The ASSAM STATE COMMISSION FOR WOMEN ACT, 1994
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## THE ASSAM GAZETIE

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###### lj"I '.Fil ~T~ Cf "

##### EXTRAORDINARY_

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###### P JBIL~SHED BY AUTHORl'IT

#### --==:1~ 56 =======================-======== fl1"T9.!~ - ~~<ll~ . 6 c~ . 1994, 16 <r?<T5t. 1916 t "!•)

No. 56 Dispur. Friday. 6th May, :~94 . 16th Vtisakha.

1916 (S.l~. )

###### GOVERID..IENT OF ASSAM

 ORDERS BY THE GOVERNOR

 LEGISLATIVE DEPARTMENT: LEGISLATIVE BRANCll

 NOTIFICATION

 The 6th May 1994

 No.LGL.117/93/ 74.-- The following Act of tbe Aasam
 Legislative Assembly wJ:iich received the . assent.of th~
 Govanor is hereby published for general mformat1on.


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730 TU ASSAM GAZETTE. EXTRAORDINARY_ _·Y._ 6, 1994

###### ASSAM ACT NO. XXI OF 1994

 (Received the assent of the Governor o• 5th May, 1994)

T HB ASSAM STATE COMMISSION FOR WOMEN

AO'f, 1994

###### AN
ACT

to constitute an Assam State Commiasion for Woruoa a nd
to proTidc for matters connected therewith or iaoidcntal thereto.

Preamble. Whereas it is e~ pc dient to provide fior the constitutiofl of a

C ommission for fu rthering the fundamontal rights 1uaranted

by Articles 14, 15 and 16 of the Conatitution of India with
respect to women and to sive effect to the Directive Princi·

pies of State Policy and in particular 1hose enshrined in
Articles 38, S9, 39A and 42 of the Constitution to Improve

the status and dignity cf women ln the aoclety, to inves-
tigate inte and take or suggest suitable remedial measures
against pHcticca derogatory to w9men, to effectively monit or I

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and lm plement lawa affecting women and to advise G ovr~ n ·
roen t Bil d all matters related to the improvemeat and uphft·
ment of status an d dignity of women 1n the 1oeie1y.

###### It is berehy enacted in tht> Forty-fifth Year of tl:e

Republic of IRdia as follows: -

CHAPTER-I

1.(1} Tbisj Act may be called the Assam State Commi·

Short tit le,

ssion for Women Act, 1994.

extent and

commence•
men t• (2 ) It oxtend1 for the wbol..! of Assam

(3) lt SbalJ Come into force Oln BUCh date as the

State Government may, by notificati•n in Official

Gazette, appoint.

2. Tn this Act unless '. he c0n;ext otltet wise requires,-

D efin itio11. (a) "Chairperson" means t he Chairper1on appointed

under this Act and includes the Vice·Ob.airporson ;

( b) "Commission" means the Assam State Commission

for women constitated under Section 3 of this Act ·

(c) "Constitution" means the Constitution of India ·'

_{d)_ " Member" moans a Member of tbe Commi1sion a~d

includes tbe Member-Secretary ;

{,e) "Prescribed" m e a n~ presc1ib•d bJ rcks made under
t his Act.


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###### CHAPTER-U

 THE ASSAM STATE COMMbSION FOR WOMEN

Cons ti tu tion 3. (1) The State Government shall, by notification in the
of the Assam Official Gazette. constitute a Commission to be known
State Comi• as            - e Aasam S'ate C•mwission for W emeu.
mission for
Women.

(2} The Coamissioa shall consisi of the following ~­

###### (a) Tho Chairperson ;

(~) The Vice-Chai11pcrson;

###### to be aominated by the Stats Government.

(3} Seven Members tCJ be appointed by tho State Govern·

###### ment of whom aUeast one shall bolong to the Sche-
 duled Castcs/Scohcduled Tribes from amongst persons of ability a•d integrity and who have sened the cause of women or have had experience in law or administration concerning the ad\'ancement of wemen

_j_ or leadership of any voluntary organisation for women

for protection and premotien of commcin inierest of
###### women.

(4) A MomtJtr-SCcretary, to be nominated by the State

###### Geveramea t, who shall be-

(i) an export in the field of mana1ement, organisa-

###### tional .1tructure of socioleaieal movement, or

(ii) an officer who is a member of a Civil Service

###### of the State or bolEls a civil pest under the State
 with appropriate experience.

 4. (1) The Chairperson and every Member shall held ollict

T cl' m of
office and fer such period not exceeding three years, as may

conditions of be specified by the State Oovernmant in this ~ehalf.
service of

Chairperson
and Mcm•          - fu          -

be rs.

###### (2) The Chairperson or a Member other than the

Member-Secretary may, by writing . and addressed t•

###### the State Oovcrameat, resign from the office of the Olaairperson, as the case ma7 be, of the Memllte1 at any time.

fh .. - .. . ~ ~il3-~~ ' ,:;£.T5~ ~ • . == -~er•


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###### 732 THE ASSAM GAZETTE, EXTRAORD T.!:\IARY, ?AA Y 6, 1994

(3) The State G overnment shall remove a person from

tile office of the Chairperson or the Member if that

###### .,,erson-

(a) becomes an uudischarged iasolvent ;

(b) is convicted and sentenced to imprisonment for an

offence which in the opinion of the State Govfr nment
involves moral turpitude;

(e) become• of unsound mind and stands so declared
by a compete& t ceurt ;

(d) refuses to act or becomes incapable ef acting ;

(e) is, without obtaining leave of absc:nce from the

Commissi-0n, absent fro m three com ccu tivc: meetings
of the Commission ; or

{t) in the opinion ot' the State Government, bas so

abused the position of Chairperson o r Memlter as

to render tha! pcnon'& coniiouance in office det1imeatal
to the public interest :

Pro•ided that uo person shall be removed u11der this

###### . f'' 1ub-scction until that person b~s beca given a reasoaable
opporcunity of being hi;-ard in the matter.

(4) A vacancJ cauaed- under sub-section (2) or other-

wise shall bo filled by freah nonjination.

(S) The remuneration and allowances payable to and the
other terms and conditions of service of, the Chair-
person and Members shall be such a• may be

prcscribcli.

Officers and _5._ (l} The State Goveroment s1'sll pr0vide the Commi·
other em- 1sion with such officers and employees as may be
ployees of 11ecessary for the efficient performance of the function•
the Commi·

of the Commi:ision under this Act.

11ion.

(2) The remuneration a d other allowances paf able to
and the ether terma and condiiioss of senice of

the officers aud other employees appointed for the
purpose of the cemmissiQQ ahall be st:ch a11 maJ bo
###### prescribe•,


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THE ASSAM GAZETTE , EXTRAORDINARY, M~ Y 6, 1994 73'3

.Remunera· 6. The remuo ration and oth'!r allowances payable to

tiohn a~d the Chairpers0ct              - nd M i::mbcrs aoei the administrative ex-

ot nces er a to 11owbe a- prnses, me . l u d" mg a II owances aa d penuon. 1 paya bl e .. to t"' .. e

paid out of officers and ()ther emplo j ces refer rt d to in section 5, shall be

grants. paid out cf tl:e g•ants referred to in sub-section (1) of

section 11.

###### I

Vacattdes, 7. No a ct or Froeeej ing of the Commission 11hall be

ietc. nonn\idate >. to que!ltlonc . d or s 1 1alJ , b e mva 1 . l"d on t h e groun d mere 1 y o f t h e

proceedings existence of any vacancy or defect in the ConHitution of the
of the C11m- C0mmi5Sion

mission.

8. (1 ) The Commission may appoint auch committees

Committees
of the Com- as may be nec:!ssary for ot ali i• g with such special
mission. ii< sues as may be tabn up by the Commission

from time to time.

(2} The Commission shall have tbe power to co-opt

as members of any commit1ee appointed under
sub-section (I) sucll number of nersons, who are
not Members of the Commisslcn, 1ts it may thinltt

fit and the persons so co-opted shall have the

                      - ght to attend the meetings of the committee
and tat, part in its proceedings but shall not

havi: the right to vote.

(3) The persons co-opted under sub-section (2) shall

he entitled to receive 1uch allowances for atten-
d in: the meeting of                      - " cpmmittee as may be

prescribed.

Proeedure 9. (I ) The Commission or a committee thereof shall
to be regu- meet as and when neoessary and shalt meet at

lared by th e s11ch time and place a• the Cb:iirpersen ma7
Commission.

think fit.

(2) The Commission shall regulate iCs own procedure
and the procedure of the oommlttee1 thereof.

(3) All orders and decisions ef tbe Commission shall

be authenticattd by the Member-Secretary or any
other officer of the Commission oulJ authorised
by the :Member-Secretary in this behalf.                    -


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###### CHAPTER·III

 FUNCTIONS OF THB COMMISSION

Functions 10. (1) The Commission shall perfoJ!m all or any of the
of the following functions, namely:-

Commiuion.

(a) investigate and examine all matters · r~! ating to the
safeguards provided for women under the Consti-

tution and other laws ;

(b) present to tho State Government, annually and at

such other times as tbe Commission ma)' deem
fit, reports upon the working of tb.ese safeguards ;

###### ,

(c) .wake in such rep1nts recommendatioaa for the
effective implementation of those safeguards for
improving the conditions of women by the State ;

(d) re"iew, from time to time, the o:dsting provisions

###### of the Constitution and other Jaws affecting women

and recommend amendments thereto EO as to 1ug·
gest remedial lagi•lative measures to meet any
lacunae, inadequacies of shortcomings in such legis-

lations ~

(e) take up the caaes ef violation of the prevmons '.

of the Constitution and of other law• 1elatin1 t•

women with the appropriate autkol'ities;

###### (f) look into complaints and take swo moto notice of

_r1 .maiters relating_ to c-

(i)J,deprivatlnn of women's rigt&ts ;

(Ii) aen·implementation of laws enacte to provide
proteotion 10 women and alse to achieve the ob-
jective of equality and developrr ent ;

###### ..

(iii) [non-compliance ] [of ] [policy decisions; guidelines ][or ]

instructions, aimed at mitigating hard1hipa and
ensuring welfare and providing relief to wemen
and take up the issues arising out of such matteu
with appropriate authorities ;

(g) [call for special studies or investigation• ] [into ] [sp eci • ]

fie problems or situations arising out of dissrimlna-
tion and atrocitks against women and identify the
constraints so as to reco!!!melld strategies for t}leir

remo"._al .;

l


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TH'S i~SSAM GAZETTE, EXTRAORDH~ ARY, MAY 6, 1994 735

(h) undertake premotionaJ and educational research so

as to suggest ways of ensuring due representation of
women io all spheres and identify factors responsible
for impeding their advancement, such as, lack of
access to housing and bas ic service, inadequate support

services and techuologies for reduciog drudaery and

occupational health hazards and for increa1io1 their
productivity ;

(i) participate and advice on the planning process Qf

socio-economic deve!opmeiit of women ;

I (j) evaluate the progress of the development of women

under the State ;

(k) inspect or cause to be inspected a j ail, remand home,
women's institution or otheti place or custody where
women are kept as prLoners or otherwise, and take
up with the concerned authorities for remedial

actien if found ncc .. ssaTy;

(1) fund litigatien involving issues affecting a large body
of wo men;                   -

(m) make periodical reports to the Government on any

matter l)Crtaining to women and in particular vari.
etUs difficulties under which Gtomen toil;

(n) any other matter which may be refcl'l'ed to it by

State Oovrmment.

###### ..
 (l) The State Government shall cause all the reports

referred to in clause (b) of sub-section (1) to be laid before
the State Legislature alongwith a memorandum explaining
the action taken or proposed to be taken oo the recommenda-

tions relating to the Stat.; and the reasons for the nen-
acceptance , if any, 0f any of such recommendation1.

(3) The Commission shall, while invostigatiag any matter

refe; red to in sub-dause (i) or clause (f) _o'{_ sub-section (1) ,
have a ll the powers of the civil coure trying a suit and ,
in particular in respect of the following matters, namely:-

(a) summoning ar: d e flforci11g the attendance of any

person from any part of Assam and examining
him on oa th ;

(b) requi riug th e discoverr ar. d produetion of any

document;
(c) receiving evidence on affidavits ;
(d) requisitioniiag any public record or copy thereof
fr om any Court or office ;
(e) issuing Commissions fo r the examination of witnesses
and documents ; and
(f) any other m atter which may be presctibed.

/


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CHAP I'ER-IV

FINANCE, ACCOUNTS AND AUDIT

Grants by 11. (1) The State Oovernmen t shall after due appropria-

thGoe :state tion made by State Legislature in this behalf, pay to the
'lern• C ..
ment. omm1suen by way ot gran ts ~uch sums of money as the

State Government may think lit fer bei11g utilised for the

purpose of this Act.

(2) The Comm issio n may spend sl,ch sums as it think

fit for performing the functioDl! under this Act and sue.ti
sums shall be treated as expenditure p&)able out of the
grants referred to in 111b·1ection (I).

Accounts 12. (1) The Commission shall maintain proper acconnta
and audit. and other ielevant records and prepare an annual statement

of accounts in suc l.l form as may be pre1iCribed by the State

Government in co f\sultation \'\ itb the Accountant G¢neral of
Assam.

(2) The Accounts of the Commission shall be audited

by the Accountant G e r;~ral at such intervals as may be

spt.cified by him and any expenditure incurred in connection

with such audit shall be payable by the Commiasion to tho
Accountant General of Assum.

(3) The Accountant General or any person appointed
by him in 'onneciion with the audit of the accounts or the
Commission undr r ibis Act sball have the same rights and
privileges and the authority in connection with rnch audit as
the Accountant General J!enerally bas in connection with the
audit of Government c.ccounts and, io particular, shall have
the right to demand the p1oduction of books, accounts, conneC:.
ted vouchers and other documents and papers an i to inspect
any of the offices of the Co wimission .

. (4) The accounts of the Commission, ae ce1tified by the

Accountant G11neral or any other person appointed by h im in
this behalf, tog ther with tte audit repNt thereon shall be

for\\ar ded annually to tbe State Governmen1: by the Commi-

ssion.

Ann u a 1 13. The Comm ission shall prepare in such fo rm and at

report. such time, for each fi i.ancial year, as may be prtscribed, its
annual rq:~rt giving n full account of its ac11vities during

the previous financial year and forward e. copy •hereof te the
State Government.

Annaal 14. Tt.e. S•ate Govercment sh~ll c~use the annual report

report and togett er 11·1th a meu.o randum ot ucuon take;, ca the recom~
audit report 1Lendations c ontai11~ d thaein, in so far _ar_ they relc. te to the

~[0 ]t be laid State Govern men·, and tl-.e ~ easo r: s fer the D"''·accept ... nce,

.4:s~:bly~he if an ~ , of any _o f such recomm r.nd ati o~ s an<l the ~ udit

report to be laid as soon as may be aftet the reports are

received, before the Assembly.


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###### CHAPTER-V

MISCELLANEOUS

C 'iairpers'>n, 15. The Chairperson, the Members, officers and

###### Md m 5 ~e f other employees of the Conmisaiog s\all b= deemed

~~e c !~m~- to be pJblic servut~ within tha meaning of Section Central Act -

s>ion to be 21 of the hdian Penal Code. 45 of 1860.'

public scr·
vent1:1 .
###### s t a t e Go- 16. The State Government shall consult the

v~rnment co Commis~ion on all mijor p:>licy matters affecting
consult Com· w:>men.

mission.

0
~~k;r~fc1 ~ 17. (1) The Stat! Government may, by notifica-
tion in the Official Gazette, make rules for carrying
out the provisions of this Act.

12) In particular, and without preju1ice to

the generality of the foregoing powers, sucti rules
mav provide for all or any of the following matters,
###### namely:-
(a) remuneration and allowances payable to,
and the other terms a11d C)nditlons of serv1c~ of
the Chairperson and Members under sub-section _( 5 :_

ot Section 4 and officers and other employees under
sub-section (2) of Seotion 5;
(b) allowances for attending the m~etings of
the colllmittee by the Co-opted pers:>O un1er sub-

s;ction (31 of Section 8;
(c) other matters under clause (f) of sub-

section (3) of Section 10 ;

(d) the form in which the annual sta [1]ement

of accJunts shall be maiatained u11der sub-section

(i) 01 Section 12;

(e) the form ia, and the time at which the

annual report snail be preplred undu Sectio 1 13

(f) any other matter whic-1 is require i to be,
or may be, prcscri be.d.

R epeal and 18. (I) The .\.ssam State Commission for Women Asaam Ordi-

Saving. Ordinance, 1~93 is hereby repealed. ~tn:r ! 9~~-

(2) Notwithstanding such repeal, anything
done or any acd:>n taken under the Ord inance S'l
repealed sl1all be deemed to have been done or
ra ken under the corresponding provisions of this
Act.

###### K. LASKAR,
 Secretary to the Govt. of Assam,
 Legislative Department.

G UWA HAD-Print-d an:! p1 '>!i,hd by th~ _D J·_ Director (P), Directorate of Pt
aid, s~y.A;;an, G1,v 1'li '.i-2l lE t-.]a ~~ tt e) No.111·1005-400, 6-5. 196


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