#THE NATIONAL COMMISSION FOR WOMEN ACT, 1990 
________ 

##ARRANGEMENT OF SECTIONS 
_______ 

###CHAPTER I 

###PRELIMINARY 

SECTIONS 

1. Short title, extent and commencement. 
2. Definitions. 

###CHAPTER II 

###THE NATIONAL COMMISSION FOR WOMEN 

3. Constitution of the National Commission for Women. 
4. Term of office and conditions of service of Chairperson and Members. 
5. Officers and other employees of the Commission. 
6. Salaries and allowances to be paid out of grants. 
7. Vacancies, etc., not to invalidate proceedings of the Commission. 
8. Committees of the Commission. 
9. Procedure to be regulated by the Commission. 

###CHAPTER III 

###FUNCTIONS OF THE COMMISSION 

10. Functions of the Commission. 

###CHAPTER IV 

###FINANCE, ACCOUNTS AND AUDIT 

11. Grants by the Central Government. 
12. Accounts and audit. 
13. Annual report. 
14. Annual report and audit report to be laid before Parliament. 

###CHAPTER V 

###MISCELLANEOUS 

15. Chairperson, Members and Staff of the Commission to be public servants. 
16. Central Government to consult Commission. 
17. Power to make rules. 

 
 
#THE NATIONAL COMMISSION FOR WOMEN ACT, 1990 

##ACT NO. 20 OF 1990 

[30th August, 1990.] 

An Act to constitute a National Commission for Women and to provide for matters connected 
therewith or incidental thereto. 

BE it enacted by Parliament in the Forty-first Year of the Republic of India as follows:— 

###CHAPTER I 

###PRELIMINARY 

1. **Short title, extent and commencement.**—(1) This Act may be called the National Commission 
for Women Act, 1990. 

(2) It extends to the whole of India.

(3) It shall come into force on such date as  the  Central  Government  may,  by  notification  in  the 
Official Gazette, appoint. 

2. **Definitions.**—In this Act, unless the context otherwise requires,— 

(a) “Commission” means the National Commission for Women constituted under section 3; 

(b) “Member” means a Member of the Commission and includes the Member-Secretary; 

(c) “prescribed” means prescribed by rules made under this Act. 

###CHAPTER II 

###THE NATIONAL COMMISSION FOR WOMEN 

3. **Constitution  of  the  National  Commission  for  Women.**—(1)  The  Central  Government  shall 
constitute a body to be known as the National Commission for Women to exercise the powers conferred 
on, and to perform the functions assigned to, it under this Act. 

(2) The Commission shall consist of— 

  (a) a Chairperson, committed to the cause of women, to be nominated by the Central 
Government; 

  (b) five Members to be nominated by the Central Government from amongst persons of ability, 
integrity and standing who have had experience in law or legislation, trade unionism, management of 
an industry  or organisation committed to increasing the employment potential of women, women’s 
voluntary organisations  (including  women  activists), administration,  economic  development,  health, 
education or social welfare: 

Provided  that  at  least  one  Member  each  shall  be  from  amongst  persons  belonging  to  the 
Scheduled Castes and Scheduled Tribes respectively; 

  (c) a Member-Secretary to be nominated by the Central Government, who shall be— 

    (i) an expert in the field of management, organisational structure or sociological movement, 
or 

    (ii) an officer who is a member of a  civil service  of the Union or of an all-India service or 
holds a civil  post under the Union with appropriate experience. 
                                                           
4. **Term of office and conditions of service of Chairperson and Members.**—(1) The Chairperson 
and every Member shall hold office for such period, not exceeding three years, as may be specified by the 
Central Government in this behalf. 

(2) The  Chairperson  or  a  Member  (other  than  the  Member-Secretary  who  is  a  member  of  a  civil 
service of the Union or of an all-India service or holds a civil post under the Union) may, by writing and 
addressed to the Central Government, resign from the office of Chairperson or, as the case may be, of the 
Member at any time. 

(3) The Central Government shall remove a person from the office of Chairperson or a Member 
referred to in sub-section (2) if that person— 

  (a) becomes an undischarged insolvent; 

  (b) gets  convicted  and  sentenced  to  imprisonment  for  an  offence  which  in  the  opinion  of  the 
Central 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  from  the  Commission,  absent from  three  consecutive 
meetings of the Commission; or 

  (f) in  the  opinion  of  the  Central  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  no  person  shall  be  removed  under  this  clause  until  that  person  has  been  given  a 
reasonable opportunity of being heard in the matter. 

(4) A vacancy caused under sub-section (2) or otherwise shall be filled by fresh nomination. 

(5) The  salaries  and  allowances  payable  to,  and  the  other  terms  and  conditions  of  service  of,  the 
Chairperson and Members shall be such as may be prescribed. 

5. **Officers and other employees of the Commission.**—(1) The Central Government shall provide 
the Commission with such officers and employees as may be necessary for the efficient performance of 
the functions of the Commission under this Act. 

(2) The  salaries  and  allowances  payable  to,  and  the  other  terms  and  conditions  of  service  of,  the 
officers  and  other  employees  appointed  for  the  purpose  of  the  Commission  shall  be  such  as  may  be 
prescribed. 

6. **Salaries and allowances to be paid out of grants.**—The salaries and allowances payable to the 
Chairperson and Members and the administrative expenses, including salaries, allowances and pensions 
payable to the officers and other employees referred to in section 5, shall be paid out of the grants referred 
to in sub-section (1) of section 11.

7. **Vacancies, etc., not to invalidate proceedings of the Commission.**—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 in the constitution of the Commission. 

8. **Committees of the Commission.**—(1) The Commission may appoint such committees as may be 
necessary for dealing with such special issues as may be taken up by the Commission from time to time. 

(2) The Commission shall have the power to co-opt as members of any committee appointed under 
sub-section (1) such number of persons, who are not Members of the Commission, as it may think fit and 
the persons so co-opted shall have the right to attend the meetings of the committee and take part in its 
proceedings but shall not have the right to vote. 

(3) The persons so co-opted shall be entitled to receive such allowances for attending the meetings of 
the committee as may be prescribed. 
 
9. **Procedure to be regulated by the Commission.**—(1)  The  Commission  or  a  committee  thereof 
shall meet as and when necessary and shall meet at such time and place as the Chairperson may think fit. 

(2) The Commission shall regulate its own procedure and the procedure of the committees thereof. 

(3) All orders and decisions of the Commission shall be authenticated  by  the Member-Secretary  or 
any other officer of the Commission duly authorised by the Member-Secretary in this behalf. 

###CHAPTER III 

###FUNCTIONS OF THE COMMISSION 

10. **Functions of the Commission.**—(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 law; 

(b) present to the Central Government, annually and at such other times 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 conditions of women by the Union or any State; 

(d) review, from time to time, the existing provisions of the Constitution and other laws affecting 
women and recommend amendments thereto  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 appropriate authorities; 

(f) look into complaints and take suo moto notice of matters 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 take up the issues arising out of such matters with appropriate authorities; 

(g) 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; 

(h) undertake  promotional  and  educational  research  so  as  to  suggest  ways  of  ensuring  due 
representation of  women  in  all  spheres  and  identify  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  and  for  increasing  their 
productivity; 

(i) participate and advise on the planning process of socio-economic development of women; 

(j) evaluate the progress of the development of women under the Union and any State; 

(k) inspect  or  cause to  be inspected  a jail,  remand  home,  women’s  institution or  other  place  of 
custody where women are kept as prisoners or otherwise, and take up with the concerned authorities 
for remedial action, if found necessary; 

(l) fund litigation involving issues affecting a large body of women; 

(m)  make  periodical  reports  to  the  Government  on  any  matter  pertaining  to  women  and  in 
particular various  difficulties under which women toil; 

(n) any other matter which may be referred to it by the Central Government. 
 
(2) The Central Government shall cause all the reports referred to in clause (b) of sub-section (1) to 
be  laid  before  each  House  of  Parliament  along  with  a  memorandum  explaining  the  action  taken  or 
proposed  to  be  taken  on  the  recommendations  relating  to  the  Union  and  the  reasons  for  the  non-
acceptance, if any of any of such recommendations. 

(3) Where any such reportor any part thereof relates to any matter with which any State Government 
is concerned, the Commission shall forward a copy of such report or part to such State Government who 
shall  cause  it  to  be  laid  before  the  Legislature  of  the  State  along  with  a  memorandum  explaining  the 
action taken or proposed to be taken on the recommendations relating to the State and the reasons for the 
non-acceptance, if any, of any of such recommendations. 

(4) The Commission shall, while investigating any matter referred to in clause (a) or sub-clause (i) of 
clause (f) ofsub-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 of India 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. 

###CHAPTER IV 

###FINANCE, ACCOUNTS AND AUDIT 

11. **Grants by the Central Government.**—(1)  The  Central  Government  shall,  after  due 
appropriation made by  Parliament by law in  this behalf,  pay to  the Commission by way of grants such 
sums of money as the Central Government may think fit for being utilised for the purposes of this Act. 

(2) The Commission may spend such sums as it thinks fit for performing the functions under this Act, 
and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1). 

12. **Accounts and audit.**—(1)  The  Commission  shall  maintain  proper  accounts  and  other  relevant 
records and  prepare an annual statement  of accounts in  such form  as  may  be prescribed by the Central 
Government in consultation with the Comptroller and Auditor-General of India. 

(2) The accounts of the Commission shall be audited by the Comptroller and Auditor-General at such 
intervals as may be specified by him and any expenditure incurred in connection with such audit shall be 
payable by the Commission to the Comptroller and Auditor-General. 

(3) The  Comptroller  and Auditor-General and  any  person appointed  by  him  in  connection  with the 
audit of the accounts of the Commission under this Act shall have the same rights and privileges and the 
authority  in  connection  with  such  audit  as  the  Comptroller  and  Auditor-General  generally  has  in 
connection with the audit of Government accounts and, in particular, shall have the right to demand the 
production of books, accounts, connected vouchers and other documents and papers and to inspect any of 
the offices of the Commission. 

(4) The  accounts  of  the  Commission,  as  certified  by  the  Comptroller  and  Auditor-General  or  any 
other  person appointed  by  him  in  this  behalf,  together  with  the  audit report  thereon  shall  be forwarded 
annually to the Central Government by the Commission. 

13. **Annual report.**—The  Commission  shall  prepare,  in  such  form  and  at  such  time,  for  each 
financial  year,  as  may  be  prescribed,  its  annual report,  giving  a  full  account  of  its  activities  during  the 
previous financial year and forward a copy thereof to the Central Government. 

14. **Annual report and audit report to be laid before Parliament.**—The Central Government shall 
cause the annual report together with a memorandum of action taken on the recommendations contained 
therein, in so far as they relate to the Central Government, and the reasons for the non-acceptance, if any, 
of any of such recommendations and the audit report to be laid as soon as may be after the reports are 
received, before each House of Parliament. 

###CHAPTER V 

###MISCELLANEOUS 

15. **Chairperson,  Members  and  Staff  of  the  Commission  to  be  public  servants.**—The 
Chairperson, the Members, officers and other employees of the Commission shall be deemed to be public 
servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). 

16. **Central Government to consult Commission.**—The  Central  Government  shall  consult  the 
Commission on all major policy matters affecting women. 

17. **Power to make rules.**—(1) The Central Government may, by notification in the Official Gazette, 
make rules for carrying out the provisions of this Act. 

(2) In particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 
provide for all or any of the following matters, namely:— 

  (a) salaries  and  allowances  payable  to,  and  the  other  terms  and  conditions  of  service  of,  the 
Chairperson and  Members  under  sub-section  (5)  of  section  4  and  of  officers  and  other  employees 
under sub-section(2) of section 5; 

  (b) allowances  for attending the meetings of  the committee by the co-opted persons  under sub-
section (3)of section 8; 

  (c) other matters under clause (f) of sub-section (4) of section 10; 

  (d) the form in which the annual statement of accounts shall be maintained under sub-section (1) 
of section 12; 

  (e) the form in, and the time at, which the annual report shall be prepared under section 13; 

  (f) any other matter which is required to be, or may be, prescribed. 

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House 
of  Parliament,  while  it  is  in  session,  for  a  total  period  of  thirty  days  which  may  be  comprised  in  one 
session  or  in  two  or  more  successive  sessions,  and  if,  before  the  expiry  of  the  session  immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only 
in such modified form or be of no effect, as the case may be; so, however, that any such modification or 
annulment shall be without prejudice to the validity of anything previously done under that rule.