The National Commission for Women Procedure) Regulations_2005 PartII

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Parent: AMENDING ACT (11074d83b22ccf305d8a171d18caebb77e32ed97)

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The National Commission for Women Procedure) Regulations_2005 PartII PROCEDURE FOR DEALING WITH COMPLAINTS General Complaints not ordinarily entertainable Receipt and Registration of Complaints Scrutiny of complaints Placing complaints before the Commission Manner of dealing_with complaints_ INQUIRY INTO COMPLAINTS Preliminary consideration,Issue of Notice,etc Procedure for conducting enquiry Preliminaryhearing_of the complaint Summons Summons Sircuosance for issuance of summons Investigation Powers_relating_to inquiries_ Steps after _inquiry Recording of Orders Proceedings Mode of Communication Procedure regarding Suo Motu Action 1. 2 2 2 3 5 : 1 8 8 9 10 10 2. 3 4 5 8 9. 10_ 11_ 12_ 14 15 16. 17. 18_ 19 20. PROCEDURE FOR DEALING WITH COMPLAINTS 1 General The complaint shall disclose complete picture of the matter leading to the complaint: The Commission may seek further information/affidavit as may be considered necessary in the matter: 2Complaints not ordinarily entertainable The Commission may summarily dismiss complaints of the following nature: 1) Complaints illegible o vague, anonymous O pseudonymous; O1 ii) The issue raised relates to civil dispute, between the parties such as contractual rights obligations and the like; iii) The issue raised relates to service matters not involving any deprivation of women's rights; iv) The issue raised relates to labour/industrial disputes not involving any deprivation of women's rights; Matter is sub judice before a Court/Tribunal; vi) The Commission shall not inquire into any matter which is pending before a State Commission or any other Commission duly constituted under any law for the time being in force. vii) Matter already decided by the Commission viii) Matter is outside the purview of the Commission on any other ground

Rule TOC

2 · 2 2 3 5 : 1 8 8 9 10 10

2 · 3 4 5 8 9. 10_ 11_ 12_ 14 15 16. 17. 18_ 19 20.

1 · General The complaint shall disclose complete picture of the matter leading to the complaint: The Commission may seek further information/affidavit as may be considered necessary in the matter:

3 · Receipt and Registration of Complaints a. All communications/complaints in writing (by whatsoever mode they are received) addressed to the Commission, its Chairperson, Members Or other officers of the Commission, either by name o designation, shall be received by the C&I (complaints and investigation) cell, who shall enter the complaints in the complaints register containing particulars such as, date of receipt, diary number, sender's name, address, case number and category and State, as per the following Proforma: -

4 · Scrutiny of complaints (a) On receipt of the complaint by the Counselor; he/she shall prepare the BTR/ (Bill Transmission Report) and submit the same to the DS (b) The (BTR) shall be prepared as per the format at Annexure I BTR shall disclose the course of action to be adopted in the complaint Such BTR shall be placed before the DS within 24 hours from the date of receipt of the complaint: The DS shall decide whether the complaint is cognizable or not and shall forward the complaint which has been taken cognizance of to the members after getting full information and reports as necessary. DS will be deemed to be act on behalf of the Commission for getting full information and reports on behalf of the Commission.

6 · Manner of dealing with complaints Subject to such special Or general orders of the Chairperson, all complaints shall be initially dealt with by a Member of the Commission: However, the Chairperson may, having regard to the importance of the matter, place the case complaint requiring a detailed enquiry before two or more members or a Committee appointed in this behalf O set up a Investigating Committee for the said purpose.

12 · The_opposite_partylparties_to_whom summons_have_been_issued may appear_in person orbya pleader duly authorized_ifso permitted by the commission & able to answer all material_question relating to the complaint

13 · Every summons shall be_accompanied by a COpY of the_complaint orby a concise statement_Such summons shall be signed by theDS or theLaw Officer:

14 · Circumstance forissuance of summons To afford an opportunity of being heard in person and/or to adduce evidence in support of the complaint Cause production of the records Examine as a witness To afford an opportunity of being heard as in the opinion of Commission his/her reputation is likely to be prejudicially affected by the decision that the Commission may give in the above proceedings. To afford an opportunity of being heard in the matter as your conduct in connection with subject matter of the above proceedings is being enquired into. Where the Commission sees reason to require the personal appearance of the defendants/opposite party,

15 · Investigation - The Commission may, for the purpose of conducting any investigation pertaining to the inquiry, utilize the services of any officer of the Central Government or any State Government with the concurrence of the Central Government or the State Government, as the case may be or any retired officer or any other person and co-opt such officer or such person as a Member of the investigating committee.

17 · Steps after inquiry The Commission may take any of the following steps upon the completion of an inquiry held under these regulations, namely- (i) where the inquiry discloses, the commission of violation of any rights or negligence in the prevention of violation of any rights by a public servant; it may recommend to the concerned Government or authority the initiation of

18 · Recording of Orders Proceedings

19 · Mode of Communication Unless otherwise directed; all summons and notices from the Commission shall be sent by registered post

20 · Procedureregarding Suo Motu Action The procedure contained in this Chapter shall mutatis Mutandis apply to suo moto action taken by the Commission: