Tamil Nadu State Commission for Women Act, 2008
No: 31 Dated: May, 26 2008
Tamil Nadu State Commission for Women Act, 2008
(Act 31 of 2008)
An Act to constitute a Commission for Women in the State of Tamil Nadu and to provide for matters connected therewith or incidental thereto.
Be it enacted by the Legislative Assembly of the State of Tamil nadu in the Fifty-ninth Year of the Republic of India as follows:-
CHAPTER -1
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Tamil Nadu State Commission for Women Act, 2008.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall come into force on such date as the Government may, by notification, appoint.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "Commission" means the Tamil Nadu State Commission for Women constituted under section 3;
(b) "Government" means the State Government;
(c) "member" means a member of the Commission and Includes the Chairperson and the Member-Secretary;
(d) "person" includes a firm, company, corporation or any public undertaking, association of persons, or the Government and its agencies including agencies receiving aid from the Government;
(e) "prescribed" means prescribed by rules;
(f) "Woman" denotes a female human being of any age.
CHAPTER-II
The Tamil Nadu State Commission For Women
3. Constitution of Commission. - (1) The Government shall, by notification, constitute a body to be known as the Tamil Nadu State 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-
(a) a Chairperson, who shall be an eminent woman committed to the cause of women to be nominated by the Government;
(b) five members to be nominated by the Government from amongst persons of ability and integrity, who have served the cause of women or have had sufficient knowledge and experience of law and legislation, administration of matters concerning advancement of women or voluntary organization for women, or who have sufficient experience in working in the field of economic development, health or education of women:
Provided that not less than three of the nominated members shall be women:
Provided further that at least one member shall be from amongst persons belonging to the Scheduled Castes and one member shall be from among persons belonging to the Scheduled Tribes;
(c) two members to be nominated by the Government from among the members of the Tamil Nadu Legislative Assembly:
Provided that a member of the Tamil Nadu Legislative Assembly shall cease to be a member of the Commission from the date on which he ceases to be a member of the Tamil Nadu Legislative Assembly;
Provided that a member of the Tamil Nadu Legislative Assembly shall cease to be a member of the Commission from the dale on which he ceases to be a member of the Tamil Nadu Leglslatlve Assembly,
(d) The Secretary to Government in-charge of Social Welfare and Nutritious Meal Programme Department to be an Ex-Officio member;
(e) a Member-Secretary to be appointed by the Government, who shall be an officer of the All India Service, not lower in rank than that of a Joint Secretary to Government.
4. Term of Office and conditions of service of Chairperson and Members. - (1) The Chairperson and every member shall hold office for such period, exceeding three years, as may be specified by the Government in this behalf.
(2) The honorarium and allowances payable to, and the other terms and conditions of service of, the Chairperson and members shall be such as may be prescribed.
(3) The Chairperson or a member may, at any time, by writing and addressed to the Government, resign from the office of Chairperson or as the case may be, from the office of the member.
(4) Notwithstanding anything contained in sub-section (1), the Government shall remove a person from the office of Chairperson or any member if that person-
(a) becomes an undischarged insolvent;
(b) is convicted and sentenced to imprisonment for an offence which, in the opinion of the 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 Government, has so abused the position of Chairperson or member, as the cast may be, as to render that person's continuance in office is detrimental to the public interest:
Provided that no person shall be removed from office under this sub-section until that person has been given a reasonable opportunity of being heard in the matter.
(5) A vacancy caused under sub-section (3) or (4) or otherwise shall be filled by fresh nomination by the Government and the person so nominated shall hold office for the remainder of the term of office of the person in whose vacancy such person has been nominated would have held office, if the vacancy had not occurred.
Provided that if a vacancy of a member, other than that of the Chairperson, occurs within six months ^receding the date on which the term of office of the Member expires, such vacancy shall not be filled in.
Explanation. - For the purpose of this section, "member" does not include 'Member- Secretary" and an Ex-Officio member.
5. No act or proceeding of the Commission shall be questioned or shall be invalid on the ground merely of the existence of any vacancy in, or defect in the constitution of the Commission, or any defect in the nomination of a person acting as the Chairperson or a member or any irregularity in the procedure of the Commission, including in issuing of notice for holding of a meeting, not affecting merits of the matter.
6. Officers and other employees of the Commission. - (1) The 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 of the Commission shall be such as may be prescribed.
(3) The officers and employees referred to in sub-section (f) shall be under the administrative control of the Chairperson.