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Preamble.- WHEREAS, the Kerala Women's Commission (Amendment) Ordinance,2007 was promulgated by the Governor of Kerala on the 24th day of January, 2007;

AND WHEREAS, a Bill to replace the said Ordinance by an Act of the State Legislature could not be introduced in, and passed by, the Legislative Assembly during its session which commenced on the 2nd day of March, 2007 and ended on the 29th day of March, 2007;

AND WHEREAS, under sub-clause (a) of clause (2) of Article 213 of the Constitution of India, the Kerala Women's Commission (Amendment) Ordinance, 2007 (1 of 2007) will cease to operate on the 13th day of April, 2007;

AND WHEREAS, difficulties will arise if the provisions of the said Ordinance are not kept alive;

AND WHEREAS, the Legislative Assembly of the State of Kerala is not in session and the Governor of Kerala is satisfied that circumstances exist which render it necessary for him to take immediate action;

NOW THEREFORE, in exercise of the powers conferred by clause (1) of Article 213 of the Constitution of India, the Governor of Kerala is pleased to promulgate the following Ordinance:-

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

2. Act 17 of 1995 to be temporarily amended.- During the period of operation of this Ordinance, the Kerala Women's Commission Act, 1991 (17 of 1995) (hereinafter referred to as the principal Act), shall have effect subject to the amendments specified in sections 3 to 12.

3. Amendment of section 2 .- In section 2 of the principal Act, after clause (h), the following clause shall be inserted, namely:-

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

4. 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;

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

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

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

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

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

(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 ex-officio member," shall be inserted;

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

"(2) The ex-officio member shall hold office during the pleasure of the Government.".

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

"The Government may appoint a 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 Secretary and the Director shall carry out such directions issued by the Commission, besides 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.

9. 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.

10. 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.

11. 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.

12. 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.

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

(2) Notwithstanding such repeal, anything done or any action 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.

A large number of petitions were pending and numerous fresh petitions were being received by the Commission. Due to the inadequacy of sufficient number of members in the Commission, the sittings of the Commission at district level are not adequate to deal with the workload. In order to enhance the effective intervention of the Commission in women related issues, the Council of Ministers in its proceedings dated 9.1.2007 decided that the number of members including the Chairperson shall be increased to six. So also considering the multifarious activities of the Commission it has decided that the Secretary of the Commission shall find a member ex-officio of the Commission. The Council of Ministers also decided to amend section 6, 7, 11, 12, 13, 21 and 28 of the Kerala Women's Commission Act, 1991 accordingly.

As the Legislative Assembly of the State of Kerala was not in session and as the above Legislative proposal has to be given effect immediately, the Governor of Kerala has promulgated the Kerala Women's Commission (Amendment) Ordinance, 2007 (1 of 2007) on the 24th day of January 2007 and the same was published in the Kerala Gazette Extraordianary No.140 dated 24th January 2007.

The Bill seeks to replace the said Ordinance by an Act of the State Legislature.

According to sub section 4 of section 6 of the Kerala Women's Commission Act 1991 (17 of 1995), the Members shall receive a fixed honorarium and other allowances and shall be governed by such conditions of service as may be prescribed provided that the fixation of the honorarium shall be without taking into consideration the past service rendered by the person in any capacity before the appointment as a member. The honorarium and other allowances payable

(c)"Government" means the Government of Kerala;

(d)"Member" means a member of the Commission and includes the chairperson;

(e)"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.

(f)"Prescribed" means prescribed by rules made under this Act;

(g)"public servant" means any employee of the Government or a local body or any corporation owned or controlled by the government or of any government agency or any public undertakings;

(h)"registered" means registered with the Commission under the Act;

(i)"Unfair practice" means any distinction, exclusion or restriction made on the basis of sex for the purpose of or which has the effect of impairing or nullifying the recognition, enjoyment or exercise by women of fundamental constitutional rights, or of human rights, or of fundamental freedom in the political, economic, social, cultural, civil or any other filed or the infringement of any right or benefit conferred on women by or under the provisions of any law for the time being in force or the mental or physical torture or sexual excess on women.

(1) For the purpose of this Act, the government shall, by notification in the Gazette, constitute a Commission to be known a the Kerala Women's Commission which shall consist of a Chairperson and not more than two other members to be appointed by the government:

(2) The Chairperson shall be an eminent woman committed to the cause of women with sufficient knowledge and experience in dealing with women's problems.

(3) The members of the Commission shall be persons of ability, integrity, intelligence and standing and having adequate knowledge or experience or have shown ability in dealing with problems relating to safeguarding and promoting the interests or women and protecting their rights.

(ii) be removed from his office in accordance with the provisions of Section 11.

(3) A vacancy arising by reason of resignation or removal of any member of the Commission under sub-section (2) or otherwise shall be filled up in accordance with the provisions contained in Section 5.

(4) The members shall receive a fixed honorarium and other allowances and shall be governed by such conditions of service, as may be prescribed:

Provided that the fixation of the honorarium shall be without taking into consideration the past service rendered by the person in any capacity before his appointment as a member.

11. Removal of members from office- Any member of the Commission may be removed from office by an order of the Government, if he -

(a)becomes an undischarged insolvent;

(b) is convicted and sentenced to imprisonment for an offence which involves moral turpitude'

(d) refuses to act or becomes incapable of acting;

(e) is without obtaining leave of absence from the Commission absents 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 to render that person's continuance in office detrimental to the public interest;

Provided that a member shall note be removed under this section until that person has been given a reasonable opportunity of being heard in the matter.

(1) The Government may, in consultation with the Commission, appoint a Director for making investigations for the purposes of this Act and to carry out such directives given to him by the Commission besides the functions conferred on him by this Act. The Government may appoint such other staff as may be necessary to assist the Commission by deputation or by direct recruitment and prescribe their condition of service:

Provided that in the case of direct recruitment, the provisions of rules 14, 15, 16 and 17 of the Kerala State and Subordinate Service Rules, 1958, shall apply.

(2) The qualifications, term of appointment and other conditions of service of the Director shall be such as may be prescribed.

(3) In the discharge of their functions under this Act the Director and other staff referred to in Sub-section (1) shall be subject to the administrative control of the Chairperson.

13. Provision for salaries, allowances etc.- The honorarium and allowances payable to the members and the administrative expenses, including the salaries, allowances and pensions payable to, or in respect of, the Director and the other staff of the Commission, shall be charged on the Consolidated Fund of the State.

21. Authentication of orders, etc., of the Commission.- All orders and decisions of, and all other proceedings or instruments; if any, issued by the Commission shall be authenticated by the signature of the Director or of such officer as may be authorised by the Commission in this behalf.

(1) The Government may, by notification in the Gazette, make rules for the purpose of carrying into effect the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-

(a) the honorarium, allowances and other conditions of service of the members; the salary, allowances and other conditions of service of the Director and the other staff of the Commission;