National Commission Act

An Act to constitute a National Commission for Women and to provide for matters connected therewith or incidental thereto.
Be it enacted by Parliament in the Forty-First Year of the Republic of India as follows:-

3. Constitution of the National Commission for women;-
   1. The Central Government shall constitute a body to be known as the National Commission for Women to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.
   2. The Commission shall consist of:-
      1. a chairperson, committed to the cause of women, to be nominated by the Central Government;
      2. five Members to be nominated by the Central Government from amongst persons of ability, integrity, and standing who have had experience in law or legislation, trade unionism, management of an industry or organisation committed to increasing the employment potential of women, women's voluntary organisations (including women activists), administration, economic development, health, education or social welfare:
         Provided that at least one Member each shall be from amongst persons belonging to the Scheduled Castes and Scheduled Tribes respectively:-
      3.  Member-Secretary to be nominated by the Central Government. Who shall be-
         1. an expert in the field of management, organisational structure or sociological movement, or
         2. an officer who is a member of a civil service of the Union or of all-India service or holds a civil post under the Union with appropriate experience.

(1) The Chairperson and Member shall hold office for such period, not exceeding three years, as may be specified by the Central Government in this behalf.
(2) The Chairperson or a Member (other than the Member-Secretary who is a member of a civil service of the Union or of an all-India service of holds a civil post under the Union) may, by writing and addressed to the Central Government, resign from the office of Chairperson or, as the case may be, of the Member at any time.
(3) The Central Government  shall remove a person from the office of Chairperson or a Member referred to in sub-section (2) if that person, -
(a) becomes an un-discharged insolvent;
(b) gets convicted and sentenced to imprisonment for an offence which in the opinion of the Central government involves moral turpitude;
(c) becomes of unsound mind and stands so declared by a competent court,
(d) refuses to act or becomes incapable of acting;
(e) is, without obtaining leave of absence from the Commission, absent from three consecutive meetings of the Commission; or
(f) in the opinion of the Central Government has so abused the position of Chairperson or Member as to render that person's continuance in office detrimental to the public interest.
Provided that no 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 and Members shall be such as may be prescribed.

1. Functions of the Commission.- (1) The Commission shall perform all or any of the following functions, namely:-
   (a) investigate and examine all matters relating to the safeguard provided for women under the Constitution and other laws;
   (b) present to the Central Government, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
   (c) make in such reports recommendations for the effective implementation of those safeguards for improving the conditions of women by the Union or any State;
   (d) review, from time to time, the existing provisions of the Constituting and other laws affecting women and recommend amendments thereto so as to suggest remedial legislative measures to meet any lacunae, inadequacies or shortcomings in such legislations;
   (e) take up the cases of violation of the provisions of the constitution and of other laws relating to women with the appropriate authorities;
   (f) look into complaints and take suo moto 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 objective 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 take up the issues arising out of such matters with appropriate authorities;
   (g) 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;
   (h) undertake promotional and educational research so as to suggest ways of ensuring due representation of women in all spheres and identify factors responsible for impeding their advancement, such as, lack of access to housing and basic services, inadequate support services and technologies for reducing drudgery and occupational health hazards and for increasing their productivity;
   (i) participate and advise on the planning process of socio-economic development of women;
   (j) evaluate the progress of the development of women under the Union and any State;
   (k) 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 take up with the concerned authorities for remedial action, of found necessary;
   (l) fund legislation involving issues affecting a large body of women;
   (m) make periodical reports to the Government on any matter pertaining to women various difficulties under which women toil;
   (n) any other matter which may be referred to it by Central Government.

   (2) The Central Government shall cause all the reports referred to in clause (b) of sub-section (1) laid before each House of Parliament along with a memorandum explaining the action taken or to be taken on the recommendations relating to the Union and the reasons for the non-acce if any, of any of such recommendations.
   (3) Where any such report or any part thereof relates to any matter with which any State Government concerned, the Commission shall forward a copy of such report or part to such State Government shall cause it to be laid before the Legislature of the State along with a memorandum explaining action taken or proposed to be taken on the recommendations relating to the State and there for the non-acceptance, if any, of any of such recommendations.
   (4) The commission shall, while investigating any matter referred to in clause (a) or sub-clause (I) of (f) of sub-section (1), have all the powers of a civil court trying a suit and, in particular inters the following matters, namely:-
   (a) summoning and enforcing the attendance of any person from any part of India and examining 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 court or office;
   (e) issuing commissions for the examination of witnesses and documents; and
   (f) any other matter which may be prescribed..

   CHAPTER IV
   FINANCE, ACCOUNTS AND AUDIT

2. Grants by the Central Government.- (1) The Central government shall, after due appropriation Parliament by law in this behalf, pay to the Commission by way of grants such sums of money Central Government may think fit for being utilised for the purposes of this Act.
   (2) The Commission may spend such sums as it thinks fit for performing the functions under this Act such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1).

3. Accounts and Audit.- (1) The Commission shall maintain proper accounts and other relevant record prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.
   (2) the accounts of the Commission shall be audited by the comptroller and Auditor-General at intervals as may be specified by him and any expenditure incurred in connection with such audit be payable by the Commission to the Comptroller and Auditor-General.
   (3)The Comptroller and Auditor-General and any person appointed by him in connection with the accounts of the Commission under this Act shall have the same rights and privileges an authority in connection with such audit as the Comptroller and Auditor-General generally connation with the audit of Government accounts and, in particulate, shall have the right to do the production of books, accounts, connected vouchers and other documents and papers and to if any of the offices of the Commission.
   (4) The accounts of the Commission, as certified by the Comptroller and Auditor-General or any other appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the Central Government by the Commission.
   Annual report.- 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 Central Government.
   Annual report and audit report to be laid before Parliament.- The Central Government shall cause the annual report together with a memorandum of action taken on the recommendations contained therein, in so far as they relate to the Central 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 each House of Parliament.