, Tripura.
(2) The annual accounts ofthe Commission shall be audited by the Accountant
General, Tripura.
.
Chairperson,
Vice-Chairperson.
members and
staff of
Commission to
be public
servants.
Power to make
rules.
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(3) TheAccountant General, Tripura, shall have the same rights and privileges
and the authority in connection with such audit as theAccountant General, Tripura
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 the
offices ofthe Commission.
(4) The accounts ofthe Commission, as certified by the Accountant General,
Tripura together with the audit report thereon shall be forwarded annually to the
State Government by the Commission.
CHAPTARV
Miscellaneous
14. The Chairperson, the Vice-Chairperson, the Members, officers and other
employees ofthe Commission shall be deemed to be public servants within the
meaning of Section 21 of the Indian Penal Code.
15(1) The State Government may be notification in the official Gazette 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 ofthe following matters :—
(a) the salaries and allowances or honorarium payable to, and the other
terms and conditions ofservice of, the Chairperson, the Vice-Chairperson
and the Members under subsection (5) of section 4 and the officers
.
and other employees under sub-section(2) of section 5;
(b) the form in which the annual statement ofaccounts shall be maintained
under sub-section (.1) of section 13;
(c) any other matter which is required to be, or may be prescribed.
(3) Every rule made under this Act shall be laid, as soon as may be after it is
made, before the State Legislature, while it is in session, for a total period of
fourteen days which may be comprised in one session or in two or more successive
sessions, and if, before the expiry ofthe session immddiately following the session
or the successive sessions aforsaid, the State Legislature agrees in making any
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the State Legislature agrees that the rules should not
be made, the rule shall thereafter have effect only in such modified form or be of
no effect the case may be; so, however, that any such modification or annulment
shall be without prejudice to the validity ofanything previously done under that
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rule.‘
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B. B. SENAPATI
ADDITIONAL SECRETARY
TO THE
GOVERNMENT OF TRIPURA
Lex