Professional Documents
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CHAPTER I
PRELIMINARY
CLAUSES
1. Short title, extent and commencement.
2. Definitions.
3. Effect of the Act
4. Right of housewife to a share in husbands salary
5. Financial Hardship
CHAPTER II
APPOINTMENT OF AN ENFORCEMENT OFFICER
6. Reference of Enforcement Officers
7. Appointment of Enforcement Officer
8. Form of Complaint
9. Forum of Proceeding
10. Powers and Procedure of Enforcement Officer
11. Power to Submit Cases
12. Report
CHAPTER III
APPEAL AND PROCEDURE
13. Appeal
14. Power of the Appropriate Government to make rules
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CHAPTER IV
RELIEF AND COMPENSATION
15. Share to the housewife
16. Penalty for the non-payment of share
CHAPTER V
MISCELLANEOUS
17. Ruled to be laid before the respective legislature
18. Power to remove difficulties
19. Saving Clause
ANNEXURE A
ANNEXURE B
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TO BE INTRODUCED IN LOK SABHA
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The extent of empowerment of women in the national hierarchy is determined
largely by the three factors her economic, social and political identity and their
weightage. These factors are deeply intertwined and interlinked with many cross
cutting linkages which imply that if efforts in even one dimension remain absent or
weak, outcomes and momentum generated by the other components cannot be
sustained as they will not be able to weather any changes or upheavals. It is only
when all the three factors are simultaneously addressed and made compatible with
each other can the woman be truly empowered. Therefore for holistic empowerment
of the woman to happen - social, economic and political aspects impacting a womans
life must converge effectively. Drawing the strength from the constitutional
commitments, the Government of India has been engaged in the continuous endeavor
of concretely translating all the rights, commitments and safe guards incorporated in
the Indian Constitution for women from de jure to de facto status.
India participated actively in the United Nations (UN) General Assembly
Resolution Summit which adopted the Declaration on Elimination of all forms of
Discriminations against Women and acceded to the Convention on Declaration on
Elimination of all forms of Discriminations against Women (CEDAW) on Septer.
CEDAW is an international treaty thats makes it incumbent on the signatory States to
take all necessary steps to protect womens rights enumerated in the Convention.
Therefore, keeping in mind the various social and legal forces at play, and in an
attempt to consolidate the position of the wives who have sacrificed much to build a
home- the institution from where the future of this country is to arise, we propose this
Bill.
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TITLE OF THE ACT
Be it enacted by Parliament in Sixty-third year of the Republic of India as follows:CHAPTER I
PRELIMINARY
Short title,
extent and
commencement.
Definitions.
a. India includes the whole territory of Union of India and the Indians
residing abroad.
a. The Act is applicable to the couples residing abroad and both
the husband and housewife should be of Indian nationality.
b.
(ii)
(iii)
Illustration:
i.
2
d.
Salary shall include monthly income of to the husband from all the
sources, which he receives from employment, business, investments,
royalties, gifts, ancestral property, pension, capital or from any assets;
Illustrations
(i) A, a husband earning monthly rent from a let-out property.
The income so earned will come within the definition of salary.
(ii) Z, a husband has agricultural lands. The income so earned
from the said property (be it monthly or seasonal) will be
deemed to come within the definition of salary.
Financial hardship means where the husband does not have any
source of earning any salary.
Effect of the
Act
3. (1) The Act should be applicable to all the marriages subsisting on the date
of passing this act.
(2) The relief demanded shall be calculated from the date of passing this
Act.
Right of
housewife to a
share in
husbands
salary
4. (1) Every housewife must have a share in the salary of the husband in
accordance to the following provisions:
i.
ii.
Explanation:
i)
ii)
iii)
iv)
Financial
Hardship
5.
husband is exempted from giving any share to the wife in cases of financial
hardship.
Illustrations:
i.
4
ii.
5
CHAPTER II
APPOINTMENT OF AN ENFORCEMENT OFFICER
Reference of
Enforcement
Officers.
Appointment
of
Enforcement
Officer:
where more than one enforcement officer has been appointed for any
area the Appropriate Government may, by General or Special Order
regulate the distribution of jurisdictional issues amongst them.
b.
c.
8. Where the husband has failed or refused to pay the prescribed share from his
Form of
Complaint
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and Annexure B appended to this Act.
b. if the Complainant is illiterate, or for any other reason, is unable to
furnish the required information in writing, the application shall, if the
Complainant so desires, be prepared under the direction of the
Enforcement Officer.
Forum of
Proceeding
9. (1) Any complaint in regard to the provisions of this Act or any rules made
hereunder, shall be filed with the Enforcement Officer, who may take up the
cognizance of the matter. For the purpose of filing the compliant the
Enforcement Officer/s of the following areas, district or block may be
competent:
a.
Powers and
Procedure of
Enforcement
Officer
10. The Enforcement Officer shall have all the powers of a Civil Court under the
Code of Civil Procedure, 1908 (5 of 1908).
a. summoning and enforcing the attendance of any person and
examining him on oath;
b. discovery and production of any document or other material object
producible as evidence;
c. receiving evidence on affidavits;
d. requisitioning of any public record;
e. reviewing its decisions directions and orders;
f. issuing commission for the examination of witnesses;
g. order the production of any books of accounts;
h. any other matter which may be prescribed;
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Power to
Submit
Cases
11. An Enforcement Officer may if thinks fit submit any question of law for the
decision of the High Court and if he does so shall decide the question in
conformity with such decision.
Report
12. An Enforcement Officer shall, from time to time as may be prescribed by the
Appropriate Government, submit a report to the Appropriate Government
wherein it should state the number of complaints registered and the action
taken on those reports.
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CHAPTER III
APPEAL AND PROCEDURE
Appeal
13. (1) An appeal shall lie to the High Court from the following orders of a
Enforcement Officer namely:a) an order awarding compensation as a lump sum amount;
b) an order awarding interest or penalty under Clause 15;
c) an order allowing or disallowing any claim under Clause 5 of this Act.
Provided, that no appeal shall lie against any order unless a substantial
question of law is involved.
Provided further that no appeal shall lie in any case, in which the parties
have agreed to abide by the decision of the Enforcement Officer.
(2) The provisions of Section 5 of the Limitation Act 1963 (36 of 1963) shall
be applicable to appeals under this Clause.
Power of the
Appropriate
Government
to make rules
14. The Appropriate Government may make rule to carry out the purpose of
this Act.
(1)
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CHAPTER IV
RELIEF AND COMPENSATION
Share to the
housewife
where the husband fulfils all the basic need of the wife and the
household, a compulsory share of 8% of the household from the totally
monthly salary must be given to the housewife, subject to the clause 5.
b. where the husband has denied or failed to maintain the wife and her
basic needs then the housewife is entitled to a 10 percent of the total
monthly salary of the husband.
c. where the husband has failed or refused to maintain the economic
condition of the household then the housewife is entitled to a 12
percent of the total monthly salary of the husband.
Explanation: The housewife cannot claim the share under sub-clause (i)
and (ii) of the Clause 15 simultaneously.
Illustration:
(i) A, the husband has failed to maintain the needs of the household
and his housewife, then the housewife can claim a share under subclause (i) of Clause 15.
(ii) Z, the husband has failed to maintain the basic needs of the wife
but maintains the needs of the household, then the housewife can
claim a share under sub-clause (ii) of Clause 15.
16. (1) Where the husband is in default in paying the due share to the housewife
Penalty for
the nonpayment of
share
within three months it fell due, the Enforcement Officer shalla. direct that the husband shall, in addition to the amount of arrears, pay
Simple Interest thereon at the rate of 10 percent per annum or at any
such higher rate not exceeding the maximum of the lending rates of
any Scheduled Banks as may be specified by the Central Government,
by notification in the Official Gazette, on the amount due.
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Provided that an order for the payment of penalty shall not be passed
under sub-clause (i) without giving a reasonable opportunity to the
husband to show cause why it should not be passed.
Explanation: For the purpose of sub-clause (i) Scheduled Bank means a
bank for the time being included in the Second Schedule to the Reserve
Bank of India Act, 1934 (2 of 1934).
(2) Husband, may further be directed to pay on excess of
compensation as per the Court deems it fit and necessary.
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CHAPTER V
MISCELLANEOUS
Rules to be
laid before
the
respective
legislature
Power to
remove
difficulties
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Saving
Clause
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ANNEXURE A
FORM OF PARTICULARS
1. Name: Mrs./ Smt. ________________________________
2. Surname: ___________________________________
3. Citizenship status (mark the appropriate):
Indian
NRI/ Person of Indian Origin
4. Country of Residence: _________________________
5. Is the complainant below poverty line (mark the appropriate):
YES
NO
6. Complete Address (required):
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
7. Pin/Zip/Area Code: __________________
8. Name of City/Town/Village: ____________________________
9. Telephone 1: Area Code ________ Phone Number _____________
10. Telephone 2: Area Code ________ Phone Number _____________
11. Mobile Number: __________________________
12. Fax Number: _____________________________
13. Have you applied to any PIO for Information related to this complaint? :
YES
NO
(Please ensure that you have attached supporting documents if you have applied to
any PIO for Information related to this complaint)
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1. Name of Organization representing ____________________________
2. Complete Address (required):
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
3. Pin/Zip/Area Code: ______________________________
4. Name of City/Town/Village: _______________________________
5. Telephone 1: Area Code ________ Phone Number ____________________
6. Telephone 2: Area Code ________ Phone Number ____________________
7. Mobile Number: _________________________
8. Fax Number: _________________________
***
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ANNEXURE B
Signed and Verified at ___________ this the ______ day of ______ 20______
Deponent/ Deponents
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STATEMENT OF OBJECTS AND REASON
Protection and empowerment of non-working women has been an area of high
priority for the Government. Despite the concerted efforts made in the past to give
economic independence to the women, there are some gray areas left where a
housewife is not given a dignified life. In most cases a housewife is deprived of
money to fulfill her own basic needs and run the household in a regular manner.
Existing laws have not proved adequate in equipping a woman to have sufficient
resources to suffice her day-to-day needs. This problem is inconsistent with the Right
to Live with dignity which is an essence of the Fundamental Rights guaranteed in
Part III of the Constitution of India.
2. With a view to empower women to live their lives with dignity and liberty
this Act aims to provide for a redressal forum, a multi-pronged strategy has been
worked out in the provisions of the Bill, which consists of legislative, administrative
as well as programmatic interventions.
3. The notes on clauses explain in detail the various provisions contained in
the Bill.
4. The Bill seeks to achieve the above objectives.
KRISHNA TIRATH
NEW DELHI;
The 3rd October, 2012.
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Notes on Clauses
Clause 2.- This clause provides for definitions. It defines the various
expressions used in the proposed legislation which, inter alia, include the expressions
India, Housewife, salary, property, commissioner, special court, District Court, State
Government, Committee, unemployed, aggrieved housewife, net/gross income,
financial hardship, foreign person.
Clause 3. This clause explains the effect of this act that it should be
applicable on the marriages which are subsisting on the day of passing this Act but the
relief cannot be claimed from the day of marriage, it can only be claimed from the day
of enactment of this Act.
Clause 4. - This clause makes a provision wherein every housewife is reserved
with a right to have a share in the salary of the husband. She also has an unrestricted
right to a share in husbands income if - (i) the husband has failed to maintain the
economic condition of the household, (ii) the husband has denied or failed to maintain
the basic needs of the housewife.
Clause 5. This clause is an exception to Clause 4, which provided for
unrestricted right of a woman to have a share from her husbands salary, but this
clause provides for an exception when the husband is going through the financial
hardships.
Clause 6. This clause provides that the matters shall be referred to the
Enforcement officer when the husband has refused to give any share of his salary to
her when she demands for it or when he has failed to maintain the household or has
failed to maintain the housewife and her basic needs.
It also provides that when any matter or question, by the virtue of the
provisions of this Act, is to be decided, settled and dealt by the Enforcement Officer
then there lies no Jurisdiction of the Civil Court to settle, decide and deal such matters
and questions. The Enforcement Officer shall have the power to enforce any liability
incurred under this Act.
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Clause 7. This clause provides for the appointment of such Enforcement
Officer in an area, district or block, as may be deem required by the Appropriate
Government which must be notified in the Official Gazette.
It further provides that the Appropriate Government has the authority to
determine and settle the jurisdictional issue between the Enforcement Officer, in case
two or more than two Enforcement Officers are appointed by the Appropriate
Government for an area, district or block.
It also provides that the salary shall be given to the Enforcement Officer for
discharging such functions.
It also provides that every Enforcement Officer so appointed under this Act
must be considered a Public Servant within the meaning of section 21 of the Indian
Penal Code, 1860.
Clause 8. This clause provides for an application to be made to the
Enforcement Officer in the prescribed form of Annexure A and Annexure B is the
housewife is being refused by the husband to give her the share within the prescribed
limit under the Clause ___ of the Act.
It further provides that in case of an illiterate housewife, or for any other
reason, she is not able to file the complaint in writing then on the desire of the
complainant the application shall be prepared under the direction of the Enforcement
Officer.
Clause 9. This clause provides for the jurisdiction of the Enforcement
Officer, which provides that when a matter is to be taken up by or before the
Enforcement Officer by the virtue of the provisions of this Act or by virtue of any
rules made hereunder, such complaints shall be registered with the Enforcement
Officer of the (i) the place of permanent or temporary residence of the Husband, or,
(ii) the place of permanent or temporary residence of the housewife.
It further provides that the housewife who is Indian but is staying abroad shall
make an application with the Enforcement Officer of the area of her or her husbands
permanent or temporary residence in India.
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It also provides that such an application shall be made in written and can be
posted or be delivered to the Enforcement Officer is any other way.
Clause 10. This clause provides for the powers of the Enforcement Officer
under Code of Civil Procedure, 1908 which are- (i) summoning and enforcing the
attendance of any person and examining him on oath, (ii) discovery and production of
any document or other material object producible as evidence, (iii) receiving evidence
on affidavits, (iv) requisitioning of any public record, (v) reviewing its decisions
directions and orders, (vi) issuing commission for the examination of witnesses, (vii)
order the production of any books of accounts, (viii) any other matter which may be
prescribed.
Clause 11. This clause provided that if the Enforcement Officer deems it fit
and necessary to submit a question of law for the decision of High Court and on doing
so he shall abide by the decision of the Court and further decide the matter in the light
of such determination.
Clause 12. This clause provides for a duty of the Enforcement Officer to,
from time to time, provide for a report to the Appropriate Government stating the
number of complaints received in an area and action taken over them.
Clause 13. This clause provides for appeals which shall lie to the High Court
of that State against the following orders- (i) an order awarding compensation as a
lump sum amount; (ii) an order awarding interest or penalty under Clause ___, (iii) an
order allowing or disallowing any claim under Clause 5 of this Act.
It further provides that no appeal shall lie against any order unless a
substantial question of law is involved.
It also provides that no appeal shall lie in any case where the parties have
confirmed to abide by the decision of the Enforcement Officer.
It also provides that the rules and exemptions regarding Limitations as
specified in Section 5 of the Limitation Act, 1963 shall be applicable to all such cases.
Clause 14. This clause provides that the Appropriate Government may make
rules to carry out the purpose of this Act of the matters namely (i) for prescribing
the procedure to be followed by Enforcement Officers in the disposal of cases under
20
this Act and by the parties in such cases, (ii) for regulating the transfer of matters and
cases from one Enforcement Officer to another Enforcement Officer and the transfer
of money in such cases, (iii) for prescribing the manner in which money in the hands
of the Enforcement Officer may be invested for the benefit of housewives, (iv) for
prescribing rules regarding the submission of the report as provided under Clause 11
of this Act.
Clause 15. This clause provides for the quantum of share to be given to the
housewife by her husband. It bifurcates two circumstances- (i) where the husband
provides for the basic needs of the wife and contributes to the running of the
household then the housewife is entitled to 8% of the total monthly salary (ii) where
the husband has denied or failed to maintain the wife and her basic needs then the
housewife is entitled to a 10 percent of the total monthly salary of the husband,
(iii) where the husband has failed or refused to maintain the economic condition of
the household then the housewife is entitled to a 12 percent of the total monthly salary
of the husband.
It is further provided that the wife cannot claim a share under both the clauses.
The maximum of 20 percent of total salary of the income of the husband can be
claimed.
It is further provided that in event of husband not maintaining the wife the
maximum of 10 percent can be received in share of the total salary. And in case
husband fails to provide maintenance of the household and wife as well, then a total
of 20 percent shall be given as share to the wife.
Clause 16. This clause provides the penalties in case the husband fails to pay
the due share to the wife even after been decreed.
It further provides that the husband shall, in addition to the amount of arrears
must also pay Simple Interest thereon at the rate of 10 percent per annum or at any
such higher rate not exceeding the maximum of the lending rates of any Scheduled
Banks.
It is also provided that an order for the payment of penalty shall not be passed
under sub-clause (i) without giving a reasonable opportunity to the husband to show
cause why it should not be passed.
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It is further provided, that the husband, may further be directed to pay on
excess of compensation as per the Court deems it fit and necessary.
Clause 17. This clause provides manner of relief and compensation to be
provided to the complainant. It also decided the quantum of compensation determined
by the appropriate government.
It further provides for the penal provisions for non-payment of compensation.
The clause also provides the layout of notice and claim procedure.
Clause 18. - This clause provides to seek to provide for rules to be made by
Parliament laid before Central Legislature.
It further provides for the rules to be made by State Government to be laid
before the State Legislature.
Clause 19. This clause provides for saving of any provisions of any
agreements or any other contractual agreement pertaining to the marriage, the more
beneficial claim to the housewife will prevail over the other.
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FINANCIAL MEMORANDUM
23
MEMORANDUM REGARDING DELEGATED LEGISLATION
24
LOK SABHA
Bill
to provide economic empowerment to the housewives and for the prevention of
interests and basic needs of a non-working wife who does not have any other source
of salary and is also devoid of any share in the salary of the husband.
(Smt. Krishna Tirath, Minister of State for Women and Child Development)
RGNUL-1234-LS-03.10.2012