ORDINANCE NO. 42 OF 2007
THE KERALA WOMEN'S COMMISSION (AMENDMENT)
ORDINANCE, 2007
Promulgated by the Governor of Kerala in the Fifty-eighth Year of the Republic of India.
AN
ORDINANCE
further to amend the Kerala Women's Commission Act, 1991.
Preamble.- WHEREAS, the Kerala Women's Commission (Amendment) Ordinance, 2007 (1 of 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, inorder to keep alive the provisions of the said Ordinance, the Kerala Women's Commission (Amendment) Ordinance, 2007 (32 of 2007) was promulgated by the Governor of Kerala on the 30th day of March, 2007;
AND WHEREAS, a Bill to replace Ordinance No.32 of 2007 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 19th day of June, 2007 and ended on the 26th day of July, 2007;
AND WHEREAS, under sub-clause (a) of clause (2) of Article 213 of the Constitution of India, the said Ordinance will cease to operate on the 31st day of July, 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) It shall be deemed to have come into force on the 24th day of January, 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;
(c) the Secretary of the Commission - Member, Ex - officio
(2) The members appointed by the Government under clauses (a) and (b) shall be women.".
5. 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 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.
7. 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 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.".
8. 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 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 judgement, decree or order of any court, on and from the date of commencement of this Ordinance, the Chairperson and members of the existing Commission constituted under the provisions of the principal Act shall, by virtue of this Ordinance, 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 Ordinance, 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 Ordinance 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 Ordinance, as if they were commenced before it.
13. Repeal and Saving.- (1) The Kerala Women's Commission (Amendment) Ordinance, 2007 (32 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 Ordinance.
R.L.BHATIA,
GOVERNOR
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