jammu & kashmir state commission for wom - jammu

JAMMU & KASHMIR STATECOMMISSION FOR WOMEN

ACT, 1999

ContentsCHAPTER I PRELIMINARY

1. Short title, extent andcommencement

2. DefinitionsCHAPTER II: THE STATE COMMISSION FOR

WOMEN3. Constitution of the State Commission

for Women4. Term of office and conditions of

services of chairperson and Members5. Officers and other employees of the

Commission

6. Salaries and allowances to be paidout of grants

7. Vacancies etc. not to invalidateproceedings of the Commission

8. Committees of the Commission9. Procedure to be regulated by the

CommissionCHAPTER III FUNCTIONS OF THE

COMMISSION10. Functions of the CommissionCHAPTER IV FINANCE, ACCOUNTS AND

AUDIT11. Grants by the Government12. Accounts and audit13. Annual report14. Annual report and audit report to be

laid before State LegislatureCHAPTER V MISCELLANEOUS

15. Chairperson, Members and staff of theCommission to be public servants

16. Government to consult Commission17. Power to make rules

JAMMU &

KASHMIR STATECOMMISSION FOR

WOMEN ACT,1999

(ACT NO. V OF 1999)

[13th April, 1999]

An Act to constitute a StateCommission for Women and toprovide for matters connectedtherewith or incidental thereto.

Be it enacted by the Jammu andKashmir State Legislature in theFiftieth Year of the Republic of Indiaas follows:

CHAPTER IPRELIMINARY

1. Short title, extent andcommencement

(1) This Act may be calledthe State Commission forWomen Act, 1999.

(2) It extends to the whole ofthe State of Jammu andKashmir.

(3) It shall come into force

on such date[1] as theGovernment may, by

notification in theGovernment Gazette, appoint.

2. Definitions

In this Act, unless the contextotherwise requires;—

(a) "Commission" means theState Commission for Womenconstituted under section 3;

(b) "Government" means theGovt. of Jammu and Kashmir;

(c) "Member" means aMember of the Commission;

(d) "Prescribed" meansprescribed by rules made under thisAct.

CHAPTER II: THE STATECOMMISSION FOR

WOMEN3. Constitution of the StateCommission for Women

(1) The Government shallconstitute a body to be knownas the State Commission forWomen to exercise thepowers conferred on, and toperform the functionsassigned to it, under this Act.

(2) The Commission shallconsist of—

(a) a whole timeChairperson and two part-time Members to benominated by theGovernment from amongsteminent women of the Statecommitted to the cause ofwomen;

(b) one Secretary of the rankoff Additional Secretary toGovernment to be nominatedby the Government.

4. Term of office andconditions of services ofchairperson and Members

(1) The Chairperson and everyMember shall hold office forsuch period, not exceedingthree years as may bespecified by the Governmentin this behalf.

(2) The Chairperson or aMember may, by writing andaddressed to theGovernment, resign from theoffice of Chairperson or, asthe case may be, of the

Member at any time.

(3) The Government shallremove a person from theoffice of Chairperson or aMember referred to in sub-section (2) if that person:-

(a) becomes anundischarged insolvent;

(b) gets convicted andsentenced to imprisonmentfor an offence which in theopinion of the Governmentinvolves moral turpitude;

(c) becomes of unsound mindand sands so declared by acompetent court;

(d) refuses to act orbecomes incapable of acting;

(e) is, without obtainingleave of absence from theCommiss i on, absent fromthree consecutive meetings ofthe Commission; or

(f) in the opinion of theGovernment has so abusedthe position of Chairperson orMember as to render that

person's continuance in officedetrimental to the publicinterest:

Provided that no person shall beremoved under this clause untill thatperson has been given a reasonableopportunity of being heard in thematter.

(4) A vacancy caused undersub-section (2) or otherwiseshall be filled by freshnomination.

(5) The salaries and

allowances payable to, andthe other terms andconditions of service of, theChairperson and Membersshall be such as may beprescribed.

5. Officers and otheremployees of the Commission

(1) The Government shallprovide the Commission withsuch officers and employeesas may be necessary for theefficient performance of thefunctions of the Commissionunder this Act.

(2) The salaries and allowancespayable to, and the otherterms and conditions ofservices of the officers andother employees ap pointed

for the purposes of theCommission shall be such asmay be prescribed.

6. Salaries and allowancesto be paid out of grants

The salaries and allowances payableto the Chairperson and Members andthe administrative expenses includingsalaries, allowances and pensionspayable to and officers and otheremployees referred to in section 5,shall be paid out of the grantsreferred to in sub-section (1) ofsection 11.

7. Vacancies etc. not toinvalidate proceedings of theCommission

No Act or proceedings of theCommission shall be questioned orshall be invalid on the ground merelyof the existence of any vacancy ordefect in the constitution of theCommission.

8. Committees of theCommission

(1) The Commission mayappoint such committees asmay be necessary for dealingwith such special issues asmay be taken up by theCommission from time totime.

(2) The Commission shall havethe power to co-opt asmembers of any committeeappointed under sub-section(1) such number of persons,

who are not members of theCommission, as it may thinkf i t and the persons so co-opted shall have the right toattend the meetings of thecommittees and take part inits proceeding but shall nothave the right to vote.

(3) The persons so co-optedshall be entitled to receivesuch allowance for attendingthe meetings of thecommittee as may beprescribe.

9. Procedure to beregulated by the Commission

(1) The Commission or acommittee thereof shall meetas and when necessary andshall meet at such time andplace as the Chair person maythink fit.

(2) The Commission shallregulate its own procedureand the procedure of thecommittees thereof.

(3) All orders and decisionsof the Commission shall be

authenticated by the Member-Secretary or any other officerof the Commission dulyauthorized by the Member-Secretary in this behalf

CHAPTER III FUNCTIONSOF THE COMMISSION

10. Functions of theCommission

(1) The Commission shallperform all or any of thefollowing functions, namely:-

(a) i n v e s t i g a t e a n d e x a m i n ea l l m a t t e r s r e l a t i n g t o t h esafeguards provided forwomen under the Constitutionand other laws;

(b) present to theGovernment annually and at

such other times as theCommission may deem fit,reports upon the working ofthose safeguards;

(c) make in such reports,recommendations for theeffect ive implementation ofthose safeguards forimproving the condition ofwomen by the State;

(d) review from time totime, the existing provisionsof the C o n s t i t u t i o n o fJ a m m u a n d K a s h m i r a n d

o t h e r l a w s affecting womenand recommend amendmentsthereto so as to suggestremedial legislative measuresto meet any lacunae,inadequacies or shortcomingsin such legislations;

(e) take up the cases ofviolation of the provisions oft h e Constitution and of theother laws relating to womenw i t h the appropriateauthorities;

(f) looking into complaintsand take suo-moto notice ofmatters relating to—

(i) deprivation ofwomen's right;

(ii) non-implementation oflaws enacted to provideprotection of women andalso to achieve objectiveof equality anddevelopment;

(iii) non-compliance ofpolicy decisions, guidelineso r instructions aimed at

mitigating hardships ande n s u r i n g welfare andproviding relief to women;

and take up the issue arising outof such matters' with appropriateauthorities;

(g) call for special studies orinvestigations into specificproblems or situations arisingout of discrimination andatrocities against women andidentify the constraints so asto recommended strategiesfor their removal;

(h) undertake promoted andeducational research so as tosuggest ways of ensuring duerepresentation of women inall spheres and identifyfactors responsible fori m p e n d i n g theiradvancement, such as lack ofaccess to housing and b a s i cs e r v i c e s , i n a d e q u a t es u p p o r t s e r v i c e s a n dtechnologies for reducingdrudgery and occupationalh e a l t h hazards and forincreasing their productivity;

(i) participate and advise on theplanning process of socio-economic development ofwomen;

(j) evaluate the progress of thedevelopment of women underthe State;

(k) inspect or cause to beinspected a jail, remandhome, women's institution orother place of custody wherewomen are kept as prisonersor otherwise and take up withthe concerned authorities for

remedial action, if foundnecessary;

(l) fund litigation involvingissues affecting a large bodyof women;

(m) make periodical reports tothe Government on anymatter pertaining to womenand in particular variousdifficulties under whichwomen toil; ( n ) a n y o t h e rm a t t e r w h i c h m a y b er e f e r r e d t o i t b y t h e

Government.

(2) The Government shallcause all the reports referredto in clause (b) of sub-section(1) to be laid before eachHouse of the StateLegislature alongwith amemorandum explaining theaction taken or proposed tobe taken on therecommendations and thereasons for the non-acceptance, if any, of any ofsuch recommendations.

(3) The Commission shall,while investigating anymatter referred to in clause(a) or sub-clause (i) of clause(f) of sub-section (1) have allthe powers of a civil courttrying a suit and, in particular,i n respect of the followingmatters, namely:—

(a) summoning andenforcing the attendance ofany person from any part ofIndia and examining him on

oath;

(b) requiring the discoveryand production of anydocument;

(c) receiving evidence onaffidavits;

(d) requisitioning any publicrecord or copy thereof fromany court or office;

(e) issuing commissions forthe examination of witnessesand documents; and

(f) any other matter which may

be prescribed.

CHAPTER IV FINANCE,ACCOUNTS AND AUDIT

11. Grants by the Government

(1) The Government shall, afterdue appropriation made bySta te Legislature by law inthis behalf, pay to theCommission by way of grantssuch sums of money as theGovernment may think fit forbeing utilized to purpose ofthis Act.

(2) The Commission may spendsuch sum as it thinks fit for

performing the functionsunder this Act, and such sumsshall be treated asexpenditure payable out ofthe grants referred to in sub-section (1).

12. Accounts and audit

(1) The Commission shallmaintain proper accounts ando t he r relevant records andprepare an annual statementof accounts in such form asmay be prescribed by theGovernment

(2) The accounts of theCommission shall be auditedby the Comptroller andAuditor General at suchintervals as may be specifiedby him and any expenditures

incurred in connection withsuch audit shall be payable bythe Commission to theComptroller and AuditorGeneral.

(3) The Comptroller andAuditor General and anyperson ap pointed by him inconnection with the audit ofthe accounts of theCommission under this Actshall have the same rightsand privileges and theauthority in connection with

such audit as the Comptrollerand Auditor General generallyhas in connection with theaudit of the Governmentaccounts and, in particularshall have the right todemand the production ofbooks, accounts, connectedvouchers and otherdocuments and papers and toinspect any of the offices ofthe Commission.

(4) The accounts of theCommission, as certified by

the Comptroller and AuditorGeneral or any other personappointed by him in thisbehalf, together with theaudit report thereon shall beforwarded annually to theGovernment by theCommission.

13. Annual report

The Commission shall prepare insuch form and at such time for eachfinancial year, as may be prescribed,its annual report, giving a fullaccount of its activities during theprevious financial year and forward acopy thereof to the Government.

14. Annual report and auditreport to be laid before StateLegislature

The Government shall cause theannual report together with amemorandum of action taken on therecommendations contained thereinand the reasons for the non-acceptance, if any, of any of suchrecommendations and the auditreport to be laid as soon as may beafter the reports are received beforeeach House of State Legislature.

CHAPTER VMISCELLANEOUS

15. Chairperson, Membersand staff of the Commission tobe public servants

The Chairperson, the members,officers and other employees of theCommission shall be deemed to bepublic servants within the meaning ofsection 21 of the Ranbir Penal Code.

16. Government to consultCommission

The Government shall consult theCommission on all major policymatters affecting women.

17. Power to make rules

The Government may, by notificationin the Government Gazette, makerules for carrying out the provisionsof this Act.

(2) In Particular, and withoutprejudice to the generality oft h e foregoing power, suchrules may provide for all orany of the following matters,namely:—

(a) salaries and allowancespayable to, and the otherterms and conditions of

service of the Chairpersonand Members under sub-section (5) of section 4 and ofofficers and other employeesunder sub-section (2) ofsection 5;

(b) allowances for attendingthe meetings of thecommittee by the co-optedpersons under sub-section (3)of section 8;

(c) other matters underclause (f) of sub-section (4) ofsection 10;

(d) the form in which theannual statement of accountss ha l l be maintained undersub-section (1) of section 12;

(e) the form in, and thetime at which the annualreport shall be preparedunder section 13;

(f) any other matter which isrequired to be, or may be,prescribed.

(3) Every rule made under thisAct shall be laid, as soon asm a y be after it is made,

before each House of StateLegislature, while it is insession, for a total period ofthirty days which may becomprised in one session or intwo or more successivesessions, and if, before theexpiry of the sessionimmediately following thesession or the successivesessions aforesaid, bothHouses agree in making anymodification in the rule orboth Houses agree that the

rule should not be made, therule shall thereafter haveeffect only in such modifiedform or be of no effect, as thecase may be so, however,that any such modification orannulment shall be withoutprejudice to the validity ofanything previously doneunder that rule.

[1] With effect from 19-11-1999 vide SRO 499, dt.17.11.1999.