ACT 27 OF 2007

THE KERALA WOMEN'S COMMISSION (AMENDMENT)

 ACT, 2007

                                                   

An Act further to amend the Kerala Women's Commission Act, 1991.

          Preamble.-  WHEREAS, it is expedient further to amend the Kerala Women's Commission Act, 1991 (17 of 1995) for the purposes hereinafter appearing;  

          BE it enacted in the Fifty-eighth Year of the Republic  of India as follows:-

             1.  Short title and commencement.-     (1) This Act may be called the Kerala Women's Commission (Amendment)  Act, 2007.

                      (2)  It shall  be deemed to have come into force  on the 24th day of January, 2007.

             2.  Amendment of section 2.-  In section 2 of the Kerala Women's Commission Act, 1991 (17 of 1995) (hereinafter referred to as the  principal Act),  after clause (h), the following clause shall be inserted, namely:-

                    "(ha) "Secretary" means the Member Secretary of the Commission appointed under sub-section (1) of section 12;".

            3.  Amendment of section 5.- (1) For sub-sections (1) and (2) of section 5 of the principal Act, the following sub-sections shall be substituted, namely:-

                   "(1) For the purposes of this Act the Government shall, by notification in the Gazette, constitute a Commission to be known as 'the Kerala Women's Commission', consisting of the following members, namely:-

                    (a) a Chairperson,  who is committed to the cause of women, with sufficient knowledge and experience in dealing  with women's problems;

                    (b)  not more than four other members,  of whom one shall be a person belonging to a Scheduled Caste or a Scheduled Tribe;

                   (c) the Secretary of the Commission

                (2)  The members appointed by the Government  under clauses (a) and (b) shall be women.".

          4. Amendment of section 6.-  In section 6 of  the principal Act,-

                  (i)  in sub-section (1), after the  words "Every member",  the words  "other than the Secretary"  shall be inserted;

                  (ii)  in sub-section (2), in the opening portion, after the words "a member", the words and punctuation "other than the Secretary," shall be inserted;

                  (iii)  in sub-section (4), after the opening words "The members", the words and punctuation "other than the Secretary," shall be inserted.

          5. Amendment of section 7.-    In section 7 of the principal Act, for the word "two", the word "four" shall be substituted.

           6.  Amendment of section 11.-  In section 11 of the  principal Act,-

                  (i)  the existing section may be numbered as sub-section (1) of that section and in sub-section (1) as so numbered, after the opening words "Any member", the words and punctuation  "other than the Secretary," shall be inserted;

                 (ii) after sub-section (1) as so numbered, the following sub-section shall be inserted, namely:-

               "(2) The Secretary shall hold office during the pleasure of the Government.".

         7.  Amendment of section 12.-  In section 12 of the principal Act,- 

                (i) in sub-section (1),  for the opening sentence, the following sentences shall be substituted, namely:- 

              "The Government may appoint a Member Secretary to the  Commission, who shall be the Chief Executive Officer of the Commission. The Government may also appoint  a Director, in consultation with the Commission, for making investigation for the purposes of this Act. 

The Member Secretary and the Director shall  carry out such directions issued  by the Commission, besides exercising the functions conferred on them by this Act.";

               (ii)  in sub-section (2), after the words "conditions of service of", the words " the Secretary and " shall be inserted.

         8.  Amendment of section 13.-  In section 13 of the principal Act, for the  words "or in respect of  the Director", the words "or in respect of the Secretary, the Director" shall be substituted.

         9.  Amendment of section 21.-  In section 21  of the principal Act,  for the words "signature of the Director", the words "signature of the Secretary"  shall be substituted.

        10.  Amendment of section 28.-  In section 28 of the principal Act, in clause (a), for the words "conditions of service of the Director", the words "conditions of service of the Secretary, the Director" shall be substituted.

        11.  Special provision relating to the existing Commission.-  (1) Notwithstanding anything contained in the principal Act, or in any other law or in any judgment, decree or order of any court, on and from the date of commencement of this Act, the Chairperson and members of the existing Commission constituted under the provisions of the principal Act shall, by  virtue of this Act, be deemed to have vacated their offices as such.

                 (2)  The Chairperson and members of the Commission who have ceased to hold  office, by virtue of this Act, shall be entitled to honorarium and allowances only for the period for which they had held the  office of the Chairperson or member of the Commission, as the case may be, and they shall not be entitled  to honorarium and allowances  or other benefits for the remaining period of their tenure, if any.

                (3)  All investigations, inquiries or other proceedings pending before the Commission  on the date of commencement of this Act and which have not been disposed of, shall stand transferred to, and be continued by the Commission constituted  under the principal Act, as amended by this Act, as if they were commenced before it.

         12.  Repeal and Saving.- (1) The  Kerala Women's Commission (Amendment) Ordinance, 2007 (42 of 2007) is hereby repealed.

               (2)  Notwithstanding such repeal, anything done or deemed to have been done or any action taken or deemed to have been taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act.