Tripura Act NO. 1 of 1994 _ THE TRIPURA COMMISSION ' ‘ ' FOR _ WOMEN ACT, 1993. (WITH LATEST AMENDMENTS) ‘ Publishedinthe EXTRAORDINARY ISSUE OF TRIPURA GAZETTE Agartala, Wednesday, January 19, 1994 A. D. Pausa 29, 1915 S. E. GOVERNMENT OF TRIPURA LAW DEPARTNIENT No. F. 10(7)-Law/Leg/93 Dated, Agartala, the 4th January, 1994 The following Act ofthe Tripura Legislative Assembly received the assent of the Governor on the lst January, 1994 and is hereby published for general information :— TRIPURA ACT NO. 1 OF 1994 AN ACI' to privide for the constitution of a State Level Commission for women and for matters connected therewith or incidental thereto. WHEREAS it is expedient to privide for the constitution of a State Level Commission for women and for matters connected therewith or incidental thereto. It15 hereby enacted'in the Forty--fourth Year of the Republic of India, by the Legislative Assembly ofTnpura, as follows:~ CHAPTAR I Preliminary 3122:6113: l.( l) This Act may be called the Tripura Commission for Women Act, 1993. cbmmencement. (2) It extends to the whole ofTripura.
(3) It shall come into force on such date as the State Government may by notification in the official Gazette appoint ... DGfinitions. Constitution of Commission. Terms of office and condition of services of . Vice-Chairperson andMember. 2
2. In this Act, unless the context otherwise requires —
(a) “Commission” means the Tripura Commission for women constituted under section 3;
(b) “Member”, means Member of the Commission and include the Member-Secretary;
(0) “National Commission .for Women” means the National Commission for Women constituted under section 3 ofthe National Commission for WomenAct, 1990;
(d) “Prescribed” means prescribed by rules made under this Act;
(e) “Women” includes adolescent girl or female child. CHAPTAR II ConstitutionofCommission
3.(1) The State Government shall, within a period of three months from the dateof coming into force of this Act, by notification in the official Gazette constituted a body to be known as the Tripura Commission for Women.
2. The Commission shall consist of—
(a) (i) a Chairperson, and
(ii) a Vice-Chairperson, to be nominated by the State Government;
(b) Five members to be appointed by the State Government from amongst the persons ofability and integrity who have served the cause ofwomen or have had experience in law or administration ofmatters concerning the advancment ofwomen or leadership ofany trade union or voluntary organisation for Women for protection and promotion ofcommon interest .of' women, of whom at least — '
(i) one shall be a member of 3. Scheduled Caste, and
(ii) V one shall be a members of Scheduled Tribe; -
(c). an officer ofthe State Government who shall be the Member Secretary. 4(1) The Chariperson or the Vice-Chairperson or‘a Member, other than the Member Secretary, shall hold office for such period, not exceeding Three years, as may be specified by the State Government in this behalf.
(2) The Chariperson or the Vice-Chairperson or a Member, other than the Member Secretary, may at any time resign his office by writing under his hand addressed to the State Government.
(3) The State Government .shall remove a person from the office of Chariperson or Vice-Chariperson or Member, other than the Member Secretary, if that person - l. Substituted by Second Amendment Act, 1999.
2. Substituted by Second Amendment Act, 1999. s<gsc.m«..t...n.r.wwm,tw . : Officers and othe employees ofCommission. Salaries and allowances to be paid out of grant made by State Government. Vacancies etc. not to invalidate proceedings of commission. ' Committees of Commission. Procedure to be regulated by‘ Commission. 3
(a) becomes and undisharged insolvant; or
(b) gets convicted and sentenced to imprisonment for an offence which, in the opinion ofthe State Government, involves moral turpitude; or
(0) becomes ofunsound mind and stands so declared by a competent court; or
(d) refuses to act or becomes incapable of acting; or
(e) is, without obtaining leave of absence from the Commission, absent ' form thre consecutive meetings of the commission; or 7
(t) in the opinion of the State Government has so abused the position of Chairperson or Vice-Chairperson or Members as to render that person’s continuance in office detrimental to the public interest;
Provided that no person shall be removed under this sub-section until that person has been given a reasonable opportunity to being heard in the matter.
(4) A vacancy caused under sub-section (2) or otherwise shall be filled by a fresh nomination or appointment, as the case may be.
(5) The salaries and allowances ‘or honorarium payable to, and the other terms and conditions of service of, the Chairperson, Vice—Chairperson and Members, other than the Member Secretary shall be such as may be prescribed.
5.(1) The State Government shall provide the Commission with such officers and other employees as may be necessary for the efficient performance of the functions ofthe Commission under this Act.
(2) The salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees appointed for the purpose of the Commission shall be such as may be prescribed.
6. The salaries and allowances or honorarium payable to the Chairperson, Vice—Charperson and Members, other than the Member Secretary, and the administrative expenses including salaries, allowances and pensions payable to the officers and others employees referred to in section 5 shall be paid out of grant made by the State Government.
7. No act or proceeding ofthe Commission or any Committee thereof shall be called in question on the ground merely of the existence of any vacancy in or any defect in the constitution ofthe Commission or such committee as the case may be.
8. The Commission may appoint such committee or committees consisting wholly ofMembers as itmay consider necessary in the discharge of its functions under this Act.
9.(1) The commission or a committee thereof shall meet at such time and at such place as the Chairperson may think fit.
3. Inserted by First Amendment Act, 1994.
4. Inserted by First Amendment Act, 1994. Power to invite representative of ‘ National Commission for Women. Functions of Commission.
(2) 4 The Commission shall regulate its own procedure and the procedure of the committees thereof.
(3) All orders and decisions ofthe Commission shall be authenticated by the signature of the Chairperson or Vice--Chirperson or any Officers of the Commission authorised1n writing by the Chairperson or Vice—Chairperson in this behalf.
10. The Commission shall have the power to invite a representative of the National Commission for Women to its meetings as it may deem necessary.
11.(l) CHAPTARIII FunctionofCommission Subject to the provisions ofthis Act, the Commission shall perform all or any ofthe following functions:—
(a)
(b) (C)
(d) investigate and examine all matters relating to the safeguaids provided for women under the Constitution of India (herein after referred to as the Constitution) and other laws and recommend steps to be taken by the State Government for effective implementation ofsuch safeguards. review the existing provisions ofthe Constitution and other laws affecting women and recommend amendments thereto so as to suggest remedial legislative measure to meet any lacunae inadequacies or sho1tcornings in such legislations; take up the cases ofv1olat10n ofthe provisions ofthe Constitution and of other laws relating to women in the State with the appropriate authorities; look into complaints and take suo moto notice ofmatters relating to—
(i) Deprivation ofwomen’s rights.
(ii) non-implementation of laws enacted to provide protection to women.
(iii) non-compliance ofpolicy decisions, guidelines instructions aimed at mitigating hardship and ensuring welfare and providing reliefto women and taken up issues arising out of such matters with appropriate authorities,
(6) call for special studies or investigations into specific problems or situations arising out ofdiscrimination and atrocities against women and identify the constraints so as to recommend strategies for their removal;
(f) evaluate the progress of advancement of women in the State;
(g) visit ajail, destitute girl’s home, women’s institution or other place custody where are kept as prisoners or otherwise and take up with the concerned , .1» “Quiet 5 authorities such matters for remedial action as may be necessary;
(h) any other matter which may be referred to it by the State Government.
2. The State Government may consult the commission on policy matters affecting women.
3. The Commission shall, while investigating any matter referred to in clauses
(a) and (d) ofsub-section ( l), have all the powers of a civil court under the Code of Civil Procedure, 1908 while trying a suit, and, in particular, in respect ofthe following matters :— l
(a) summoning and enforcing the attendance of any person from any part ofIndia examining him on oath;
(b) requiring the discovery and production ofany document;
(c) receiving evidence on affidavits;
(d) any other matter which may be prescribed. L
(4) (a) The Commission shall present to the State Government every six months and at Such other times as the Commission may deem fit reports of its activities together with its recommendations and the State Government shall cause them to be laid before the State Legislature as soon as possible alongwith a memorandum explaining the action taken or proposed to'be‘ taken on the recommendations and the reasons for non—acceptance, if any, ofany of such recommendations. ‘
(b) It shall be the duty of the. commission to furnish comments and recommendations on any report of the National Commission for Women on any matter with which the State Government is concerned as that Government may call for. _ CHAP’I‘AR IV Finance, Accounts and Audit { Grunt by State 12(1) The State Government shall, .under appropriation made by the State ‘ Government. Legislature by law in this behalf, pay to the Commission by way of grant such sums ‘of money and in such manner as the State Government may think fit for being utilised for the purpose of this Act.
(2) The commission may spend such sums of money as it thinks fit for performing the functions underthisAct, and such Sums ofmoney shall be treated as expenditure payable out ofthe grant referred to in sub-sections ( l ). " Account and 13.( l) The Commission shall maintain proper accounts and other relevant records Audit. and prepare and annual statement ofaccounts in such form as may be prescribed by the State Government in consultation with the Accountant General, Tripura.
(2) The annual accounts ofthe Commission shall be audited by the Accountant General, Tripura. . Chairperson, Vice-Chairperson. members and staff of Commission to be public servants. Power to make rules. 6
(3) TheAccountant General, Tripura, shall have the same rights and privileges and the authority in connection with such audit as theAccountant General, Tripura generally has in connection with the audit of Government accounts and in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices ofthe Commission.
(4) The accounts ofthe Commission, as certified by the Accountant General, Tripura together with the audit report thereon shall be forwarded annually to the State Government by the Commission. CHAPTARV Miscellaneous
14. The Chairperson, the Vice-Chairperson, the Members, officers and other employees of the Commission shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code. 15(1) The State Government may be notification in the official Gazette make rules for carrying out the provisions ofthis act.
(2) In Particular, and without prejudice to the generality of the foregoing power, such, rules may provide for all or any ofthe following matters :—
(a) the salaries and allowances or honorarium payable to, and the other terms and conditions ofservice of, the Chairperson, the Vice-Chairperson and the Members under subsection (5) of section 4 and the officers . and other employees under sub-section(2) of section 5;
(b) the form in which the annual statement ofaccounts shall be maintained under sub-section (.1) ofsection 13;
(c) any other matter which is required 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 State Legislature, while it is in session, for a total period of fourteen days which may be comprised in one session or in two or more successive sessions, and if, before the expiry ofthe session immddiately following the session or the successive sessions aforsaid, the State Legislature agrees in making any 7E the State Legislature agrees that the rules should not be made, the rule shall thereafter have effect only in such modified form or be of no effect the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity ofanything previously done under that ,3 . rule.‘ . ‘ . B. B. SENAPATI ADDITIONAL SECRETARY TO THE GOVERNMENT OF TRIPURA