Homemaker's Bill

8/10/2019 Homemaker's Bill

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TO BE INTRODUCED IN LOK SABHA

Bill No. B-4 of 2012

THE HOMEMAKERS (COMPULSORY SHARE IN

HUSBAND'S INCOME) BILL, 2012

ARRANGEMENT OF CLAUSES

CHAPTER I

PRELIMINARYCLAUSES

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 IIAPPOINTMENT 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 Cases12.

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

Bill No. B-4 of 2012

THE HOMEMAKERS (COMPULSORY SHARE IN

HUSBAND'S INCOME) BILL, 2012

A

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.

The maxim Conjectic martitet perminae est de nature means to keep

husband and wife together in the laws of nature and the maxim viret unor consentur

in lege una persona means that husband and wife are considered one in law.

Irrespective of the definition and legal status of marriage as per governing legislature

applicable to it, it must be understood that marriage is the cornerstone to the

furtherance of existence of the human race and the basis of a sound society. A large

majority of families in India have wives staying at home and working to build a

family, in consonance with the social fabric wherein women are traditionally seen as

homemakers. However, the fact that such work is performed by a woman for her

husband and other family members, irrespective of their caring and nurturing nature

cannot be used to conceal that this is a job which the majority of women feel

burdened by. Homemaking, more often than not is a full-time job with no retirement

age, no holiday and certainly no overtime. With the increasing cases of domestic

violence indicating the egotistic stance taken by males in a society dominated by them,

who is more likely to earn livelihood for the family, shows the helpless financialplight of women in India.


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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 dejure 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

1. (1) This Act may be called The Homemakers (Compulsory Share in

Husbands Income) Bill, 2012.

(2) It shall extend to whole of India, except the State of Jammu and

Kashmir.

(3) It shall come into force on such date as the Central Government may,

by notification in the Official Gazette, appoint.

2.(1) In this Act, unless the context otherwise requires,-

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. Homemaker means a housewife who manages a home.

c. Housewife is a married woman who is not employed outside the

home;

Explanation:

(i) Lawful husband should be interpreted according to the personal

laws of the complainant and/or Special Marriage Act, 1954.

(ii) Housewife, for the purpose of this Act, does not include a

divorced wife.

(iii)

Income from any property gifted to a housewife from her

husband is included in the term employment.

Illustration:

i. A, an unemployed housewife doing all household chores and

other activities appurtenant to homemaking qualifies under

the definition of housewife under this Act.

Short title,

extent and

commencement.

Definitions.


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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.

e. Property means property defined under Section 26 of General

Clauses Act, 1897 and Section 36 of General Clauses Act, 1897.

f. Enforcement Officer means the person so appointed by the State

Government in compliance with the Section 7 of this Act;

g. Complaint means a written application in the form appended as

Annexure A and Annexure B, made to the Enforcement Officer.

h.

Unemployed means not having any source of income from business,

job, royalties, fees, capital or any assets.

i. Financial hardship means where the husband does not have any

source of earning any salary.

j. Appropriate Government means the State Government in case of a

State and Administrator in case of the Union Territories.

(2) The words and expressions used herein and not defined but defined in

General Clauses Act, 1897, Special Marriage Act, 1954, Hindu Marriage Act,

1955 and any other personal law governing the institution of marriage and

maintenance shall have the same meaning respectively assigned to them in the

said codes.

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.

Effect of the

Act


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4. (1) Every housewife must have a share in the salary of the husband in

accordance to the following provisions:

i.

Subject to Clause 5, every housewife is entitled to a share in

husbands salary.

ii. Notwithstanding anything contained in sub-clause (a), every

housewife has an unrestricted right to a share in her husbands salary

wherein:

a. the husband has denied or failed to maintain the economic

condition of the household, or

b. the husband has denied or failed to maintain the basic needs

of the housewife.

Explanation:

i) A housewife has an unrestricted right to a share in husbands salary

even if the husband maintains an illicit relation with another

woman,

ii)

A housewife is entitled to a share in the husbands salary where

after the solemnization of marriage the husband has kept a

concubine.

iii) Husband is liable to pay a share from his salary to his housewife

even if he failed to reside with her or has deserted her.

iv)

An irretrievable breakdown of marriage is not a ground for

husband to escape the liability for payment of pin money.

5. Notwithstanding anything contained in Clause 4 of this Act, if the

husband is exempted from giving any share to the wife in cases of financial

hardship.

Illustrations:

i. A, a husband has been laid off resulting in him being rendered

unemployed. Having no other source of income, he is deemed to be

facing financial hardship.

Right of

housewife to a

share in

husbands

salary

Financial

Hardship


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ii.

Z, a husband works as an employee in a company and due to a strike in

the company, he is not getting his monthly salary. Z is precluded from

paying a share of his income owing to economic hardship.


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CHAPTER II

APPOINTMENT OF AN ENFORCEMENT OFFICER

6. The housewife may approach the enforcement officer in the following

circumstances:

(1) If any question arises in regard to the Right of the housewife to claim a

share in the salary of her husband where the husband:

a. has failed to give the prescribed amount of share as per Clause ___ of

the Act, to the housewife when needed by her, or in the following

cases where the husband:

i.

has failed to maintain the household.

ii. has failed to maintain the housewife and her basic needs.

(2) No Civil Court shall have jurisdiction to settle, decide or deal with any

question which is by or under this Act required to settled, decided or dealt

with by an Enforcement Officer to enforce any liability incurred under this Act.

7.The Appropriate Government may by notification in the Official Gazette

appoint any person to be an Enforcement Officer for the purpose of this Act

for such area, district, block as may be specified under the notification.

a. 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.

the Enforcement Officer shall be entitled to such salary and allowances

payable to and the other terms and conditions of service ( including

pension, gratuity and other retirement benefits) and expenditure for

holding the proceeding of the matters as may be prescribed.

c. every Enforcement Officer shall be deemed to be a Public Servant

within the meaning Section 21 of the Indian Penal Code, (45 of 1860).

8. Where the husband has failed or refused to pay the prescribed share from his

salary to his housewife, the housewife

a.

may apply to the Enforcement Officer as prescribed in Annexure A

Reference ofEnforcement

Officers.

Form of

Complaint

Appointment

of

Enforcement

Officer:


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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.

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. the place of permanent or temporary residence of the husband, or,

b. the place of permanent or temporary residence of the housewife.

(2)In case of a housewife residing abroad she shall make an application as per

Annexure A and Annexure B to the Enforcement Officer of the area of her

or her husbands residence in India.

Provided that such an application shall be made in writing to the Enforcement

Officer through post or by any other means.

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;

Forum of

Proceeding

Powers and

Procedure of

Enforcement

Officer


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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.

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.

Power to

Submit

Cases

Report


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CHAPTER III

APPEAL AND PROCEDURE

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.

14. The Appropriate Government may make rule to carry out the purpose of

this Act.

(1) 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)for prescribing the procedure to be followed by Enforcement Officers

in the disposal of cases under this Act and by the parties in such cases ;

b) for regulating the transfer of matters and cases from one Enforcement

Officer to another Enforcement Officer and the transfer of money insuch cases;

c) for prescribing the manner in which money in the hands of the

Enforcement Officer may be invested for the benefit of housewives

d) for prescribing rules regarding the submission of the report as provided

under Clause 11 of this Act.

Appeal

Power of the

AppropriateGovernment

to make rules


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CHAPTER IV

RELIEF AND COMPENSATION

15. The housewife, subject to the provisions of Clause of 4 and 5, is entitled to a

share in the salary of the husband in following manner:

a. 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 sub-

clause (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

within three months it fell due, the Enforcement Officer shall-

a. 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.

Share to thehousewife

Penalty for

the non-

payment of

share


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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

17. Rules made by Appropriate Government to be laid before the respective

Legislature

(1) Every rule made by the Central Government 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 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.

(2) Every rule made by the State Government under this Act shall be laid, as

soon as may be after it is made, before each House of the State Legislature

where it consists of two Houses, or where such Legislature consists of one

House, before that House.

18.Power to remove difficulties in the procedural and substantial application of

this Act.

(1) If any difficulty arises in giving effect to the provisions of this Part, the

Central Government may, by order, make such provisions or give such

directions not inconsistent with the provisions of this Act as may appear to itto be necessary or expedient for the removal of the difficulty:

Providedthat no such power shall be exercised after the expiry of a period of

two years from the commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after

it is made, before each House of Parliament

Rules to be

laid beforethe

respective

legislature

Power to

remove

difficulties


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19.Savings Clause

Notwithstanding anything contained in this Act the 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.

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

APPLICATION FOR COMPLAINT

I/ we, _______________ son/wife/ representative of ______________ aged _____

Years, resident of _______________________ and w/o _____________ aged _____

years, resident of ____________hereby state on oath as follows:-

1.

That I/ we have informed myself/ my representative of the provisions of

Clause 4 of the Act.

2. And I/we have formulated the complaint under Clause 4 of this Act, for the

purpose of (tick the appropriate box):

The husband has denied or failed to maintain the economic condition of the

household.

The husband has denied or failed to maintain the basic needs of the

housewife.

The housewife is unable to maintain herself.

3. That I/ we, ___________________ desire to file an application for complaint

in preference of Clause ______ sub-clause ______ of the Act. The reason forfiling of such an application is

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

4. That the contents of the above mentioned application are true.

Signed and Verified at ___________ this the ______ day of ______ 20______

Deponent/ Deponents


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STATEMENTOFOBJECTSANDREASON

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 ahousewife 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 3rdOctober, 2012.

PRESIDENTSRECOMMENDATIONUNDERARTICLE117OF

THECONSTITUTIONOFINDIA

[Copy of letter No. 123/456/2012-ABC.VI dated 1January 2012 from Smt.

Krishna Tirath, Minister of State for Women and Child Development to the

Secretary-General, Lok Sabha]

The President, having been informed of the subject matter of The Homemakers

(Compulsory Share in Husband's Income) Bill, 2012, recommends the introduction

and consideration of the Bill in Lok Sabha under Article 117(1) and (3) of the

Constitution.


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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 prescribingthe procedure to be followed by Enforcement Officers in the disposal of cases under


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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 providedthat an order for the payment of penalty shall not be passed

under sub-clause (i) without giving a reasonable opportunity to the husband to showcause 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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FINANCIALMEMORANDUM

Sub-clause (a) of Clause 1 of the Bill empowers Appropriate Government to

appoint an Enforcement Officer at the District or Block Level (as the Appropriate

Government may deem it fit and necessary) in rural or urban areas. And also the

Appropriate Government to fix the salary and allowances of the Enforcement Officer

as prescribed in Clause 7(b).

The Central Government will meet the entire expenditure on fees and

allowances payable to the Enforcement Officer till the financial year 2017 (i.e., the

end of the 12th

Plan Period). The annual expenditure of fees and allowance is

estimated at Rs. 13.38 crore. The Central Government will specify the sharing pattern

between the Central Government and State Government beyond 2017.


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MEMORANDUMREGARDINGDELEGATEDLEGISLATION

Clause 14 of the Bill provides that the Appropriate Government may, by

notification in the Official Gazette, make rules for carrying out the provisions of the

proposed legislation. The Appropriate Government may make rule to carry out the

purpose of this Act. (i) for prescribing the procedure to be followed by Enforcement

Officers in the disposal of cases under 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 14 further provides that every rule made by the Appropriate

Government shall be laid, as soon as may be after it is made, before the respective

Legislature.

It is further provided under clause 11 that 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.

The matters in respect of which the Central Government may make rules are

matters of procedure and administrative detail and it is not practicable to provide for

them in the Bill itself. The delegation of legislative power is, therefore, of a normal

character.


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LOKSABHA

A

Bill

to provide economic empowerment to the housewives and for the prevention ofinterests 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

Documents

Homemaker's Bill