West Bengal Commission For Women Act, 1992
No: 12 Dated: Jul, 29 1992
THE WEST BENGAL COMMISSION FOR WOMEN ACT, 1992
West Bengal Act XII of 1992
An Act to provide for the constitution of a State level Commission for women and for matters connected therewith or incidental thereto.
Whereas it is expedient to provide for the constitution of a State level Commission for women and for matters connected therewith or incidental thereto;
It is hereby enacted as follows:-
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the West Bengal Commission for Women Act, 1992.
(2) It extends to the whole of West Bengal.
(3) It shall come into force on such date as the State Government may by notification appoint.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "Commission" means the West Bengal Commission for Women constituted under section 3;
(b) "Member" means Member of the Commission and includes the Member-Secretary;
(c) "National Commission for Women" means the National Commission for Women constituted under section 3 of the National Commission for Women Act, 1990;
(d) "notification" means a notification published in the Official Gazette-,
(e) "prescribed" means prescribed by rules made under this Act;
(f) "Women" includes adolescent girl or female child.
CHAPTER II
Constitution of Commission
3. Constitution of Commission. - (1) The State Government shall, within a period of three months from the date of coming into force of this Act, by notification constitute a body to be known as the West Bengal Commission for Women.
(2) The Commission shall consist of-
(a) (i) a Chairperson, and
(ii) a Vice-Chairperson,
to be nominated by the State Government;
(b) nine Members to be appointed by the State Government from amongst the persons of ability and integrity who have served the cause of women or have had experience in law or administration of matters concerning the advancement of women or leadership of any trade union or voluntary organisation for women for protection and promotion of common interests of women, of whom at least-
(i) one shall be a member of a Scheduled Caste, and
(ii) one shall be a member of a Scheduled Tribe;
(c) an officer of the State Government who shall be the Member-Secretary.
4. Term of office and conditions of service of Chairperson, Vice-Chairperson and Member. - (1) The Chairperson or the Vice-Chairperson or a Member, other than the Member-Secretary, shall hold office for such period, not exceeding three years, as may be specified by the State Government in this behalf.
(2) The Chairperson or the Vice-Chairperson or a Member, other than the Member-Secretary, may at any time resign his office by writing under his hand addressed to the State Government.
(3) The State Government shall remove a person from the office of Chairperson or Vice-Chairperson or Member, other than the Member-Secretary, if that person-
(a) becomes an undischarged insolvent; or
(b) gets convicted and sentenced to imprisonment for an offence which, in the opinion of the State Government, involves moral turpitude; or
(c) becomes of unsound mind and stands so declared by a competent court; or
(d) refuses to act or becomes incapable of acting; or
(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 State Government has so abused the position of Chairperson or Vice-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 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) or otherwise shall be filled by a fresh nomination or appointment, as the case may be.
(5) The salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson, Vice-Chairperson and Members, other than the Member-Secretary, shall be such as may be prescribed.
5. Officers and other employees of Commission. - (1) The State Government shall provide the Commission with such officers and other 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.
6. Salaries and allowances to be paid out of grant made by State Government. - The salaries and allowances payable to the Chairperson, Vice-Chairperson and Members, other than the Member-Secretary, 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 grant made by the State Government.
7. Vacancies etc. not to invalidate proceedings of Commission. - No act or proceeding of the Commission or any committee thereof shall be called in question on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Commission or such committee, as the case may be.
8. Committees of Commission. - The Commission may appoint such committee or committees consisting wholly of Members as it may consider necessary in the discharge of its functions under this Act.
9. Procedure to be regulated by Commission. - (1) The Commission or a committee thereof shall meet as and when necessary and shall meet at such time and at such place as the Chairperson may think fit.
(2) The Commission shall regulate its own procedure and the procedure of the committees thereof.
(3) All orders and decisions of the Commission shall be authenticated by the signature of the Chairperson or Vice-Chairperson or any officer of the Commission authorised in writing by the Chairperson or Vice-Chairperson in this behalf.
10. Power to invite representative of National Commission for Women. - The Commission shall have the power to invite a representative of the National Commission for Women to its meetings as it may deem necessary.