The Manipur State Commission for Women Act, 2006

No.2/21/2005-Leg/L

GOVERNMENT OF MANIPU'R

SECRETARIAT : LAW & LEGISLATIVE AFFAIRS

DEPARTMENT

NOTIFICATION

Imphal, the 1 la; July, 2006

.‘

_ The following Act of the Legislature, Manipur which received assent of the
PreSIdent of India on 23-6-2006 is hereby published in the Manipur Gazette.

THE MANIPUR STATE COMMISSION FORWOMEN ACT. 2006
(Manipur ActNo.13 of 2006)

An
Act

to constitute a State Commission for Women and to provide for matters connected

therewith or incidental thereto.

Be it enacted by the Legislature ofManipur in the Fifiy-seventh Year ofthe

Republic ofIndia as follows:-

Chapter— I

Preliminary

l. . Short title, extent and commencement : -

(1) This Act may be called the Manipur State Commission for

Women Act, 2006.

(2) It extends to the whole ofthe State ofManipur.

(3) It shall come into force on such date as the State Government

may, by notification in the official Gazette, appoint.

2. Definitions :- In this Act, unless the context otherwise requires:-

(a) "Commission" means the Manipur Commission for

Women constituted under section 3',

(b) "Member" means a Member of the Commission

including the Member-Secretary;

(c) "prescribed" means prescribed by rules made under

this Act;

(d) "State Govemment" means the Government of

Manipur.



Chapter— 11

Constitution ofCommission

3. Constitution of State Commission for Women: -

(1)

(2)

The State Govemment shall constitute a body to be known as the

Manipur Commission for Women to exercise the powers conferred

on it and to perfonn the functions assigned to it under this Act.

The Commission shall consist of—

(a) a Chairperson who is committed to the cause of women,

to be nominated by the State Government;

(b) 3 (three) Members to be nominated by the State

Government from amongst eminent persons having

experience in social works, administration, law, or the

cause of women, of whom at least one shall be fiom

amongst the Scheduled Tribes or Scheduled Castes;

(c) a Member-Secretary to be appointed by the State

Government fi'om amongst suitable Government Officer

or person experienced in administration.

4. Terms of oflice and condition ofservice ofChairperson and Members:-

(1)

(2)

(3)

The Chairperson and every Member shall hold office for such

period, not exceeding three years asmay be specified by the State

Governmentin this behalf. '

The Chairperson or a Member (other than the Member-Secretary)

may, in writing and addressed to the State Government, resign from

the office ofthe Chairperson or ofthe Member, as the case may be,

at any time.

The State Government shall remove a person from the office of

Chairpeison or a Member referred to in sub-section (2) if that

person:-

(a) becomes an undischarged insolvent, or



' (b) gets convicted and sentenced to imbrisonment for an
offence involving moral turpitude, or

(c) becomes of unsound mind and stands so declared by a

competent court, or

(d) refiises to act or become incapable ofacting or

(e) is, without obtaining leave of absence from the

Commission, absent from three consecutive meetings of

the Commission, or

(f) if, in the opinion ofthe State Government, has abused the '

position of Chairperson or Member, as the case may be,

so as to render that person's continuing in office

detximemal to the public interest:

; Provided that no person shall be removed under this sub—

section until that person has been given a reasonable opportunity of

being heard in the matter. ’

(4) A vacancy caused under sub-section (2) and (3) or otherwise shall

be filled by fresh nomination by the State Government.

(5) The salaries and allowances payable to and other tenns and

conditions ofservice ofChairpersons and Members shall be as may

be prescribed I

5. ’ Officers and employees ofCommission: -

(1) The State Government shall provide the Commission with such

Offices and employees as may be necessary for the efficient

performance ofthe functions ofthe Commission under this Act.

(2) The salaries and allowances payable to, and the other terms and

conditions ofservice, ofthe officers and other employees appointed

for the purpose of the Commission shall be such as may be

prescribed.



6. Salaries and allowances to be paid by the State Government:-

The salaries and allowances payable to the Chairperson and the

Members and the administrative expenses, including salaries and

allowances payable to or in respect of the officers and other

employees ofthe Commission shall be paid out of grant by the State

Govemment.

7. Vacancies, etc. not to invalidate proceedings ofCommission: -

No act or proceedings of the Commission shall be questioned or

shall be invalid on the ground merely of the existence of any

vacancy or defect in the constitution ofthe Commission.

8. Procedures to be regulated by Commission: -

(l) The Commission shall meet at such time and place as the

Chairperson may think fit.

(2) The Commission shall regulate its own procedure.

(3) All orders and decisions of the Commission shall be authenticated

by the Chairperson or any member or the Member-Secretaxy of the

Commission duly authorized by the Chairperson in this behalf.

9. Committees ofthe Commission: —

(1) 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 powers 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 ofthe Committee and take part in its proceedings but shall

not have the right to vote.



(3) The person so co-Opted shall be entitled to receive such allowances for
attending the meetings ofthe Committee as may be prescribed.

Chapter- III

Functions ofthe Commission

10. Functions ofthe Commission :—

(1) Subject to the provision ofthis Act, the Commission shall perform all
or any ofthe following fimctionsr

a)

(b)

(C)

(d)

investigate and examine all matters relating to the safeguard
provided for women under the Constitution of India (hereinafter
referred to as the Constitution) and other laws and recommend
steps to be taken by the State Government for effective
implementation ofsuch safeguards;

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 service and technologies for
reducing drudgery and occupational health hazards and for
increasing their productivity;

take up cases of violation of the provisions of the Constitution
and other laws relating to women in the State with the
appropriate authonties;

look into complaints and take suo moto notice of matters
relating to :-

(i) deprivation ofwomen's rights;

(ii) non-implementation of laws enacted to provide
protection and also to achieve the objectives of
equality and development ofwomen;



(iii) non-compliance of policy decisions, guidelines,
instructions aimed at mitigating hardship and
ensuring welfare and providing reliefto women and
to take up issues arising out of such matters with
appropriate authorities;

(e) call for special studies or investigation into specific problems
or situation arising out of discrimination and atrocities against
women and identify the constraints so as to recommend
strategies for their removal;

(f) evaluate the progress of the welfare and development of

women inthe state;

(g) inspect or cause to be inspected jails, remand homes, women's
institutions or other places of custody where women are kept as
prisoners or otherwise and take up with the authorities
concerned for remedial action, if found necessary;

(h) make periodical reports to the Government on any matter
pertaining to women and in particular various difficulties under
which women toil;

(i) any other matter which may be referred to it by the State
Government;

(j) funding of litigation involving issues affecting a large) body of
women;

(k) participate and advise on the planning process of socio-
economic development ofwomen.

(2) The Commission shall, while investigating any matter referred to in sub-
clauses (a) and (d) of sub-section (1), 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, namely:-

(a) summoning and enforcing the attendance of any person from
any part of India and examining him on oath;

(b) requiring the discovery and production ofany document;

(c) receiving evidence on affidavits;



(d) any other matters which may be prescribegi.

11. Reports ofthe Commksion :-

(1)

(2)

The Commission shall prepare and present to the State Government
an annual report for each financial year and report at such other
times as the Commission may deem fit, of its activities together with
its recommendations, and the State Government shall cause them to
be laid before State Legislature as soon as possible along with a
Memorandum explaining the action taken or proposed to be taken on
the recommendations and the reasons for nonvacceptance, if any, of
such recommendations.

It shall be duty of the Commission to fiJmish comments and
recommendations on any report of the National Commission for
Women or any matters with which the State Government is
concerned as the State Government may call for.

Chapter— IV

Finance, Accounts and Audit

12. Grant by State Govemmentz-

(1)

(2)

The State Government shall, under appropriation made by the State
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 utilized for the purposes of this
Act

The Commission may spend such sums of money as it thinks fit for
performing fimctions under this Act, and such sums of money shall

, be treated as expenditure payable out ofthe grant referred to in sub-
section ( l).



13. Accounts and Audit:-

(1)

(2)

(3)

(4)

The Commission shall maintain proper accounts and other relevant

records and prepare an annual statement of accounts in such forms as

may be prescribed by the State Government in consultation with the

Accountant General, Manipur.

The annual accounts of the Commission shall be audited by the

Accountant General, Manipur.

The Accountant General, Manipur shall have the same right and

privilege and authority in connection with such audit as Accountant

General, Manipur 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 offices of the

Commission.

The accounts of the Commission as certified by the Accountant

General, Manipur together with the Audit Report thereon shall be

forwarded annually to the State Government by the Commission.

Chapter— V

Miscellaneous

14. Chairperson, etc. to be public servants:-

The Chairperson, the Members, Officers and other employees

ofthe Commission shall be deemed to be public servants within the

meaning of section 21 ofthe Indian Penal Code.

15. Powers of State Government to make rules:-

(1) The State Government may, by notification, 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 of the following
matters, namely:-

(a) salaries and allowances payable to and the terms and the
conditions of service of the Chairperson and the Members
under sub-section (5) of section 4 and all ofi'icers 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) of section 13;

(c) the form in which and the time at which, the annual report
shall be prepared under section 11.

(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 14 days which may be comprised in one session or in
two Or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions
aforesaid, the State Legislature agrees in making any modification in
the rules or State Legislature agrees that the rule should not be made,
the rules shall thereafter have effect only in such modified form or
be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity
ofanything previously done under that rule.

1 'fi [9.19%
(ASukumar iSmgh) L

Secretary (Law) to the 6)
Government of Manipur

Copy to : .

1. The Secretary to the Governor of Manipur, Raj Bhavan,.lmphal.
2. The Secretary to Chief Minister, Manipur. '
3. PS; to Minister (Law), Manipur.
4. PS. to Chief Secretary, Govt. ot‘Manipur.
5. The Commissioner (SW), Govt. of Manipur.
6. The Secretary, Manipur Legislative Assembly, Imphal.
7. ShriY.K.Baweja_. Deputy Secretary to the Govtoflndia, Ministry of

Home Affairs, New Delhi w.r.to his letter No. l 7/1Sz’ZtIJO6-Iudl.&P.P.
Dt.28-6-2006.

8. The Director, Printing 8; Stationery, Manipur for favour of‘publication in
the Manipur Gazette Extra Ordinary dated 1 1-72006. He is requested
kindly to send 20 copies of the publication to the Law 8.: Legislative
Affairs Department.

9. Guard File.