(1) The Commission shall perform all or any of the following
functions, namely :-
(a) investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws ;
(b) present to the State Government, annually and at such other time, as the Commission may deem fit, reports upon the working of those safeguards ;
(c) make in such reports recommendations for the effective implementation of those safeguards for improving the condition of women by the State ;
(d) review, from time to time, the existing provisions of the Constitution and other laws affecting women and recommend amendments thereof so as to suggest remedial legislative measures to meet any lacunae, inadequacies or shortcomings in such legislations ;
(e) take up the cases of violation of the provisions of the Constitution and of other laws relating to women with the State Government or appropriate authorities ;
(f) entertain complaints and take suo motu notice of matter relating to,-
(i) deprivation of women's rights ;
(ii) non-implementation of laws enacted to provide protection to women and also to achieve the objective of equality and development ;
(iii) non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships and ensuring welfare and providing relief to women and to take up the issues arising out of such matters with the State Government or appropriate authorities ;
(g) render guidance and advice to needy women in instituting proceedings in any judicial forum or tribunal for violation of constitutional provisions or any other laws relating to women ;
(h) call for special studies or investigations into specific problems or situations arising out of discrimination and atrocities against women and identify the constraints so as to recommend strategies for their removal ;
(i) undertake promotional and educational research so as to suggest ways of ensuring due representation of women in all spheres and identity factors responsible for impeding their advancement, such as, lack of access to housing and basic services, inadequate support services and technologies for reducing drudgery and occupational health hazards ;
(j) participate and advice on the planning process of socio-economic development of women ;
(k) evaluate the progress of the development of women in the State ;
(l) (i) inspect or cause to be inspected a jail, remand home, women's institution or other places of custody where women are kept as prisoners or otherwise, and take up with the concerned authorities such matters for remedial action as found necessary ;
(ii) may attend and with the permission of the concerned court or Lok Nyayalaya may also have a right of audience before such court or Lok Nyayalaya in any case or any question involving the protection of rights of woman including in camera trials by any court, within the State ;
(m) fund litigation including police complaint involving issues affecting a large body of women or the interpretation of any provisions of the Constitution or any other laws, affecting women, and present to the State Government, every six months, report relating to such matters ;
(n) make periodical reports to the State Government on any matter pertaining to women and, in particular, various difficulties under which women toil ;
(o) co-operate with and assist and seek co-operation and assistance of the National Commission for Women and other Commissions for Women set up by different State Governments and also the Commission for Scheduled Castes and Scheduled Tribes and the Minorities Commission ;
(p) frame schemes for the consideration of the State Government or any other appropriate authority for more effective implementation of this Act and, in particular, frame schemes for more effective implementations of laws relating to payment of maintenance to deserted women, payment of minimum wages, ensuring equal pay for equal work, housing and shelter for women, prevention of domestic violence, prevention of sexual harassment at work, prevention of illegal traffic in women, improvement of the health and safety in women and legal aid for women ;
(q) any other matter which may be referred to it by the State Government or by the National Commission for Women.
(2) The Commission shall while investigating any matter referred to in clause (a) or sub-clauses (i) and (ii) of clause (f) of sub-section (1), have all the powers of a civil court trying a suit, and in particular, in respect of the following matters, namely :-
(a) summoning and enforcing the attendance of any person from any part in the State and 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.
(3) (a) On any investigation mentioned in clause (a) or sub-clauses (i) and (ii) of clause (f) of sub-section (1) being completed, the Commission on taking up the matter with the State Government or the appropriate authority under clause (e) or (f) or sub-section (1) may, recommend to the State Government or the appropriate authority, as the case may be, to institute legal proceedings or prosecution in the matter and may also recommend to the State Government or the appropriate authority, to appoint a counsel or a special prosecutor for the conduct of any such legal proceedings or prosecution; and the State Government may, having regard to the nature of the case and on being satisfied that it is necessary, in its opinion, to appoint a counsel or special prosecutor, do so.
(b) The State Government or the appropriate authority, as the case may be, shall communicate in writing to the Commission, from time to time, the progress of any such legal proceeding or prosecution filed on the recommendation of the Commission.
(4) The State Government or the appropriate authority shall not apply for withdrawal of any such case or proceedings instituted under sub-section (3), without the prior consultation, in writing, with the Commission.
(a) investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws ;
(b) present to the State Government, annually and at such other time, as the Commission may deem fit, reports upon the working of those safeguards ;
(c) make in such reports recommendations for the effective implementation of those safeguards for improving the condition of women by the State ;
(d) review, from time to time, the existing provisions of the Constitution and other laws affecting women and recommend amendments thereof so as to suggest remedial legislative measures to meet any lacunae, inadequacies or shortcomings in such legislations ;
(e) take up the cases of violation of the provisions of the Constitution and of other laws relating to women with the State Government or appropriate authorities ;
(f) entertain complaints and take suo motu notice of matter relating to,-
(i) deprivation of women's rights ;
(ii) non-implementation of laws enacted to provide protection to women and also to achieve the objective of equality and development ;
(iii) non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships and ensuring welfare and providing relief to women and to take up the issues arising out of such matters with the State Government or appropriate authorities ;
(g) render guidance and advice to needy women in instituting proceedings in any judicial forum or tribunal for violation of constitutional provisions or any other laws relating to women ;
(h) call for special studies or investigations into specific problems or situations arising out of discrimination and atrocities against women and identify the constraints so as to recommend strategies for their removal ;
(i) undertake promotional and educational research so as to suggest ways of ensuring due representation of women in all spheres and identity factors responsible for impeding their advancement, such as, lack of access to housing and basic services, inadequate support services and technologies for reducing drudgery and occupational health hazards ;
(j) participate and advice on the planning process of socio-economic development of women ;
(k) evaluate the progress of the development of women in the State ;
(l) (i) inspect or cause to be inspected a jail, remand home, women's institution or other places of custody where women are kept as prisoners or otherwise, and take up with the concerned authorities such matters for remedial action as found necessary ;
(ii) may attend and with the permission of the concerned court or Lok Nyayalaya may also have a right of audience before such court or Lok Nyayalaya in any case or any question involving the protection of rights of woman including in camera trials by any court, within the State ;
(m) fund litigation including police complaint involving issues affecting a large body of women or the interpretation of any provisions of the Constitution or any other laws, affecting women, and present to the State Government, every six months, report relating to such matters ;
(n) make periodical reports to the State Government on any matter pertaining to women and, in particular, various difficulties under which women toil ;
(o) co-operate with and assist and seek co-operation and assistance of the National Commission for Women and other Commissions for Women set up by different State Governments and also the Commission for Scheduled Castes and Scheduled Tribes and the Minorities Commission ;
(p) frame schemes for the consideration of the State Government or any other appropriate authority for more effective implementation of this Act and, in particular, frame schemes for more effective implementations of laws relating to payment of maintenance to deserted women, payment of minimum wages, ensuring equal pay for equal work, housing and shelter for women, prevention of domestic violence, prevention of sexual harassment at work, prevention of illegal traffic in women, improvement of the health and safety in women and legal aid for women ;
(q) any other matter which may be referred to it by the State Government or by the National Commission for Women.
(2) The Commission shall while investigating any matter referred to in clause (a) or sub-clauses (i) and (ii) of clause (f) of sub-section (1), have all the powers of a civil court trying a suit, and in particular, in respect of the following matters, namely :-
(a) summoning and enforcing the attendance of any person from any part in the State and 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.
(3) (a) On any investigation mentioned in clause (a) or sub-clauses (i) and (ii) of clause (f) of sub-section (1) being completed, the Commission on taking up the matter with the State Government or the appropriate authority under clause (e) or (f) or sub-section (1) may, recommend to the State Government or the appropriate authority, as the case may be, to institute legal proceedings or prosecution in the matter and may also recommend to the State Government or the appropriate authority, to appoint a counsel or a special prosecutor for the conduct of any such legal proceedings or prosecution; and the State Government may, having regard to the nature of the case and on being satisfied that it is necessary, in its opinion, to appoint a counsel or special prosecutor, do so.
(b) The State Government or the appropriate authority, as the case may be, shall communicate in writing to the Commission, from time to time, the progress of any such legal proceeding or prosecution filed on the recommendation of the Commission.
(4) The State Government or the appropriate authority shall not apply for withdrawal of any such case or proceedings instituted under sub-section (3), without the prior consultation, in writing, with the Commission.