The Gujarat State Commission for Women Act, 2002

GOVERNMENT OF GUJARAT LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT THE GUJARAT STATE COMMISSION FOR WOMEN ACT, 2002. (GUJARAT ACT NO. 12 OF 2002) (As modified up to 31st January, 2025.) PRINTED IN INDIA BY THE MANAGER, GOVERNMENT CENTRAL PERSS, . [2024] [Price : 20.00] GOVERNMENT OF GUJARAT LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT THE GUJARAT STATE COMMISSION FOR WOMEN ACT, 2002. (GUJARAT ACT NO. 12 OF 2002) (As modified up to 31st January, 2025.) PRINTED IN INDIA BY THE MANAGER, GOVERNMENT CENTRAL PERSS, . [2024] [Price : 20.00] G.C.P.G.-H-159-06-2024-DTP-2 © GOVERNMENT CENTRAL PRESS, GANDHINAGAR. 2002 : Guj. 12] The Gujarat State Commission for women Act, 2002. THE GUJARAT STATE COMMISSION FOR WOMEN ACT, 2002. CONTENTS PREAMBLE SECTIONS. PAGE NO. 1. Short title, extent and commencement. 1 2. Definitions. 1 3. Constitution of Commission. 1 4. Terms of office and conditions of service of Chairperson and 2 members. 5. Resignation of Chairperson and member. 2 6. Removal of Chairperson and member. 2 7. Disqualification for being Chairperson or member. 3 8. Filling up of vacancies. 3 9. Officers and other employees of commission. 3 10. Salaries and allowances to be paid out of grants. 3 11. Defect in Appointment of Chairperson or member not to 3 invalidate acts or proceedings. 12. Constitution of ad hoc committee. 3 13. Procedure to be regulated by Commission. 4 14. Functions of Commission. 4 15. Powers of Commission. 5 16. Consultation with Commission. 5 17. Protection of action taken in good faith. 6 18. Grants by State Government. 6 19. Preparation and submission of programme of work and annual 6 statements of accounts. 20. Accounts and audit. 6 21. Concurrent and special audit of accounts. 7 The Gujarat State Commission for women Act, 2002. [2002 : Guj. 12 SECTIONS. PAGE NO. 22. Annual reports. 7 23. Annual report and audit report to be laid before state legislature. 7 24. Chairperson, members and staff of Commission to be public 7 servants. 25. Power to make rules. 7 26. Power to remove difficulties. 8 27. Power of State Government to give directions. 8 28. Repeal and savings. 8 _____________ 2002 : Guj. 12 ] The Gujarat State Commission for women Act, 2002. 1 GUJARAT ACT NO. 12 OF 2002.*1 [THE GUJARAT STATE COMMISSION FOR WOMEN ACT, 2002. ] [6th April, 2002.] AN ACT to provide for the constitution of a State level Commission for women and for the matters connected therewith or incidental thereto. It is hereby enacted in the Fifty-third Year of the Republic of India as follows:- 1. (1) This Act may be called the Gujarat State Commission for Women Short title, extent and Act, 2002. commencement. (2) It extends to the whole of the State of Gujarat. (3) It shall be deemed to have come into force on the 29th December, 2001. 2. In this Act, unless the context otherwise requires,— Definitions. (a) "Commission" means the Gujarat State Commission for Women constituted under section 3; (b) "member" means a member of the Commission and includes the Chairperson and the member-secretary; (c) "prescribed" means prescribed by rules; (d) "women" includes female-child and adolescent girl. 3. (1) The State Government shall, by notification in the Official Gazette, Constitution of Commission. constitute a body to be known as "the Gujarat State Commission for Women". (2) The Commission shall consist of,— (a) a Chairperson, who shall be an eminent woman committed to the causes of women, to be nominated by the State Government; (b) five members to be nominated by the State Government from amongst persons of ability, integrity and standing, who have served the cause of women and who have had sufficient knowledge and experience in law or legislation, sociology, advancement of women nutrition, trade unionism, management of an industry or organisation committed to increase the employment potential of women, women's voluntary organisations (including women activists), administration, economic development, health, education or social welfare: 1. For Statement of Objects and Reasons, see Gujarat Government Gazette, Extra ordinary, Part – V, dated the 22nd February, 2002, Page No. 4-11 to 4-12. * This Act was assented to by the Governor on the 6th April, 2002. 2 The Gujarat State Commission for women Act, 2002. [2002 : Guj. 12 Provided that one member shall be from amongst persons belonging to the Scheduled Castes or Scheduled Tribes: Provided further that one member shall be from amongst the advocates; (c) following ex-officio members — (i) Director General of Police, Gujarat State, (ii) Secretary to Government, Women and Child Development Department, (iii) Secretary to Government, Finance Department, (iv) Secretary to Government, Legal Department, (v) Secretary to Government (Family Welfare), Health and Family Welfare Department, (d) one Member-secretary to be nominated by the State Government from amongst the officers of the State Government, who is not below the rank of Joint Secretary to Government. Terms of 4. (1) The Chairperson and the members other than those nominated by office and virtue of their office shall hold office for a period of three years. conditions of service of (2) The salaries and allowances payable to, and the other terms and Chairperson conditions of service of the Chairperson and the members, shall be such as may and members. be prescribed. Resignation of 5. The Chairperson or a member may at any time resign his office by Chairperson writing under his hand addressed to the State Government and on such and member. resignation being accepted, he shall be deemed to have vacated his office. Removal of 6. Notwithstanding anything contained in sub-section (1) of section 4, the Chairperson State Government may remove the Chairperson, or as the case may be, a member and member. from his office, if he,— (a) is or has become subject to any disqualification mentioned in section 7; (b) remains absent, without leave of the Commission for more than three consecutive meetings of the Commission; (c) refuses to act or becomes incapable of acting; (d) in the opinion of the State Government, has so abused the position of the Chairperson or, as the case may be, member, as to render his continuance in office detrimental to the public interest, or is otherwise unfit or unsuitable to continue as such Chairperson or, as the case may be, member: Provided that the Chairperson or, as the case may be, any member shall not be removed under this clause until he has been given a reasonable opportunity of being heard. 2002 : Guj. 12 ] The Gujarat State Commission for women Act, 2002. 3 7. A person shall be disqualified for being nominated as or for being a Disqualification for being Chairperson or a non-official member, if he,— Chairperson or member. (a) is or becomes an undischarged insolvent; (b) is convicted and sentenced to imprisonment for an offence which, in the opinion of the State Government, involves moral turpitude; (c) becomes of unsound mind and stands so declared by a competent court. 8. A vacancy arising by reason of death, resignation or removal of the Filling up of vacancies. Chairperson or any member under section 6 or otherwise shall be filled up in accordance with the provisions contained in section 3. 9. (1) The State Government shall provide the Commission with such Officers and officers and employees as may be necessary for the efficient performance of the other employees of Commission. functions of the Commission under this Act. (2) The salaries and allowances payable to, and the other terms and conditions of service of the officers and other employees, shall be such as may be prescribed. 10. The salaries and allowances payable to the Chairperson and members Salaries and allowances to be and the administrative expenses, including salaries and allowances payable to the paid out of officers and other employees, shall be paid out of the grants made to the grants. Commission under section 18. 11. (1) No act or proceeding of the Commission shall be questioned or Defect in appointment of invalid on the ground merely of the existence of any vacancy in, or any defect in Chairperson or the constitution of the Commission. member not to invalidate acts (2) No act done by any person acting in good faith as Chairperson or or proceedings. member shall be deemed to be invalid merely on the ground that he was disqualified to be a Chairperson or a member or that there was any other defect in his nomination. 12. (1) The Commission may, for the purpose of transacting any business Constitution of adhoc before it or for any special issue, constitute an adhoc committee consisting of— committee. (a) not more than two members of the Commission; and (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 in her absence any other member shall preside over the meeting of the Committee. (3) 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. (4) The person so associated shall be entitled to receive such allowances for attending the meeting of the Committee at such rate as may be prescribed. 4 The Gujarat State Commission for women Act, 2002. [2002 : Guj. 12 Procedure 13. (1) The Commission or ad hoc committee thereof shall meet at such to be time and such place as the Chairperson may think fit: regulated by Commission. Provided that the Commission shall meet at least every quarter. (2) The Commission shall determine procedure in regard to the transaction of its business at its meeting and meetings of the ad hoc committee appointed under section 12. (3) Any order or decision of the Commission shall be authenticated by the member-secretary or any other officer of the Commission authorised in this behalf by the Chairperson. Functions of 14. (1) The Commission shall have the following functions, namely:— Commission. (a) to examine all matters relating to the safeguards provided for women under the Constitution of India and other laws; (b) to present to the State Government annually and at such other times as the Commission may think fit, reports upon the working of such safeguards; (c) to make in such reports recommendations for the effective implementation of such safeguards for improving the conditions of women by the State; (d) to review from time to time, the existing provisions of laws relating to women and recommend amendments therein for the purpose of providing remedial legislative measures to meet with inadequate provisions of such laws; (e) to take up the cases of violation of the provisions of the Constitution of India and of other laws relating to women with the appropriate authorities; (f) to look into complaints and take suo moto notice of matters relating,— (i) deprivation of women's rights; (ii) non-implementation of laws enacted to provide protection to women and to achieve the objects of equality and development; (iii) non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships and ensuring welfare and providing relief to women, and to take up the issues arising out of such matters with appropriate authorities; (g) to call for special studies or investigations into specific problems or situations arising out of discrimination and atrocities against women and to identify the constraints so as to recommend strategies for their removal; (h) to undertake promotional and educational research for the purposes of— 2002 : Guj. 12 ] The Gujarat State Commission for women Act, 2002. 5 (i) suggesting ways of ensuring due representation of women in all spheres; (ii) identifying factors responsible for impeding their advancement, such as, lack of access to housing and basic services, inadequate support services and technology for reducing drudgery and occupational health hazards and for increasing their productivity; (i) to participate and advise on the planning of socio-economic development of women; (j) to evaluate the progress of the development of women under the State; (k) to inspect or cause to be inspected a jail, remand home, women's institution or other place of custody where women are kept as prisoners or otherwise, and to take up with the concerned authorities for remedial action, if necessary; (l) to provide fund for litigation involving issues affecting a large body of women; (m) to endeavour to promote through the media a more positive image or balanced depiction of women in society and continuously to interact, and try to educate the public opinion through media to enhance sensitivity to gender issues and bring about gender parity; (n) to any other matter which may be referred to it by the State Government. 15. The Commission shall, for the purposes of any inquiry under this Act, Powers of Commission. have the same powers as are vested in a civil court while trying a suit under the V of 1908. Code of Civil Procedure, 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 examination of witnesses: Provided that the Commission shall not exercise aforesaid powers in respect of the matter which might be in conflict with said matter pending before the court of law. 16. The State Government may consult the Commission in respect of Consultation major policy matters affecting women. with Commission. 6 The Gujarat State Commission for women Act, 2002. [2002 : Guj. 12 Protection of 17. No suit, prosecution or other legal proceedings shall be instituted action taken against the Chairperson or any member or any officer or other employee of the in good faith. Commission or any person acting under the direction either of the State Government or of the Commission for anything which is in good faith done, or intended to be done under this Act or the rules or orders made thereunder. Grants by 18. (1) The State Government shall pay such amount to the Commission State by way of grants, as it may think fit for the purposes of this Act. Government. (2) The Commission may, with the previous sanction of the State Government and subject to such terms and conditions as may be specified in this behalf by the Government accept funds from any national or international organization working in the field of women and child development, for achieving the objects of this Act. (3) The Commission may spend such sums as it thinks fit for the performance of the functions under this Act out of the grants made to it and such sum shall be treated as the expenditure out of the grants. Preparation 19.(1) The Commission shall before such date as may be specified by the and State Government, in each year, prepare and forward to the State Government,— submission of programme of (i) a programme of work for the next year; work and (ii) an annual statement of accounts for the next year. annual statement of (2) The programme of its work shall contain,— accounts. (i) activities to be taken during the succeeding year; (ii) such other particulars as may be prescribed. (3) The annual statement of accounts shall contain a statement showing the receipt and expenditure on capital and revenue accounts for the next year. (4) The State Government may sanction the programme and the annual statement of accounts forwarded to it with such modification as it thinks fit. (5)The annual statement of accounts shall be prepared in such form as may be prescribed in consultation with the Accountant General of the State of Gujarat. Accounts and 20. (1) The Commission shall maintain proper accounts and other relevant audit. record in such manner as may be prescribed. (2) The accounts of the Commission shall be audited by the Accountant General of the State at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Commission to the Accountant-General. (3) The Accountant General and any person appointed by him for the purpose of the audit of the accounts of the Commission under this Act shall have the same right and the privileges and the authority for such audit as the 2002 : Guj. 12 ] The Gujarat State Commission for women Act, 2002. 7 Accountant-General generally has for such audit of the Government accounts and in particular, shall have the right to demand 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 the Accountant- General or any other person duly appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the State Government. 21. (1) Notwithstanding anything contained in section 20, the State Concurrent and special audit of Government may order that there shall be a concurrent audit of the accounts of accounts. the Commission by such person, as it thinks fit. The State Government may also direct a special audit to be made by such person, as it thinks fit, of the accounts of the Commission relating to any particular transaction or a class of series of transactions or to a particular period. (2) When an order is made under sub-section (1) the Commission shall present or cause to be presented for audit such accounts and shall furnish to the person appointed under sub-section (1) such information as the said person may require for the purpose of audit. 22. The Commission shall prepare, its annual report for each financial year Annual reports. giving a full account of its activities during the previous financial year in such form and at such time as may be prescribed and forward a copy thereof to the State Government. 23. The State Government shall cause,— Annual report and audit (1) the annual report together with a memorandum of action taken report to be laid on the recommendations contained therein, in so far as they relate to the before State Legislature. State Government and the reasons for non-acceptance, if any, of such recommendation, and (2) the audit report to be laid as soon as may be, after the reports are received, before the State Legislature. 24. The Chairperson, members, officers and other employees of the Chairperson, Commission shall be deemed, when acting or purporting to act in pursuance of members and staff of any of the provisions of this Act, to be public servants within the meaning of Commission XLV of 1860. section 21 of the Indian Penal Code. to be Public servants. 25. (1) The State Government may, by notification in the Official Gazette, Power to make rules for carrying out the provisions of this Act. make rules. (2) In particular, and without prejudice to the generality of the forgoing power, such rules may provide for all or any of the following matters, namely:— (a) salaries and allowances payable to, and other terms and conditions of services of, the Chairperson and members, officers and other employees under sub-section (2) of section 4; (b) allowances payable for attending the meeting of the ad hoc committee by the persons appointed under sub-section (1) of section 12; 8 The Gujarat State Commission for women Act, 2002. [2002 : Guj. 12 (c) particulars of programmes of the work of Commission to be submitted to the State Government under sub-section (2) of section 19; (d) the form in which the annual statement of accounts shall be maintained under sub-section (5) of section 19; (e) the maintenance of accounts and other relevant record under sub-section (1) of section 20; (f) any other matter which is to be or may be prescribed under this Act. (3) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be after they are made and shall be subject to rescission by the State Legislature or to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following. (4) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette, and shall thereupon take effect. Power to 26. (1) If any difficulty arises in giving effect to the provisions of this Act, remove the State Government may, by order published in the Official Gazette, make such difficulties. provision not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of five years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be, after it is made, be laid before the State Legislature. Power of State 27. The State Government may, if it thinks fit, give directions to the Government Commission for carrying out execution of any of the provisions of this Act and to give directions. the Commission shall be bound by such directions. Repeal and 28. (1) The Gujarat State Commission for Women Ordinance, 2001 is Guj. Ord. 10 savings. of 2001. hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act. ----------------- Government Central Press, Gandhinagar.