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THE KERALA WOMEN'S COMMISSION ACT, 1990

(ACT 17 OF 1995)

CONTENTS

Preamble

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. Constitutions of the Commission
  6. Term of office and conditions of service of Members
  7. Quorum
  8. Disposal of business
  9. Constitution of ad hoc 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. Provision for salaries, allowances, etc.
  14. Registration of women's organisation
  15. Powers of the Commission
  16. Functions of the Commission
  17. Inquiry into unfair practices
  18. Initiation of  Prosecution
  19. Annual report to be laid before the Legislative Assembly
  20. Sittings of the Commission
  21. Authentication of Orders; etc., of the Commission
  22. Donations, contributions, etc., to the Commission
  23. Government to consult the commission
  24. Members, offcers and employees of the Commission to be public servants
  25. Protection of acts done in good faith
  26. Courts not to grant injunctions
  27. Removal of difficulties
  28. Power to make rules.

THE KERALA WOMEN'S COMMISSION ACT, 1990

(ACT 17 OF 1995)

An Act to provide for the Constitution of a Women's Commission to improve the status of women in the State of Kerala and to enquire into unfair practices affecting women and for matters connected therewith or incidental thereto.

 

   Preamble.-WHEREAS it is expedient to provide for the Constitution of a Commission to improve the status of women in the State of Kerala and to enquire into unfair practices affecting women and for matters connected therewith or incidental thereto;

    BE it enacted in the Forty-second Year of the Republic of India as follows:

    1.Short title, extent and commencement.-(1)  This Act may be called the Kerala Women's Commission Act, 1991.

    (2) It extends to the whole of the State of Kerala.
    (3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint.

    2.Definitions. 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 Kerala;
      (d)member means a member of the commission and includes the Chairperson;
      (e)"person" includes a firm, company, corporation, or any public undertaking, association of persons, or the Govenment and its agencies including agencies receiving aid from the Government;
      (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 undertakings;
      (h)"registered" means registered with the commission under the Act;
      (i)"unfair practice" means any distinction, exclusion on restriction made on the basis of sex for the purpse 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 rights  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 excesses on women.

    3. Act not to apply in certain cases.- This Act shall not apply to

    (i)the Central Governent; 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. Application of other laws not barred- Save as otherwise provide, 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.

     

    5. Constitution of the Commission.- [(1)] For the prupose of this Act the Government shall, by notification in the Gazette, constitute a commission to be known as the Kerala Women's Commission which shall consist of [a Chairperson and not more than two other members to be appointed by the Government:

    Provided that the members appointed to the Commission shall be women]

     [(2)] The Chairperson shall be an eminent women committed to the cause of women with sufficient knowledge and experience in dealing with women's problems.

    [(3)] The members of the commission shall be persons of ability integrity, intelligence 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.

    6. Term of office and conditions of service of members.-(1) Every member shall hold office for a period of five years.

    (2) Notwithstanding anything contained in sub-section (1) a member may--

      (i)by writing under his hand and addressed to the Government resign his office at any time;

    (ii) be removed from his office in accordance with the provisions of section 11.

        (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 rpovisions 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 a fixed honorarium and other allowances and shall be governed by such conditions of service, as may be prescribed:

        Provided that the fixation of the honorarium shall be without taking into consideration the past service rendered by the person in any capacity before his appointment as a member.]

    7.Quorum. The quorum for a meeting of the Commission shall be [two]

    8. Disposal of business-(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 the majority of the votes of the members present and voting and in case of equality of votes the Chairpeprson 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 suibject to be present at the meeting to assist the Commission in arriving at a decision but such person shall not be entitled to vote.

    9. Constitution of ad hoc committee-(1)  The Commission may for the purpose of transacting any business before it or for any special issue consitute and ad hoc committee consisting of

      (a)not more than two members of the Commission;
      (b)not more than two experts on the particular subject before the Commission.

          (2) If the Chairperson is a member of the committee the Chairperson or any other member shall preside over the meeting of the Committee.

         (3) The provisions of the section 7, section 8 and section 20 shall mutatis mutandis apply to the meeting of the committee.

        (4)The final report of the ad hoc committee shall be placed before the Commission for its approval and on the approval thereof by the commission it shall be deemed to be the report of the  Commission.
        (5)The person in the ad hoc committee shall bepaid such remuneration as may be prescribed.

    10. Acts of the Commission not to be invalidated by infirmity or any vacancy, etc.-No act or proceeding of the Commission shall be invalidated by  reason only of any defect or irregularity in its consitution or on the ground of existence of any vacancy in the office of any member.

    11. Removal of members from office.- Any member of the Commission may be removed from office by an order of the Government, if he-

      (a)becomes an undischarged insolvent;
      (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 office detrimental to the public interest:

        Provided that a member shall not be removed under this section until that person has been given a reasonable opportunity of being heard in the matter.

      12. Appointment of Director and other staff of the Commission.-(1) The Government may, in consultation with the Commission, appoint a Director for making investigations for the purposes of this Act and to carry out such directives given to him by the Commission besides the functions conferred on him 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:

    Provided that in the case of direct recruitment, the provisions of rule 14, 15, 16 and 17 of the Kerala State and Subordinate Service Rules, 1958, shall apply.

        (2) The qualifications, term of appoint 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.

    13. Provision for salaries, allowances, etc.- The [honorarium 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 the other staff of the Commission, shall be charged on the Consolidated Fund of the State.

    14. Registration of woken's organisation-Any women's organisation governed by written rules, regulations or bye-laws and working for the uplift, development, welfare or promotion of the interests of of women or women's wing of any other organisation having all or any of the above activiies as one of tis objectives may apply to the Director for registration of such organisation with the Commission, in such form and in such manner as may be prescribed.

        (1)The Director shall verify the applications in such manner as may be prescribed and recommend to the Commission, the organisation qualified for registration and reject the other applications.
        ( 2)The Commission may consider the recommendation and direct that the name and particulars of the roganisations qualified to be registered be entered in the Register maintained for the purpose in the manner prescribed and shall issue a certificate of registration in the prescribed form.
        (3)The Commission may, at any time, either on its own motion or otherwise cancel the registration of any organisation, after giving an opportunity to be heard and on being satisfied that it is no longer qualified to continue as a registered organisation.
        (4)The party aggrieved by the decision of the Director under sub-section (2) may file an appeal before the Gommission within such time and in such manner  as may be prpescribed and thereupon the Commission shall after conducting such enquiry as it deems fit and giving the party an opportunity of being heard, pass appropriate orders thereon.
    15.Powers of the Commission.-(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 Proceedure, 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;
      (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.

             (2) Any proceeding before the Commissions shall be deemed to be a judicial proceeding within meaning of sections 193 and 228 of the Indian Penal Code (Central Act 45 of 1860) an the Commission shall be deemed to be a court for the purpose of section 195 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

    16. 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  the action to be taken in that matter;

    (ii) cause investigation 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;

        (ii)submit to the Government annual reports 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 the 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 excutive 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 reporting to the Government action, if any, required to guarantee equal opportunity to women in the matters 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 stations, lock-ups, sub-jails, rescure 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 inquires 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 intiate 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 and on obtaining approval thereof with orwithout modifications, implement the same;

    (vii) empower the Director 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 statute;

    (viii) maintain 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 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 indentify 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 and technologies for, reducing durdgery 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 lay the recommendations of the commission under sub-section (1) before the Legislative Assembly during its next session and cause action to be taken thereon by the authority concerned within two months from the date of laying such recommendations.

    17.. Inquiry into unfair practices.-(1) The Commission shall inquire 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 any registered women's organistion;
        (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)s the Commission may, before the issue of any process to the person complained against, cause a preliminary investigation to be made by the Director in such manner as it may deem fit, for the purpose of satisfying itself that the complaint requires to be enquired.

    (3) Where the person against whom the complaint has been made, appears and shows cause or fails to appear on the day appointed for that purpose the Commision 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 initiate prosecution.

    (4) The Government shall, within two months from the date of receipt of the recommendation of the Commission under sub-section (3), take a decision thereon and intimate the same to the Commission.

      18. Initiation of Prosecution.- If, after invesigation into any complaint under section 17, the Commission is satisfied that a person has committed any criminal offence and that he should be prosecuted in a court of law for such offence, then it may pass an order to that effect and initiate prosecution of the person concerned, if there is no necessity for prior sanction, and if prior sanction of any authority is required for such prosecution, then notwithstanding anything contained in any law, such sanction shall be gtranted by that authority within thirty days of the request by the Commision and if such sanction is not granted within the said period such sanction shall be deemed to have been granted by that authority.
    19. Annual report to be laid before the Legislative Assembly.-The annual report submitted to the Government by the Commission in accordance with clause (iii) of sub-section (1) of section 16 shall be laid, before the Legislative Assembly, as soon as may be, after the report is received by the Government.

      20. Sittings of the commission.-(1) The commission shall hold sittings ordinarily at Thiruvananthapuram, to enquire into any unfair practice but it may hold sittings at any other place in the State.

          (2) The Commission shall with the previous approval of the Government make regulations for regulating its procedure and the disposal of its business and which 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.
    21.Authentication of orders, etc, of the Commission-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.
    22. Donations, contributions, etc., to the Commission.-The Commission may, with the previous sanction of the Government and subject to such terms and conditions as may be specified in this behalf by the Government, receive money from any organisation, or person by way of donation, contribution, or by whatever name called, for the purposes of this Act.
    23.Government to consult the Commission.-The Government shall consult the Commission on all major policy maters affecting women.
    24.Members, officers and employees of the Commission to be public servants.-All members, officers and other employees of the Commission shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be pulic servants within the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860).
    25. Protection of acts done in good faith.- 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.
    26.Court not to grant injunctions.-Notwithstanding anything contained in the Code of civil Procedure, 1908 (Central Act 5 of 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.
    27.Removal of difficulties.-(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 period 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 Legislative Assembly.
    28. Power to make rules.-(1) The Government may, by notification in the Gazette, make rules for the purpose of carrying into effect the aprovisions of this Act.
        (2)In particular and without prejudice to the generality of the foregoing power, such rules may provide for-
        (3)["(a)] the honorarium, allowances and other conditions of service of the members; the salary allowances and other conditions of service of the Director and other staff of the Commission;"] 
      (b)procedure for removal of the members of the commission under section 11;
      (c)the procedure for registration under section 14 of the Act;
      (d)procedure for inquiries under section 17 of the Act;
      (e)investigations by the Director;
      (i)procedure for inspection of prisons, police stations, lock-ups, sub-jails, resecue 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 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;

      (g) maintaining a Date Bank;

      (h) 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;

        (j)procedure for recommending prosecution in respect of offences committed against women under any statute.any other matter which has 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 Legislative Assembly, while it is in session, for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides 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 dne under that rule.