l-IARYANA aovr ---- (ASVNGAZ. (EXTRA.), OCT . 23, 1934 SAKA) . 15, 20l2
PART I RARY ANA GOVERNMENT LAW AND LEGISLA TIYE DEPARTMENT Notification 265 The l5th October, 2012 No. Leg.32/2012.-The foll .
Haryana received the assenr of owing Act of the Legislature of the State of 201 2 , and is hereby pubr h d }he Gover~or of Haryana on the 27th September, ts e ior general mformation:- HARY ANA ACT NO. 27 OF 2012 THE HARV ANA STATE COMMISSION FOR WOMEN A~T, 2012.
AN ACT to constitute Haryana State Commission for Women and to provide for matters connected therewith and incidental thereto.
BE it enacted by the Legislature of the State of Haryana in the Sixty-third Year of the Republic of India as follows : -
CHAPTER-I PRELIMINARY \ -- .
1. ( 1) This Act may be called the Haryana State Commission for Women Short title, Act, 20 12.
(2) It extends to the whole of the State of Haryana.
(3) It shall come into force on such date as the Government may, by notification, in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,-
(a) "Commission" means the Haryana State Commission for Women constituted under section 3;
(b) "Chairperson" means Chairperson of the Commission;
(c) "Government'' means the Government of the State of Haryana;
(d) "Member" means the member of the Commission and includes the Chairperson, Vice Chairperson and Member Secretary;
(e) " Nat ional Co mmission for Wom en" means the National Commission for Women constituted under section 3 of the National Commission for Women Act, 1990 (20 of 1990);
extent and commencement.
Definitions.
I I - , • _,J·n ~ VT GAZ. (EXTRA.), OCT. 15, 2012 ~ . 266 HARYANA °fAsVN. 23, 1934 SAKA) ~~~------. -=ff:_. ~":"~in: c:lu~d~e;s : an~o~f;.fi~ce~,~b~od;y~o~r~i~ns~t~itu;t:io;n~estabr (t) "\>Ubhc O ; e der the Constitution oflnd i a, by Law of Parli ishe,i or const,tut . ulnture by order or notification by the Oover~tllent Constiwt1on of State Commissrnn for Women r State Lcg1s a ' . . b . tllent 0 t..t -Government Organ1zat1on su stanttally fina , or a body or r,on need by the Government~ .b d" means prescribed by rules made under this Act·
(g) "prescn e ' (h) .. Vice Chairperson" means Vice-Chairperson of the Commission; and
(i) "Women" means a female including gir_l child or adolescent girl.
CHAPTER-fl HARYANA STATE COMMISSION FOR WOMEN 3. ( l) The Government, by notification in the Official Gazette, shall constitute a body known as the Haryana State Commission for Women to exercise the powers conferred on, and perform the functions assigned to it under the Act. (2) The Commission shall consist of-
(a) a Chairperson, who shall be a woman, committed to the cause of women, to be nominated by the Government; (b) a Vice-Chairperson and a maximum of five members to be no~ina~ed b~ the Government from amongst persons of ab1l_1ty, _mtegnty and standing who have experience in law. leg1slat10n, trade unionism, management of . d tr . . . .
1n us y or organi_zat,on committed to increase the employment potential for women women, s volunt . .
. . ' ary organizations (including women activists) adm1·n · t . . ts ration, economic development. health, education or social welfare: Provided that at least one member shall be fro . persons belongi ng 10 the Scheduled Castes· m amongS t (c ) a Mem ber-Secrc1ary to be nominated b h G i bl f Y l e overnment pre e~a. y ~om am~ngst the women officers of the Indian Admin1stra t1 ve Services or the Haryana c· · I s . 1 v 1 erv1ce not below the rank of Joint/ Deputy Secretary to the G. ' J0vemmenc; (d) th e Admini str ative Secretary o f Wo men and Child Development , Haryana shall be a special invi tee: (e) the Director, Women and Child Development, Haryana and the Director General of Pulice of Haryana shall be ex-officio members of the Commission;
(f) the majority of the members of the Commission shall be women.
l-IARy ANA GOVT ---~ . GAZ (ASVN . (EXTR_A shall h 4. (l) The Ch . . 23, 1934 SAi{l\.~CT. 15, 2012 267 the Gold o f fice for sucha1rp~rson, Vice-Chair ~~~=--------- overnme . I>enod not person and e . nt in this behalf ' exceeding three very nominated memb · Years as b er o (2) The Ch . ' may e specified by n attainin h airperson v · Ch . g t e age of 65 , ice Chairperso d F a1~rson and Vice-Ch . Years cease to hold nt~n No~-Official member shall manc1al Commission a1rperson shall be the e office. The status of the ~ember shall be equi~rl and Principal Secretar;a:::.: a~ that of the status of the e~art~ent respectivel; e;~ to the Joint Secretary in ~h: ~atus of a nominated notic e m writing under h: e member may resign from . arya~a Gove~_ment is hand addressed t h his office by g1vmg a •
(3) T o t e Government.
he Government shall
(a) bee remove a member from his, if he,- omes an l!ndercharged insolvent·
(b) gets convicted a~d sentenc d . _' which in the . . e to impnsonment for an offence
(c)
(d) opm1on of the Go .
turpitude; vernment involves moral ' gets involved in a · · 1 him. cnmma case or .charges are framed against ' becomes of unsound mind and stands so declared by a competent court;
(e) refuses to act or becomes incapable of acting;
(0 is without obtaining leave of absence from the Commission absents himself for three consecutive meetings of th~ Commission; or
(g) in the opinion of the Government, has so abused the position as to render that person's continuance in office detrimental to the public interest or interest of women:
Provided that no such person shall be removed under this clause 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 fresh nomination;
(5) The salaries and allowances payable to, and the other terms and conditions of service of the Chairperson, the Vice-Chairperson and Members shall be:.such as may be prescribed.
Term of o ffice and conditions of service of Chairperson Vicc-Chairp~rson and Members.
· . . . • h h f f. Officers a nd o ther 5 (1) The Government shall provide the Comm1ss10n wit sue o icers f th • . . . e mployees o e and employees, as may be necessary, for the eff1c1ent performance of the functions c ommission .
of the Commission under this Act .
268 RARY ANA GOVT. GAZ. (EXTRA.), OCT. 15, 2012 (ASVN. 23, 1934 SAKA) Salaries and allowances to be paid out of grants/ budgetary support.
(2) The salaries and allowances payable to, and_ the other terms and conditions of service of the officers and other employees appointed for the Pllrpose of the Commission shall be such as may be prescribed.
6. The salaries and allowances payable to, the Chairperson, ViceChairperson and Members 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 grants or budgetary support referred to in sub-section ( l) of section 11.
Vacancies etc., not 7. No act or proceeding of the Commission shall be questioned or shall to be invalidate be invalid on the ground merely of the existence of any vacancy, absence of proceedings of the Commission . member or defect in the constitution of the Commission. Committees of the Commission .
Procedure to be regulated by the Commission .
8. (l) The Commission may appoint such Committees, as may be necessary, for dealing with such special issues as may be taken up by the Commission from time to time.
(2) The Commission shall have the power to co-opt as members of any committee appointed under sub-section ( 1 ), such number of persons, who are not members of the Commission, as it may think fit and the persons so co-opted shall have the right to attend the meetings of the Committee and take part in its proceedings but shall not have the right to vote.
(3) The persons so co-opted shall be entitled to receive such allowances for attending the -meetings of the committee, as may be prescribed.
9. (1) The Commission or a committee thereof, as the case may be, shall meet as and when necessary and shall meet at such time and place, as deemed fit.
(2) The Commission shall regulate its own procedure and the procedure of the committees thereof or as is prescribed.
(3) All orders and decisions of the Commission shall be authenticated by the Member Secretary or any other officer of the Commission duly authorized by the Member Secretary in this behalf.
CHAPTER-III FUNCTIONS OF THE COMMISSION Functions of the 10. (1) The Commission shall perform all or any of the following Commission . functions, namely:-
(a) investigate and examine all matters relating to the safeguards provided for women under th~ Constitution and other laws;
(b) present to the Government, ann~ally and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
RARY ANA GOVT. GAZ (E (ASVN . XTRA.), OCT. 15, 20 12 269
(c)
(d)
(e)
(f) · 23, 1934 SAKA) ~akc in such reports recommendations fo r the effective impl~~entation of those sa feguard s for improvi ng the conditions of women by the St.ate;
review. from time to time. the existing provisions of the Co · · · · nst:Jtut:Jon and other laws affecting women and recommend amendments thereto so as to sugge.st remedial legislali ve measures to meet any lacunae, inadequacies or shortcomings m such legislations:
take up the cases of violation of the provisions of the Constitution and of other laws, relating to women with the appropriate authorities;
look into complaints and take suo motu notice of matters relating to-
(i) deprivation of women ·s rights;
(ii) non- implementation of laws enacted to provide protection to women and also to achieve the obiective of equality and development;
(iii) non-compliance of poiicy decis_ions, guidelines or instructions aimed at mitigating hardships and ensuring welfare and providing relief to women; and take up the issues arising out of such matters with appropriate authorities;
(g) call for special studies or investigations into specific problems or si tuations arising out of discrimination and atrocities against women and identify the constraints so as to recommend strategies for their removal ;
(b ) undertake promotional and educational rese:u-ch so as to suggesr ways of ensuring due representation of women in all spheres and idenrify factors responsible for impeding Lheir advancement, such as, lack of access to housing and basic services, ioadequaLe support services and technologies for reducing drudgery and occupational health hazards and for iocreci$ing their productivity ;
(i ) parti c ipate and advise o n rhe planning process o f soc io eco nomi c development of women ;
U) moni tor and review the women related schemes/programme-.
in the State and eva luate the progre!->s of the development of women under the State ;
(k) inspect or cause ro be inspected Po lice Stations, jail, remand home , women 's institution o r o cher place of custody where Grants/Budgetary 'i upport by the Gnvemment.
?.70 OCT 15. 201 2 GAZ- (EXTRA.), .
HARYANA GOVT. 23 1934 SAKA) (ASVN- ' th rwise, and take up with . ners or o e . f . women are kept as pns?. f remedial action , I found the concerned authonttes or necessary; . . n various issues/aspects f ny organrzauon o
(1) call for data rom a d d lopment. empowerment towar s eve of journey of women . . th and hurdles faced by ·b·t·t includtng grow and accessi 1 1 Y, · t etc · . . d 1 family or soc1e Y ·· them from ind1v1 ua , h Government on any matter
(m) make periodical reports ~o. t e ticular various difficulties pertaining to women a~ m par under which women toil;
b f ed to it by the (n) any other matter which may e re err Government;
(o) shall furnish comments and recommendations on any rep?rt of the National Commission for Women on any matter with which the Government is concerned as the Government may call for.
(2) The Government shall cause all the reports referred to in clause (b) of sub-section ( l) to be laid before the State Legislature along with a memorandum explaining the action taken.
(3) The Commission shall, while investigating any matter referred to in clause (a) or sub-clause (i) of clause (f) of sub-section ( 1), have all the powers of a civil coun trying a suit and, in particular, in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of ~ny 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) requisitioning any public record or copy thereof from any public office;
(e) any other matter which may be prescribed.
CHAPTER-IV FINANCE, ACCOUNTS AND AUDIT . 11. (l) Th~ G~vernment shall , after due appropriation made by Legislature by law m this behalf, pay to the Commission by way of grants or budgetary sup~ort out of consolidated funds of the State for being utilized for the purposes of this Act.
. (2) The ~ommission may spend such sums as it thinks fit for performing the functions under this Act, and such sums shall be treated as I - ) h HARYANA GOVT. GAZ. (EXTRA .), OCT. 15, 20 12 271 (ASVN . 23 , 1934 SAKA) expenditure payable out of the grants or budgetary suppo rt referred to in sub section ( 1 ).
12. (I) 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 Government.
(2) The acco unts of the Commiss ion shall be audited by the Accountant General (Audit) , Haryana at such intervals as may be specified by the Government and any expenditure incurred in connection with such audit shall be payable by the Commission.
(3) The Accountant General (Audit), Haryana and any person appoi nted by him in connection with the audit of the accounts of the Commission under this Act shall have the same rights and privileges and the authority in connection with such audit as Accountant General (Audit) generally has in connection with the audit of Government accounts and, in particular, shall have the righ t 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 Accountant General (Audit), Haryana or any other person appointed by him in this behalf together with the audit report there on shall be forwarded to the Government by the Commission .
13. The Commission shall prepare, in such form and at such time, for each financial year, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and forward a copy thereof to the Government which shall be a part of the Annual Administrative Report of the Women and Child Development Department.
14. The Government shall cause the annual report together with a memorandum of action taken on the recommendation contained therein, in so far as they relate to the Government and the reasons for the non-acceptance, if any, of any of such recommendations and the audit report to be laid as soon as may be after the reports are received, before the State Legislature.
CHAPTER-V MISCELLANEOUS Accounts a nd audit.
Annual report.
Annual report a nd audit report to be laid before legi s lature .
15. The members, officers and other employees of the Commission shall Chairperson. Vice be deemed to be public servants within the meaning of section 21 of the Indian Chairperson .
Penal Code 1860 (45 o f 1860) . Members and s taff of the Commission to be public se rvants.
l6. The Government may consult the Commissio n on all major policy Government 10 matters affecting women . consult C ommission .
Protection of sction taken in good faith .
Power to make ru les .
Savings .
272 HARYANA GOVT. GAZ. (EXTRA.), OCT. 15, 2012 (ASVN. 23, 1934 SAKA)
17. No suit, prosecution or other legal proceedi~g ~hall lie against the Chairperson , Vice-Chairperson. any Member of the Comm1ss1_on, or any officer of the Commission for anything which is in good faith done or mtended to be done under this Act or the Rules made there under.
18. (l) The Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) Every rule made under this Act shall be laid, before the State Legislature.
19. The Chairperson, Vice-Chairperson or non-official members nominated vide Notification No. 3055-SW (4)/99 dated 20th December, 1999 in the Haryana State Commission for Women shall continue till the expiry of their respective tenn under the said notification:
Provided that anything done or any action taken or any proceedings conducted by the Commission constituted under the Notification No. 3O55-SW
(4)199 d~ted 20th December, 1999 shall be deemed to have been done and taken under this Act.
MANilTSINGH · Secretary to Government H' aryana, Law and Legislative Department.
r~ ~ ··~ .
{ l:: xtract from H aryana G overnm ent G az<!tte. dated the 12th F ebruary, 2013 ] B·· H A R V A N A G O V E R N M E N T W O ivIBN A N D C H IL D D EV ELO PM EN T D EPA R TM EN T N otification T h e 25th January, 2013 N o. 6 l-S W
(3) 2 0 1 3 .-In e x erc ise o f the pow ers & conferred by sub-section (3) o f section 1 of the H aryana S tate C o m m is sio n fo r W o m e n A ct. 2 0 l 2 (2 7 o f 2 0 1 2 ) , the G overnor o f H aryana here by app oint the 26th January , 20 I 3 to be th e d ate. fo r th e p u rp o se n f said sub- section.
· • D H E E R A K IIA N D E L W A L P rincipal S ecretary to G overnm ent H aryana.
W om en and C hild D evelopm ent D epartm ent.
5 0 7 1 0 -C .S .- H .G .P ., C hd .
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