The West Bengal Commission For Women Act, 1992

GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
West Bengal Act XII of 1992 
THE WEST BENGAL COMMISSION FOR 
WOMEN ACT, 1992. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, 
Extraordinary, of the 29th July, 1992.] 
[29th July, 1992.] 
An Act to provide for the constitution of a State level Commission for 
women and for matters connected therewith or incidental thereto. 
WHEREAS it is expedient to provide for the constitution of a State level 
Commission for women and for matters connected therewith or incidental 
thereto; 
It is hereby enacted in the Forty-third Year of the Republic of India, by 
the Legislature of West Bengal, as follows:— 
CHAPTER 1 
Preliminary 
1. (1) This Act may be called the West Bengal Commission for Short ti
xtenta nd
tle, 
Women Act, 1992. 	 commence- 
(2) It extends to the whole of West Bengal. 	 ment. 
(3) It shall come into force on such date as the State Government may 
by notification appoint. 
2. In this Act, unless the context otherwise requires,— 	 Definitions. 
(a) -"Commission" means the West Bengal Commission for 
Women constituted under section 3; 
(b) "Member" means Member of the Commission and includes 
the Member-Secretary; 
(c) "National Commission for Women" means the National 
Commission for Women constituted under section 3 of the 
20 of t990. 	 National Commission for Women Act, 1990; 
(d) "notification" means a notification published in the Official 
Gazette; 
(e) "prescribed" means prescribed by rules made under this Act; 
(f) "Women" includes adolescent girl or female child. 
145 
The West Bengal Commission for Women Act, 1992. 
[West Ben. Act 
(Chapter IL—Constitution of Commission.—Sections 3, 4.) 
Constitution 
of 
Commis-
sion. 
Term of 
office and 
conditions of 
service of 
Chairperson, 
Vice-
Chairperson 
and 
Member. 
CHAPTER II 
Constitution of Commission 
3. (1) The State Government shall, within a period of three months 
from the date of coming into force of this Act, by notification constitute a 
body to be known as the West Bengal Commission for Women. 
(2) The Commission shall consist of— 
(a) (i) a Chairperson, and 
(ii) a Vice-Chairperson, 
to be nominated by the State Government; 
(b) nine Members to be appointed by the State Government 
from amongst the persons of ability and integrity who have 
served the cause of women or have had experience in law or 
administration of matters concerning the advancement of 
women or leadership of any trade union or voluntary 
organisation for women for protection and promotion of 
common interests of women, of whom at least— 
(i) one shall be a member of a Scheduled Caste, and 
(ii) one shall be a member of a Scheduled Tribe; 
(c) an officer of the State Government who shall be the Member-
Secretary. 
4. (1). The Chairperson 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 Chairperson 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 
Chairperson or Vice-Chairperson or Member, other than the Member-
Secretary, if that person— 
(a) becomes an undischarged insolvent; or 
(b) gets convicted and sentenced to imprisonment for an offence 
which, in the opinion of the State Government, involves 
moral turpitude; or 
(c) becomes of unsound 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 from three consecutive meetings of the Commission; 
Or 
146 
The West Bengal Commission for Women Act, 1992. 
XII of 1992.1 
(Chapter I1. Constitutionof Commission.—Sections 5-10.) 
(f) in the opinion of the State Government has so abused the 
position of Chairperson or Vice-Chairperson or Member as 
to render that person's continuance in office detrimental 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) or otherwise shall be filled 
by a fresh nomination or appointment, as the case may be. 
(5) The salaries and allowances 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. (I) The State Government shall provide the Commission with 
such officers and other 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 
conditions of 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 payable to the Chairperson, Vice-
Chairperson and Members, other than Member-Secretary, 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 grant made by the State Government. 
7. No act or proceeding of the 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 of, the Commission or such 
committee, as the case may be. 
8. The Commission may appoint such committee or committees 
consisting wholly of Members as it may consider necessary in the 
discharge of its functions under this Act. 
9. (1) The Commission or a committee thereof shall meet as and 
when necessary and shall meet at such time and at such place as the 
Chairperson 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 signature of the Chairperson or Vice-Chairperson or any officer of 
the Commission authorised in writing by the Chairperson or Vice-
Chairperson 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. 
147 
Officers and 
other 
employees 
of 
Commis-
sion. 
Salaries and 
allowances 
to be paid 
out of grant 
made by 
State 
Government. 
Vacancies 
etc. not to 
invalidate 
proceedings 
of Com-
mission. 
Committees 
of Com-
mission. 
Procedure to 
be regulated 
by Com-
mission. 
Power to 
invite 
representa-
tive of 
National 
Commission 
for Women. 
The West Bengal Commission for Women Act, 1992. 
[West Ben. Act 
(Chapter M.—Functions of Commission.—Section 11.) 
CHAPTER III 
Functions of Commission 
Functions of 
Commis-
sion. 
11. (1) Subject to the provisions of this Act, the Commission shall 
perform all or any of the following functions:— 
(a) investigate and examine all matters relating to the safeguards 
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; 
(b) review the existing provisions of the Constitution and other 
laws affecting women and recommend amendments thereto 
so as to suggest remedial legislative measures to meet any 
lacunae, inadequacies or shortcomings in such legislations; 
(c) take up the cases of violation of the provisions of the 
Constitution and of other laws relating to women in the State 
with the appropriate authorities; 
(d) look into complaints and take suo mow notice of matters 
relating to— 
(i) deprivation of women's rights; 
(ii) non-implementation of laws enacted to provide 
protection to women; 
(iii) non-compliance of policy decisions, guidelines or 
instructions aimed at mitigating hardships and ensuring 
welfare and providing relief to women and taken up 
issues arising out of such matters with appropriate 
authorities; 
(e) 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; 
(f) evaluate the progress of advancement of women in the State; 
(g) visit a jail, destitute girls' home, women's institution or other 
place of custody where women are kept as prisoners or 
otherwise and take up with the concerned 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. 
148 
The West Bengal Commission for Women Act, 1992. 
XII of 1992.] 
(Chapter 1V.—Finance, Accounts and Audit—Sections 12, 13.) 
(3) The Commission shall, while investigating any matter referred 
to in clauses (a) and (b) of sub-section (1), have all the powers of a civil 
5 of 1908. 	 court under the Code of Civil Procedure, 1908, while trying a suit, and, 
in particular, in respect of the following matters:— 
(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 matter which may be prescribed. 
(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 together with its 
recommendations and the State Government shall cause 
them to be laid before the 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 non-acceptance, if any, of any of such 
recommendations. 
(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. 
CHAPTER IV 
Finance, Accounts and Audit 
12. (1) 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 utilised for the purposes of this Act. 
(2) The Commission may spend such sums of money as it thinks fit 
for performing the functions under this Act, and such sums of money 
shall be treated as expenditure payable out of the grant referred to in sub-
section (1). 
13. (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 Government in consultation with the 
Accountant-General, West Bengal. 
(2) The annual accounts of the Commission shall be audited by the 
Accountant-General, West Bengal. 
Grant by 
State Government. 
Accounts 
and Audit. 
149 
The West Bengal Commission for Women Act, 1992. 
[West Ben. Act XII of 19924 
(Chapter V.—Miscellaneous.--Sections 14, 15.) 
(3) The Accountant-General, West Bengal, shall have the same rights 
and privileges and the authority in connection with such audit as the 
Accountant-General, West Bengal, 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 of the Commission. 
(4) The accounts of the Commission, as certified by the Accountant 
General, West Bengal, together with the audit report thereon shall be 
forwarded annually to the State Government by the Commission. 
CHAPTER V 
Miscellaneous 
Chairperson, 
Vice-
Chairperson, 
Members 
and staff of 
Commission 
to be public 
servants. 
Power to 
make rules. 
14. The Chairperson, the Vice-Chairperson, 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. 
15. (1) The State 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:— 
(a) the salaries and allowances payable to, and the other terms 
and conditions of service of, the Chairperson, the Vice-
Chairperson and the Members under sub-section (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 of accounts shall be 
maintained under sub-section (1) of section 13; 
(c) any othermatter which is required to be, or may be, prescribed. 
(3) Every rule make 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 thirty days which may be comprised in one session or in 
two or more successive sessions, and if, before the expiry of the session 
immediately following the session or the successive sessions aforesaid, 
the State Legislature argees in making any modification in the rule or 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, 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. 
45 of 1860. 
150 

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