Procedures

The State Commission follows the following procedure to deal the complaints received in the office.

  • The Receipt & Registration staff will receive and register all complaints including online registration all the complaints will received thoughout the office hours.
  • Necessary action is initiated immediately on the complaints depending on the greavity of the complaints.
  • All Communication/complaints in writing ( by What so ever mode they are required) addressed to the commission it’s chairperson, members or other officer’s of the commission either by name & designation shall be received by the application branch and shall enter the complaints in the complaints register containing the date of receipt diary number, sender’s name, address, case names, district and category of the complaints.

Complaints not ordinarily entertainable

  • Complaints illegible or vague, anonymous or pseudonymous or
  • The issue raised relates to civil dispute, between the parties such as contractual rights obligations and the like.
  • The issue raised relates to service matters not involving any deprivation of women’s right.
  • The issue raised relates to labour/industrial disputes not involving any deprivation of women rights.
  • Matter is sub judice before any court/tribunal.
  • The Commission shall not inquire into any matter which is pending before any other commission duly.
  • Matter already decided by the Commission.
  • Matter is outside the preview of the Commission on any other ground.

Scrutiny of complaints

  • On receipt of the complaints, the report will be submitted to the member secretary deciding the course of action.
  • The members secretary/Under secretary shall decide whether the complaint is cognizable or not and shall forward the complaints to the members /chairperson for information.
  • The office will get full information and reports from the concerned department/ authority.
  • The complaints and other commutations requiring urgent attention shall be placed before the members or the chairperson.
  • Any complaints received by the chairperson any members shall be sent to the application branch, who shall process the same as described here in above.

A brief data of the complaints registers whether taken congnization or not shall be placed before the commission for information and consideration.

  • After receiving directions from the chairperson/members, the letters will be sent on the priority.
  • All letters notices & summons required to be sent shall be signed by the gazetted officer. To whom the power is delegated (US/RO) for inquiry into complaints.
  • The Commission may call for information from any Govt. department or any other authority or Organization within, such time as may be specified by it.
  • If the information is not received within Time limit, it may be proceed to inquire into the complaints on its own.
  • If on receipt of information or report the commission is satisfied either that no further inquiry is required or that the required action. Has been initiated or taken by the concerned department or authority, it may not proceed with the complaints and intimate the complaints accordingly.
  • Without prejudice to any this above if it considers necessary having regard to the nature of the complaints initiate as inquiry
  • Call for further particulars or information from any person or authority

Preliminary consideration issue of Notice etc.

  • If on consideration of the complaints the commission dismisses the complaints in Limits. The said order shall be communicated to the complainer and the case shall be treated as closed.
  • If on consideration of the complaints the commission admits/taken cognizance of the complaints, may direct to issue notice to any authority to furnish information/ Report or calling for, further particulars. Such notice shall be signed by the under secretary/Research Officer.
  • If however the commission issue any other direction or orders action shall forthwith be taken accordingly.
  • If the report/Information is not received from the concerned authority within the given time or not complete in all respect, further information will be called.

Procedure for conducting enquiry

  • On receipt of information/report called for the chairperson may if so considered necessary proceed with the complaints in the manner herein able.
  • When no further action is called for, the complaints may be
    • Closed under intimation to the complaints
    • Complaint may be sent to the appropriate authority for the consideration. Provided that the action has been taken as above, the same shall be monitored till the issue has been decided/settled.
    • Where cognizance of the complaints is taken or/on Suo –moto action.
    • The proceedings in the form of enquiry may be initiated.
    • Suo-moto of any urgent action, the chairperson may direct setting up & investigation committee.

Hearing of the complaints.

At the hearing both party will be called, the complainants witness on her behalf Will be examined.
Complaint will be examined on oath and will be directed to produce documents /witness proposed to be relied upon to support her claim.
The Opposite party against about the complaint has been made would then be required to submitted his written statement.
The Commission shall while inuiring in to complaints under the GSCW Act-2002 (sec-15) will have all the powers of a civil court trying a suit under CPC-1908.

  • When a complaint has been filed before the commission, summons may be issued to the opposite party/parties to appear & answer the claim on the day to be there in specified.
  • The opposite party/parties to whom summons have been issued may appear in person if so permitted by the commission, & able to answer all materials question related to the complaints.
  • Every summons shall be accompanied by a copy of the complaint or by a concise Statement. Such summons shall be signed by the Under Secretary or the law Officer.
  • Circumstance for issuance 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 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, The summons shall order to appear in person on the day there in specified.
  • Investigation. The commission may for the purpose of conducting any investigation pertaining to the inquiry, utilize the services of any officer of the State Government with the concurrence of 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.
  • Recording of orders/Proceedings The Order sheet is the mirror the proceeding and hence the counselor has to ensure that right from the date of the receipt of the complaint, Its final disposal gist of the proceeding are reflected in the order sheet and therefore shall ensure that.
    • All orders, notice, summons, day to day proceedings etc issued in the matters are legibly recorded on separate sheets and appended to the order sheet.
    • The order sheet shall invariably reflect the brief of the proceedings conducted which shall be signed by the counselor, member concerned/committee and the parties if any.
    • No routine inter office correspondence of any deposition shall be recorded in the order sheet. Such correspondence should be made separately in an annexed file.
  • Mode of Communication. Unless otherwise directed, all summons and notice from the commission shall be sent by registered post.
  • Procedure regarding suo-moto action. The procedure contained in this chapter shall mutatis mutandis apply to suo-moto Action taken by the commission.

PROCEDURE FOR CLOSURE OF COMPLAINTS

The following shall be the procedure for the closure of complaints after the receipt of ATRs:-( action taken reports)

  • All the action taken report (ATRs) thus received at the Commission from the various authorities in complaints where in ATRs had been sought, shall be entered into at the registration desk of the application branch and investigation cell.
  • The registration desk of the application branch investigation cell, shall maintain year-wise database of complaints in which ATRs have been received that shall be readily available for reference of the Commission as and when required. After the ATRs are entered into, the same shall be forwarded to the concerned counselor without any further delay whatsoever.
  • It shall be linked to the corresponding files/complaints so that the same may be processed further. It shall be the responsibility of the counselor to link ATRs to their respective parents files within two days of the receipt of ATRs:
  • Then after the ATRs are linked to their corresponding files, the counselor shall prepare the ATR submission form clearly.
  • Then the Member secretary/Under secretary/Research Officer shall examine the report submitted therefore and the complaints/grievances of the complaints where after she/he shall decide upon the further course of action to be taken in a particular case along with the reasons there of to be recorded in writing by her/him. The Joint secretary/Deputy secretary through members shall be the finalize and the competent authority to decide upon the further course of action. The members are free to seek further legal opinion or to over-rule the recommendations of Joint Secretary/Deputy Secretary:
  • The Complaints where in the ATRs depicts that the allegations leveled in the complaint could not be substantiated on investigation, or that the complaints was of frivolous or like nature, vague, etc, such complaints shall be close under intimation to the complaints.
  • Then, all such complaints which are closed in the manner here in above prescribed, shall be sent back to the Research Officer, who shall in turn get such complaints & investigation cell and also into excel sheets which she/he shall necessarily maintain in this regard for keeping a record of the complaints closed.
  • The Co-Ordinator, complaints & investigation cell shall also ensure that all such closed complaints are properly sent to the record room and shall also supervise their proper updatation. All such complaints closed in the manners here in above prescribed shall be weeded-out after 5 years of the closure of complaints atomically and recorded in database as such.
  • Then, a monthly report containing a list of all such complaints closed in a particular month in the manner here in above prescribed, shall be necessarily placed before the commission in its meeting for information