(1) The Commission shall perform all or any of the following functions, namely:
(a) inquire into any unfair trade practice, take decision thereon, and to recommend to the Government the actions to be taken in that matter;
(b) cause investigations to be made by the Member Secretary on issue of importance concerning women or issues concerning unfair practice and to report thereon to the Government in the corrective measures to be taken ; (women related issues)
(c) submit Annual Reports to the Government -
(i) on 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 situations;
(ii) of the monitoring of the working of laws, in force, concerning women with a view to identifying the areas where the enforcement of law is not adequately effective or has not been streamlined and recommending executive or legislative measures to be taken in amelioration thereof;
(iii) of the monitoring the recruitment made to State Public Service and State Public Undertakings and, promotions within the said services and, scrutinising the rules and regulations governing such recruitment and promotions, with a view to reporting to the Government for action, if any, required to guarantee equal opportunity to women in the matter of such recruitment and promotions;
(d)(i) inspect or cause to be inspected, by the Member Secretary or any officer of the Commission duly authorised by the Commission, in that behalf, prisons, police stations, lock-ups, sub-jails, rescue homes or other places of custody where women are kept as prisoners or otherwise, or shelters for women or other similar 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 all such other places wherein unfair practices against women is complained of and, cause further inquiries 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 ;
(ii) in case 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/her duties in relation to the protection of the interest of women, it may recommend to the concerned disciplinary authority or initiate disciplinary action :
(e) recommend to Government, the welfare measures to be adopted and implemented by the Government with a view to ameliorating the conditions of women;
(f) 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 or without modification, implement the same or cause the same to be implemented;
(g) Empower the Member Secretary 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;
(h) maintain a comprehensive Data Bank relating to the social economic and political conditions of the 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 ;
(i) 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 :
(j) 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;
(k) participate and advise on the planning process of social, political and economic development of women ;
(I) fund litigation involving issues affecting a large body of women ;
(m) make periodical reports lo the Government on any matter pertaining to women, and in particular, various difficulties under which women toil;
(n) undertake promotional and educational research so as to suggest ways of ensuring due representation of women in all spheres, including monitoring of the academic curricula in the State so as to check gender-bias, sex stereotyping, envisaged in the core curricular area of National Policy of Education, 1986 (Revised 1992).
(o) identify factors responsible for impending the advancement of women. such as lack of access to housing and basic services, particularly for single women and female-headed households, and inadequate support services and technologies for reducing drudgery and, occupational health hazards and, for increasing their productivity;
(p) hold Family Court to dispose off cases related to unfair practices against women;
(r) 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 ( I ) of section 15, before the Legislative Assembly during its next session and cause action to be taken thereon by the authority concerned within 60 days from the date of laying such recommendations.
Inquiry into unfair practices
16. (I) The Commission shall inquire into any unfair practice :
(a) in receiving a written complaint from any women alleging that she has been subjected to any unfair practice or on a similar complaint from any registered reputed women's organisation or individuals;
(b) on its own knowledge or information;
(c) request from the Government;
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(2) Where the complaint has been made under clause (a) of sub-section ( I ) of section 16, the Commission may, before the issue of any process to the person complained against, cause a preliminary investigation lo be made by the Member Secretary, in such manner as it may deem fit, for the purpose of satisfying itself that the complaint requires to be enquired into.
(3) Where the person against whom the complaint has been made, appears and show cause or fails to appear on the day appointed for that purpose, the Commission may proceed to inquire into the matter in the complaint and, take a decision thereon and, if the Commission find 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 (60) days, from the date of receipt of the recommendation of the Commission under sub-section (3) of section 16, take a decision thereon and, intimate the same to the Commission.
initiation of Prosecution and implementation.
17. If, after investigation into any complaint under section 16, the Commission is satisfied that a person has committed any criminal offence and that the person 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 granted by that authority within forty-five (45) days of the request by the Commission and, if such sanction is not granted within the said period, such sanction shall be deemed to have been granted by that authority. Thereafter, implementation of the prosecution will be carried out by the concerned authorities on the recommendation of the Commission.
Annual report to be laid before the Legislative Assembly.
18. The Annual Report submitted to the Government, by the Commission in accordance with sub clause (a), (b) and (c) of sub-section ( I ) of section 15, shall be laid before the Legislative Assembly, as soon as may be, after the report is received by the Government.
Sitting of the Commission.
19. (I) The Commission shall hold sitting ordinarily at Itanagar to enquire into any unfair practice but it may hold sittings at any other region 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 shall, after they are made, be published in the official 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,
(4) The Commission shall meet as and when necessary, but at least one meeting of the Commission shall be held before lapse of three months between two consecutive meetings.
(5) The Commission shall meet at such a time and place as the Chairperson may think fit and shall observe such procedure in regard to her business as may be prescribed.
(6) Each meeting of the Commission shall be called by giving not less than 10 days from the date of issue of notice in writing to every member.
Authentication of orders etc. of the Commission.
20. All orders and decisions of and all other proceeding or instruments, if any, issued by the Commission shall be authenticated by the signature of the Member Secretary or of such other officer as may be authorised by the Commission in this behalf.
Donations, contributions etc. to the Commission
21. The Commission may, with the previous sanction of the Government and subject to such terms and conditions as may be specified on their behalf by the Government, receive money from any organisation, or person by way of donation, contribution or by whatever name called for the purpose of this Act.
Government consulting the Commission.
22. The Government shall consult the Commission on all policy matters affecting the women in the State from time to time as wh.en sought for by the Commission.
Members, officers and employees of the Commission to be Public Servants.
23. 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 public servants within the meaning of section 21 of the Indian Penal Code 1860 (Central Act 45 of 1860).
Protection acts done Good Faith.
24. No suit, prosecution of other legal proceedings shall lie against any member of the Commission or any office of the Commission for anything done in good faith or intended to be done under this Act or the rules made thereunder.
Courts not to Grant injunctions.
25. 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.
Removal of Difficulties.