Bihar State Commission for Women Act, 1999
No: 6 Dated: Jan, 01 1999
Bihar State Commission for Women Act, 1999
Bihar Act 6 of 1999
To Constitute A State of Commission For Women And To Provide for Matters connected Therewith or Incidental Thereto.
Be it enacted by the Bihar State Legislature in the fiftieth year of the Republic of India as follows:
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Bihar State Commission for Women Act, 1999.
(2) It extends to the whole of State of Bihar.
(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 Bihar State Commission for Women constituted under Section 3;
(b) "Members" means a Member of the Commission and includes the member-secretary;
(c) "Prescribed" means prescribed by rules made under this Act.
CHAPTER II
The Bihar State Commission For Women
3. Constitution of the Bihar State Commission for Women. - (1) The Bihar State Government shall constitute a body to be known as the Bihar State Commission for Women to exercise the powers conferred on, and to perform the functions assigned to it, under this Act. Chairperson and other non-official members of the Commission shall be women only.
(2) The Commission shall consist of-
(a) A Chairperson, committed to the cause of women, to be nominated by the State Government;
(b) Besides, seven non-official women members to be nominated as follows by the State Government from amongst persons of ability, integrity and standing;
(i) Of 7 non-official members, one belonging to Scheduled Castes, one to Scheduled Tribes, one to Minority and one to Backward classes, and who have sufficient experience of social service.
(ii) One who have had experience in law or legislation,
(iii) One who have experience in N.G.Os., Trade Union Management of an Industry or Organisation committed to increasing employment potential of women;
(iv) One with experience to social welfare or administration or health or education.
(c) One official member to be a representative of Welfare Department;
(d) One official member to be representative of Home (Special) Department;
(e) Managing Director of the Bihar State Women Development Corporation, Patna would be ex officio Member-Secretary of the Commission.
4. Terms of office and conditions of service of Chairperson and Members. - (1) The Chairperson and every Member shall hold office for such period, not exceeding three years, as may be specified by the State Government in this behalf in the notification.
(2) The Chairperson or any non-official member may, in writing and addressed to the Government, resign from her office. In case the Chairperson or other nonofficial member-
(a) becomes an undischarged insolvent;
(b) gets convicted and sentenced to imprisonment for an offence involving moral turpitude;
(c) becomes of unsound mind and stands so declared by a competent court;
(d) refused to act or becomes incapable of acting;
(e) without obtaining leave of absence from the Commission, absent from three consecutive meetings of the Commission; or
(f) In the opinion of the State Government abuses the position of Chairperson or Member as to render that person's continuance in office detrimental to the public interest; she could be removed by the State Government from her office.
(g) A vacancy caused under sub-section (2) or otherwise shall be filled by fresh nomination
5. Facilities of Chairperson and non-official members of the Commission. - The post of Chairperson and members of the Bihar State Commission for Women, shall be purely honorary and voluntary. However, TADA at the rates prescribed by the State Government would be payable to the Chairperson and Members for work related to the Commission.
6. The officers and other employees of the Commission. - (1) The State Government shall provide the Commission with such officers and employees as may be necessary for the efficient performance of the 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 appointed for the purpose of the Commission shall be such as may be prescribed by the State Government.
7. Salaries and allowances to be paid out of grants. - The allowances, etc. payable to the Chairperson 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.
8. Vacancies etc. not to invalidate proceedings of the Commission. - No act or proceeding 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 of the Commission.
9. Constitution of the committees by the Commission. - (1) The committees may be constituted by the Commission as may be necessary from time to time for dealing with special cases.
(2) The Commission shall have the power to co-opt as members of any committee constituted under sub-section (1) such 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.
9A. Procedure to be regulated by the Commission. - (1) The time, place and date of the meeting of the Commission or a Committee thereof shall be fixed by the Commission or the Chairperson of the Committee concerned.
(2) The Commission shall regulate its own procedure and the procedure of all Committees thereof.
(3) All orders and decisions of the Commission shall be authenticated by the Member-Secretary or any other officer of the Commission duly authorised by the Member-Secretary in this behalf.