The Nagaland Women Commission Act, 2006

The Nagaland Women Commission Act, 2006 (Act No. 6 of 2006). Received the assent of the Governor of Nagaland on 28/10/2006 and published in the Nagaland Gazette Extraordinq dated: 30' oMovember, 2006. AnAct to constitute a Women Commission in the State ofNagaland and to provide for matters connected therewith or incidental thereto. Be it enacted by theNagaland Legislative Assembly in the fifty seventh year of the Republic of India as follows: Short title, extent and commencement. 1 . (1) This Act may be called the Nagaland Women Commission Act, 2006. (2) It extends to whole ofNagaland. (3) It shall come into force at once. Defmitions: 2. In this Act, unless the context otherwise requires,- (1) "Chairwomen"means the Chairperson of the Commission; (2) "Commission" means the Nagaland hurl ten Commission constituted under this Act; (3) "Member" means the other Member of the Commission; (4) "Member-Secretay'' means a member of the Commission so designated by the State Government; (5) 'Wo~cation"meansNo~cation of the Government ofNagalandpublished in the Official gazette; (6) "Official Gazette"meansthe Official Gazette ofthe Government ofNagaland; (7) "Rules" means rules ftamed by the Government omagaland under this Act; (8) "State Govemment"means Government ofNagaland; and (9) "Women" or "Women" means all female persons regardless of age and biological stage Constitution of the Commission 3. (1) The State Government shall,within aperiod ofthree months ftomthe date of commencement ofthis Act, constitute, by notification, a body to be known as theNagaland Women Commission to perform the functions assigned, and to exercise powers conferred upon it, under this Act. (2) The Commission shall consist of a Chairwoman and two womenmembers to benominated by the State Government, who shall be persons of eminence with suff~cient knowledge and experience in women related issues. - (3) One of the senior Members, and, if both are equally senior, one of them at the discretion of the StateGovernment, shall be desienated as the Member- * Secretaty of the Commission. Conditions of service of Chairwoman, member and Member-Secretary 4. (1) The Chairwoman, the other Member and Member-Secretary of the Commission shall hold office for three years from the date of their appointment by noti6cationinthe official gazette. (2) The Chairwoman, the other Member and Member-Secretary may resign their offices on their own accord at any time by tenderingthe resignation to the State Government and their resignation will be effective fiom the date of notification inthe official gazette. (3) Ona complaint made by any person. the Chairwoman or the other Member or the Member-Secretary shall be removed h m office, if she,- (a) Becomes undischarged insolvent; (b) is convicted and sentenced to imprisonment for an offence which in the opinion of the State 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 fiomthe State Government, absent -6rom three consecutive meetings ofthe Commission; or (9 has abused the office, in the opinion of the State Government, so as to render herumfit to hold the office any W e r : Provided no person shall be removed from office until an inquiry, as per rules to be made by the State Govenunent, has been held and concluded within three months from the date of receipt of a complaint seeking her removal. (4) Any vacancy in the offices of the Chairwoman or the other Member or the Member-Secretaty shall be filled within three months of the occurrence of the vacancy. (5) The remuneration and other facilities that may be provided to the Chairwoman, the other Member and Member-Secretary of the Commission shall be as prescribed by rules to be made by the State Government. (6) Allother matters relating to their conditions of service shall be as prescribed by rules to be made by the State Government. Functions of the Commission 5. (1) The Commission shall,- (a) Study, research and cod i i the customary law relating to Naga women, family Mtutions, social security fo lwomenandchi l~ tribe-wise, district- wise and on other basis that may be considered necessary, for protecting family institutions from breaking up and for protecting against children particularly girl children h m being rendered as orphans, (b) Study, research and report on the advisability of reorienting some of the customary laws and practices into legislative enactments; (c) Study, reresearchand report on d Acts of Parliament including Civil Procedure Code, Criminal Procedure Code and Indian Penal Code etc., regardii their applicabiity or otherwise to Naga women, for enabling the gal and Legislative Assembly to take appropriate actionunder article 371-A(1) (a) ofthe Constitution of India; (d) Study, research and report on all Acts ofNagaland Legislative Assembly that affect women so as to plug loopholes and for more effective implementation; (e) Study, research and report on the advisab'ility of including specific provisions inthe Constitution of India for M e r protecting the interests of women in Nagaland, both in general and special ways; (f) To formulate the draft of the Nagaland Women Empowerment Policy with the WomenDevelopment Department. (g) Formulate alternatives policies for the socio-economic and educational advancement of women in Nagaland for consideration of the State Government; ) Study, research and report on the conditions of women, in general, in Nagaland; (i) Study, researchand report on the conditions ofwomen inprivate and public work places inNagaland; (j) Study and report on the conditions of women in Jails, remand homes and other places of custody to ameliorate their conditions against atrocities and human rights violations; (k) Receive complaints relating to the status, conditions and affairs of women from individuals and bodies, investigate them and report to the State Government; and f)) Perform all other functions which are connected with or incidental to functions enumerated above. (2) It shall be the duty of the Commission to make special study, research, investigation and inquiry into matters or questions affecting the welfare and empowerment of women in Nagaland that are referred by the State Government to the Commission. Powers of the Commission 6. (1) While performing functions under section 5 of this Act, involving investigation and inquiry, the Commission shall have the power of a Civil Court trying a suit and, in particular, in respect of the following matters: (a) Summoning and enforcing the attendance of any person from any part of India examining him 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. 2. The commission may, for the purpose of conducting investigations and under this Act, utilize the service of any officer of the State Government with its prior approval. - - 3. The other procedural details in regard to conduct of investigations and inquiries under this Act shall, as far as possible, be as same as the procedure followed by a Civil Court and may also, if found necessary, further be prescribed by rules to be made by the State Government. Procedure at the meeting of Commission 7 (1 ) The commission shall meet at the time and place the Chairwoman, in consultation with other member and Member-Secretary, decides. (2) Notice for meeting shall be issued by the Member-Secretary to all concerned at least seven days in advance, expect in the case of emergency meeting which may be called at shorter notice. (3) Decisions at the meeting shall be by majority. (4) The other details of procedure that may be followed by the Commission shall be such as may be prescribed by rules to be made by the State Government Vacancies etc, not to invalidate proceeding of commission 8. 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 inthe constitution of Commission. State Government to consult Commission 9. The State Government shall consult the commission before formulating major polices and while drafting legislation affecting women in Nagaland and such consultations shall have persuasive value. Secretariat 10. (1) The State Government shall provide the Commission with such officers and employees as may be necessary, to form its Secretariat to assist the Commission in its efficient performance of the functions assigned and to exercise its powers conferred upon it under this Act. - (2) The remuneration and other facilities to be provided to the officers and employees of the Secretariat of the Commission and their other terms A - and conditions shall be such as may be prescribed in rules to be made by the State Government. (3) The officers and employees of the Secretariat ofthe Commission shall be under the direct control and superintendence of the Member- Secretary. Chairwomen, Members etc., to be public servants 11. The Chairwomen, members, Member-Secretary and other employees ofthe Commission shall be deemed to be public servants within the meaning of section 2 1 of the Indian Penal Code. Expenditure on the Commission and its Secretariat 12. The expenditure on the Commissionand its Secretariat shall be defrayed out of grants paid to the Commission by the State Govemment Grants by State Government 1 3. The State Government shall, after due appropriation by law, pay to the Commission by way of grants such sums of money as the State Government may think fit, after considering the proposals for requirement of money from the Commission, for being utilized for the purposes of this Act. Accounts and audit 14. (1) The Commission shall maintain records of expenditure and other accounts in the requisite formats. (2) The accounts of the Commission shall be audited by the Comptroller and Auditor General through his representatives in Nagaland. (3) The audit reports of the Commission shall fiompart of the annual audit report of the Comptroller and Auditor General on the accounts of the Government ofNagaland. Annual Report 15. (1) The Commission shall prepare for every financial year a detailed account of its activities in the form of an Annual Rewrt for being laid before theNagaland A - - Legislative Assembly at the earliest opporhmity. (2) If the report contains any recommendation for action by the State Government, the State Government shall, within sixmonthshm the date of laying of the Annual Report of the Commission before the Nagaland Legislative Assembly, prepare an Action Taken Report on the recommendation of the Commission and lay the same before the Nagaland legislative Assembly at the earliest opportunity. Power to make rules 16. (1) Wherever, in this Act, power has been delegated to the State Government for making rules, such rules shall be made by the State Government in consultation with the Commission (2) Every rule so made shall be notified in the Official Gazette. (3) AU rules made under this Act by the State Government shall be laid before theNagaland Legislative Assembly at the earliest opportunity.