Thursday, November 6, 2008

inter state council article 263

ARTICLE 263 OF THE CONSTITUTION
Inter-State Council has been set up under article 263 of the Constitution for co-ordination of Inter-State matters.
Article 263 of the Constitution of India provides as under: -
If at any time it appears to the President that the public interest would be served by the establishment of a Council charged with the duty of: -
· Inquiring into and advising upon disputes which may have arisen between States;
· Investigating and discussing subjects in which some or all of the States, or the Union and one or more of the States, have a common interest;
· Making recommendations upon any such subject and in particular, recommendations for the better co-ordination of policy and action with respect to that subject;
"It shall be lawful for the President by order to establish such a Council, and to define the nature of the duties to be performed by it and its organization and procedure."

GOVERNMENT OF INDIA ACT, 1935
Article 263 of the Constitution substantially reproduces section 135 of the Government of India Act, 1935. Section 135 provided for establishment of Inter-Provincial Council with duties identical with those of the Inter-State Council as stipulated under article 263 of the Constitution. At the time of framing of section 135 of the Government of India Act, 1935, it was felt that "if departments or institutions of coordination and research are to be maintained at the Centre in such matters as Agriculture, Forestry, Irrigation, Education and Public Health and if such institutions are to be able to rely on appropriations of public funds sufficient to enable them to carry on their work, the joint interest of Provincial Governments in them must be expressed in some regular and recognized machinery of Inter-Governmental constultations." It was also intended that the said Council should be set up as soon as the Provincial autonomy provisions of Government of India Act, 1935 came into operation. The said Council was envisaged to be advisory for facilitating Inter-Provincial cooperation. Since the plea of federation itself was not given effect to by the then Government, no such Council was established.

FIRST ADMINISTRATIVE REFORMS COMMISSION
The Administrative Reforms Commission in its report on Centre-State Relations submitted in 1969 recommended, inter-alia that an Inter-State Council should be constituted under article 263 of the Constitution and that it might consist of the Prime Minister as Chairman and the Union Home Minister, the Union Finance Minister, leader of the opposition in the Lok Sabha and five representatives, one each from the five Zonal Councils, as members. The Commission noted that the phrase 'common interest' occurring in article 263 was a comprehensive one which might be construed to cover problems relating to or arising out of the Constitution, legislative enactments, administration and finance.

RAJAMANNAR COMMITTEE
A Centre-State Relations Inquiry Committee was set up by the then DMK Government of Tamil Nadu on 2nd September,1969 under the Chairmanship of Dr.P.V.Rajamanar to consider the entire question regarding relationship that should subsist between the Centre and the States in a federal set up. The Committee in its report recommended that "the Inter-State Council should be constituted immediately" and that "no decision of national importance or which may affect one or more States should be taken by the Union Government except after consultation with the Inter-State Council". The Committee further recommended that "every Bill of national importance or which is likely to affect the interests of one or more States should, before its introduction in Parliament, be referred to the Inter-State Council and its views thereon should be submitted to Parliament at the time of introduction of the Bill".

NOTIFICATION OF 28TH MAY 1990
New Delhi, the 28th May 1990
G.S.R. 512 (E) - The following Order by the President is published for general information.
Whereas it appears to the President that the public interest would be served by the establishment of an Inter-State Council;
Now, therefore, in exercise of the powers conferred by Article 263 of the Constitution, the President hereby makes the following order, namely: -
Short title and commencement –
(i) This order may be called the Inter-State Council Order, 1990.
(ii) It shall come into force at once.
2. Composition of the Council - There shall be an Inter-State Council (hereinafter referred to as the Council) consisting of the;
Prime Minister;
Chief Ministers of all States -
Chief Ministers of Union territories having a Legislative Assembly and Administrators of Union territories not having a Legislative Assembly;
Six Ministers of Cabinet rank in the Union Council of Ministers to be nominated by the Prime Minister.
(Note: Other Ministers and Ministers of State having independent charge in the Union Government may be invited as and when any item relating to a subject under their charge is to be discussed).
3. Chairman of the Council - The Prime Minister shall be the Chairman of the Council and shall preside over the meetings of the Council:
Provided that when the Prime Minister is unable to preside over any meeting, he may nominate any Union Minister of Cabinet rank to preside over the meeting.
4. Duties of the Council - The Council shall be a recommendatory body and in that capacity, shall perform the following duties, namely -
Investigating and discussing such subjects, in which some or all of the States or the Union and one or more of the States have a common interest, as may be brought up before it;
Making recommendations upon any such subject and in particular recommendations for the better coordination of policy and action with respect to that subject; and
Deliberating upon such other matters of general interest to the States as may be referred by the Chairman to the Council.
5. Procedure of the Council - The Council shall, in the conduct of its business, observe the following procedure, namely: -
The Council shall adopt guidelines for identifying and selecting issues to be brought up before it;
The Council shall meet at least thrice in every year and at such time and place as the Chairman may appoint in this behalf;
The meetings of the Council shall be held in camera;
Ten members (including the Chairman) shall form the quorum for a meeting of the Council;
All questions which may come up for consideration of the Council at a meeting shall be decided by consensus and the decision of the Chairman as to the consensus shall be final - and
The Council shall, in the conduct of its business, observe such other procedure as it may, with the approval of the Central Government, lay down from time to time.
6. Secretariat of the Council - The Council shall have a Secretariat comprising of such officers and staff as the Chairman may think fit to appoint.
R.VENKATARAMAN
President
Camp Shimla,
Dated, the 25th May, 1990
(F.No.IV/11017/3/90-CSR)
NARESH CHANDRA, HOME SECRETARY


CONSTITUTION OF THE INTER-STATE COUNCIL
The Council was set up vide Presidential Order dated 28.5.1990. Para 2 of the Presidential Order provides for the composition of the Council. According to this, the Council shall consist of :-
a) Prime Minister Chairman
b) Chief Ministers of all States Member
c) Chief Ministers of Union Territories having a Member
Legislative Assembly and Administrators of UTs not having a Legislative Assembly and Governors of States under President's Rule (Governor's Rule in the case of J&K)
d) Six Ministers of Cabinet rank in the Member
Union Council of Ministers to be nominated by the Prime Minister.

CONSTITUTION OF THE STANDING COMMITTEE OF THE INTER-STATE COUNCIL
In the second meeting of the Council held on 15.10.1996, the Council decided to set up a Standing Committee for continuous consultation and processing of matters for consideration of the Council. Accordingly, a Standing Committee was set up under the Chairmanship of the then Home Minister vide notification dated 5.12.1996.
COMPOSITION OF THE INTER-STATE COUNCIL
1 The Council was last reconstituted vide notification-dated 7.12.2006. The following members of the Union Council of Ministers were nominated by the Prime Minister to be members of the Inter-State Council, in terms of clause 2(d) of the Inter-State Council Order, 1990: -
1
Shri Shivraj V. Patil
Minister of Home Affairs
2
Shri P.Chidambaram
Minister of Finance
3
Shri Sharad Pawar
Minister of Agriculture and Minister of Consumer Affairs, Food & Public Distribution
4
Shri Lalu Prasad Yadav
Minister of Railways
5
Shri T. R. Baalu
Minister of Shipping, Road Transport and Highways
6
Shri H.R. Bhardwaj
Minister of Law & Justice
2 The Prime Minister also approved that the following members of the Union Council of Ministers would be permanent invitees to the Council: -
1
Shri Pranab Mukherjee
Minister of External Affairs
2
Shri Arjun Singh
Minister of Human Resource Development
3
Shri Priyaranjan Dasmunsi
Minister of Information & Broadcasting
4
Shri Ram Vilas Paswan
Minister of Chemicals & Fertilisers and Minister of Steel
CONSTITUTIONAL PROVISIONS ON CENTRE-STATE RELATIONS
(Constitution of India can be visited at India Code Information System)
Constitutional provisions on Centre-State relations are contained in Part XI of the Constitution (Articles 245-263). These Articles are reproduced below:
· - LEGISLATIVE RELATIONS
· - ADMINISTRATIVE RELATIONS
CHAPTER I - LEGISLATIVE RELATIONS
Distribution of Legislative Powers
245. 245. Extent of laws made by Parliament and by the Legislatures of States-
1. 1. Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of the territory of India, and the Legislature of a State may make laws for the whole or any part of the State.
2. 2. No law made by Parliament shall be deemed to be invalid on the ground that it would have extra-territorial operation.
246. Subject-matter of laws made by Parliament and by the Legislatures of States-
1. 1. Notwithstanding anything in clauses (2) and (3), Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule (in this Constitution referred to as the "Union List").
2. 2. Notwithstanding anything in clause (3), Parliament, and, subject to clause (1), the Legislature of any State *** also have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (in this Constitution referred to as the "Concurrent List").
3. 3. Subject to clauses (1) and (2), the Legislature of any State 1. *** Has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List II in the Seventh Schedule (in this Constitution referred to as the "State List").
4. 4. Parliament has power to make laws with respect to any matter for any part of the territory of India not included2 [in a State] notwithstanding that such matter is a matter enumerated in the State List.
247. Power of Parliament to provide for the establishment of certain additional courts-Notwithstanding anything in this Chapter, Parliament may by law provide for the establishment of any additional courts for the better administration of laws made by Parliament or of any existing laws with respect to a matter enumerated in the Union List.
_________________________________
1. 1. The words and letter "specified in Part A or Part B of the First Schedule "omitted by the Constitution (Seventh Amendment) Act. 1956, s. 29 and Sch.
2. 2. Subs. by the Constitution (Seventh Amendment) Act, 1956 s. 29 and Sch... Ibid. For "in Part A or Part B of the First Schedule".
248. 248. Residuary powers of legislation: -
1. 1. Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List.
2. 2. Such power shall include the power of making any law imposing a tax not mentioned in either of those List.
249. Power of Parliament to legislate with respect to a matter in the State List in the national interest.
1. 1. Notwithstanding anything in the foregoing provisions of this Chapter, if the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State List specified in the resolution, it shall be lawful for Parliament to make laws for the whole or any part of the territory of India with respect to that matter while the resolution remains in force.
2. 2. A resolution passed under clause (1) shall remain in force for such period not exceeding one year as may be specified therein: Provided that, if and so often as a resolution approving the continuance in force of any such resolution is passed in the manner provided in clause (1), such resolution shall continue in force for a further period of one year from the date on which under this clause it would otherwise have ceased to be in force.
3. 3. A law made by Parliament which Parliament would not but for the passing of a resolution under clause (1) have been competent to make shall, to the extent of the incompetence, cease to have effect on the expiration of a period of six months after the resolution has ceased to be in force, except as respects things done or omitted to be done before the expiration of the said period.
250. 250. Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation-
1. 1. Notwithstanding anything in this Chapter, Parliament shall, while a Proclamation of Emergency is in operation, have power to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List.
2. 2. A law made by Parliament which Parliament would not but for the issue of a Proclamation of Emergency have been competent to make shall, to the extent of the incompetence, cease to have effect on the expiration of a period of six months after the Proclamation has ceased to operate, except as respects things done or omitted to be done before the expiration of the said period.
251. Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the legislatures of States-Nothing in articles 249 and 250 shall restrict the power of the Legislature of a State to make any law which under this Constitution it has power to make, but if any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament has under either of the said articles power to make, the law made by Parliament, whether passed before or after the law made by the Legislature of the State, shall prevail, and the law made by the Legislature of the State shall to the extent of the repugnancy, but so long only as the law made by Parliament continuous to have effect, be inoperative.
252. 252. Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State-
1. 1. If it appears to the Legislatures of two or more States to be desirable that any of the matters with respect to which Parliament has no power to make laws for the States except as provided in articles 249 and 250 should be regulate in such States by Parliament by law, and if resolutions to that effect are passed by all the Houses of the Legislatures of those States, it shall be lawful for Parliament to pass an Act for regulating that matter accordingly, and any Act so passed shall apply to such States and to any other State by which it is adopted afterwards by resolution passed in that behalf by the House or, where there are two Houses, by each of the Houses of the Legislature of that State.
2. 2. Any Act so passed by parliament may be amended or repealed by an Act of Parliament passed or adopted in like manner but shall not, as respects any State to which it applies, be amended or repealed by an Act of the Legislature of the State.
253. Legislation for giving effect to international agreements-Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body.
254. 254. Inconsistency between laws made by Parliament and laws made by the Legislatures of States-
1. 1. If any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent List, then, subject to the provisions of clause (2), the law made by Parliament, whether passed before or after the law made by the Legislature of such State, or, as the case may be, the existing law, shall prevail and the law made by the Legislature of the State shall, to the extent of the repugnancy, be void.
2. 2. Where a law made by the legislature of a State *** with respect to one of the matters enumerated in the Concurrent List contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter, then, the law so made by the Legislature of such State shall, if it has been reserved for the consideration of the President and has received his assent, prevail in that State:
Provided that nothing in this clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of the State.
_________________________
1. The words and letters "specified in Part A or Part B of the First Schedule" omitted by the Constitution (Seventh Amendment) Act. 1956, s. 29 and Sch.
255. Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only-
No act of Parliament or of the Legislature of a State 1***, and no provision in any such Act, shall be invalid by reason only that some recommendation or previous sanction required by this Constitution was not given, if assent to that Act was given-
Where the recommendation required was that of the Governor, either by the Governor or by the President;
Where the recommendation required was that of the Rajpramukh, either by the Rajpramukh or by the President;
Where the recommendation or previous sanction required was that of the President, by the President.
CHAPTER II- ADMINSITRATIVE RELATIONS Top
GENERAL
256. Obligation of States and the Union-The executive power of every State shall be so exercised as to ensure compliance with the laws made by the Parliament and any existing laws which apply in that State, and the executive power the Union shall extend to the giving of such directions to a State as may, appear to the Government of India to be necessary for that purpose.
257. Control of the Union over States in certain cases-
1. 1. The executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose.
2. 2. The executive power of the Union shall also extend to the giving of directions to a State as to the construction and maintenance of means of communication declared in the direction to be of national or military importance: Provided that nothing in the clause shall be taken as restricting the power of Parliament to declare highways or waterways to be national highways or national waterways or the power of the Union with respect to the highways or waterways so declared or the power of the Union to construct and maintain means of communication as part of its functions with respect to naval, military and air force works.
3. 3. The executive power of the Union shall also extend to the giving of directions to a State as to the measures to be taken for the protection of the railways within the State.
4. 4. Where in carrying out any direction given to a State under clause (2) as to the construction or maintenance of any means of communication or under clause (3) as to the measures to be taken for the protection of any railway, costs have been incurred in excess of those which would have been incurred in the discharge of the normal duties of the State if such direction had not been given, there shall be paid by the Government of India to the State such sum as may be agreed, or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of India, in respect of the extra costs so incurred by the State.
*257A. [Assistance to States by deployment of armed forces or other forces of the Union.] Rep. by the Constitution (Forty-fourth Amendment) Act, 1978, s.33 (w.e.f. 20.6.1979).
**258. Power of the Union to confer powers, etc., on States in certain cases: -
1. 1. Notwithstanding anything in this Constitution, the President may, with the consent of the of the Government of a State, entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the executive power of the Union extends.
2. 2. A law made by Parliament which applies in any State may, notwithstanding that it relates to a matter with respect to which the Legislature of the State has no power to make laws, confer powers and impose duties, or authorise the conferring of powers and the imposition of duties, upon the State or officers and authorities thereof.
3. 3. Where by virtue of this article powers and duties have been conferred or imposed upon a State or officers or authorities thereof there shall be paid by the Government of India to the State such sum as may be agreed, or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of India, in respect of any extra costs of administration incurred by the State in connection with the exercise of those powers and duties.
[258A. Power of the States to entrust functions to the Union-Notwithstanding anything in this Constitution, the Governor of a State may, with the consent of the Government of India, entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the exclusive power of the State extends.]
259. [Armed Forces in States in Part B of the First Schedule.] Rep. by the Constitution (Seventh Amendment) Act, 1956 s.29 and Sch.
260. Jurisdiction of the Union in relation to territories outside India- The Government of India may by agreement with the Government of any territory not being part of the territory of India undertake any executive, legislative or judicial functions vested in the Government of such territory, but every such agreement shall be subject to, and governed by, any law relating to the exercise of foreign jurisdiction for the time being in force.
261. Public acts, records and judicial proceedings-
1. 1. Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State.
2. 2. The manner in which and the conditions under which the acts, records and proceedings referred to in clause (1) shall be proved and the effect thereof determined should be as provided by law made by Parliament.
3. 3. Final judgments or orders delivered or passed by civil courts in any part of the territory of India shall be capable of execution anywhere within that territory according to law.
____________________
*1 Ins. by the Constitution (Forty-second Amendment) Act. 1976, s. 43 (w.e.f. 3.1.1977)
**2 Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 18
Disputes relating to Waters
262. Adjudication of disputes relating to waters of Inter-State River or river valleys-
(1) Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters, of, or in, any inter-State river or river valley.
(2) Notwithstanding anything in this Constitution, Parliament may by law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as is referred to in clause (1).
Co-ordination between States
263. Provisions with respect to an Inter-State Council-If at any time it appears to the President that the public interests would be served by the establishment of a Council charged with the duty of: -
Inquiring into and advising upon disputes, which may have arisen between States;
Investigating and discussing subjects in which some or all of the States, or the Union and one or more of the States, have a common interest; or
Making recommendations upon any such subject and, in particular, recommendations for the better co-ordination of policy and action with respect to that subject,
It shall be lawful for the President by order to establish such a Council, and to define the nature of the duties to be performed by it and its organisation and procedure.
COMPOSITION OF ZONAL COUNCILS
Five Zonal Councils were set up vide Part-III of the States Re-organisation Act, 1956. The present composition of each of these Zonal Councils is as under:
-The Northern Zonal Council, comprising the States of Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan, National Capital Territory of Delhi and Union Territory of Chandigarh;

-The Central Zonal Council, comprising the States of Chhattisgarh, Uttarakhand, Uttar Pradesh and Madhya Pradesh;

-The Eastern Zonal Council, comprising the States of Bihar, Jharkhand, Orissa, Sikkim and West Bengal;

-The Western Zonal Council, comprising the States of Goa, Gujarat, Maharashtra and the Union Territories of Daman & Diu and Dadra & Nagar Haveli; and

-The Southern Zonal Council, comprising the States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and the Union Territory of Pondicherry.
The seven North Eastern States i.e. (i) Assam (ii) Arunachal Pradesh (iii) Manipur (iv) Tripura (v) Mizoram (vi) Meghalaya and (vii) Nagaland are not included in the Zonal Councils and their special problems are looked after by the North Eastern Council, set up under the North Eastern Council Act, 1972.

syllubus for appsc GROUP-1& DAOs



APPSC
1
GROUP-I SERVICES(HONS. DEGREE STANDARD)
SCHEME OF EXAMINATION
Minimum qualifying marks for consideration for Oral Test


Paper-I. General Essay 3 150
Paper-II.
i. History & Cultural heritage of India with
emphasis on 20th century history of
India.
ii. Social history of Andhra Pradesh i.e.,
the history of various social and cultural
movements in Andhra Pradesh
iii. General overview of the Indian
Constitution


Paper-III:

i) Planning in India & Indian Economy
ii) Land Reforms and social changes in
Andhra Pradesh after independence
iii) Andhra Pradesh’s Economy, present
status its strengths and weaknesses

Paper-IV:
i) The role and impact of Science &
Technology in the development of India
with emphasis on the applied aspects
ii) General awareness with the modern
trends in life sciences.
iii) Development and environmental
problems

Paper-V:
i) Data appreciation and interpretation
ii) The candidates will be asked to draw
their own conclusion from the data
presented in the tabular form in
graphical or otherwise
iii) Problem solving – duly structured
situation will be presented to the
candidates and they will be asked to
suggest their own solutions to the
problem arising out of situation.
Alternatively, they may be called upon
to prove the understanding of the
situation by answering certain
searching questions based on the
situation

B. ORAL TEST (INTERVIEW) 75
GRAND TOTAL: 825

Other Important Points:
1. There will be a Screening Test (Objective type) comprising General Studies and Mental Ability.
This test is meant for short-listing the number of candidates to be admitted to the Written
(Conventional Type) Examination i.e., consisting of six compulsory papers. The number of
candidates to be admitted to the Written examination (conventional type) would be 50 times to the
vacancies available at material time irrespective of Communities.
2. The papers except General English may be answered in English or Telugu or Urdu chosen by
the candidates. However, a candidate is not permitted to write part of the paper in English and part of
it in Telugu or Urdu.
3. Candidates must appear for all the papers in Main examination and Oral test, who qualified for
the same. Absent in any of the above will be liable for disqualification.
4. The General English paper is for qualifying one and the standard of this paper is that of S.S.C.
The minimum qualifying marks in this paper are 40% for O.Cs., 35% for B.Cs. and 30% for SC/ST/PH.
These marks are not counted for Ranking.
5. In the event of the S.C. and S.T. candidates not coming up for selection with the existing
minimum prescribed for the selection in the competitive examination conducted by the Commission,
their selection shall be considered on the basis of Rank with reference to their performance in the
Written and Oral competitive examination.
6. Hall Tickets for admission to the Written Examination will be sent to the admitted candidates.
There is no need to submit separate application for this purpose. After Written Examination, eligible
candidates will be called for an Interview at the ratio of 1:2 with reference to the number of vacancies
duly following the special representation as laid down in General Rule-22 of A.P. State and
Subordinate Service Rules.
Sd/- Secretary
10/01/2008


GROUP- I SERVICES
SYLLABUS

GENERAL STUDIES AND MENTAL ABILITY

(SCREENING TEST – OBJECTIVE TYPE)

1. General Science – Contemporary developments in Science and Technology and their implications

including matters of every day observation and experience, as may be expected of a well-educated
person who has not made a special study of any scientific discipline.
2. Current events of national and international importance.
3. History of India – emphasis will be on broad general understanding of the subject in its social,
economic, cultural and political aspects with a focus on AP Indian National Movement.
4. World Geography and Geography of India with a focus on AP.
5. Indian polity and Economy – including the country’s political system- rural development – Planning
and economic reforms in India.
6. Mental ability – reasoning and inferences.


MAIN EXAMINATION (CONVENTIONAL TYPE)



GENERAL ENGLISH

(X CLASS STANDARD, QUALIFYING FOR INTERVIEW)
1. Comprehension
2. Precis-writing
3. Re-arrangement of sentences
4. Correction of sentences
5. Synonyms
6. Antonyms
7. Filling in the blanks
8. Correction of spellings
9. Vocabulary and usage
10. Idioms and phrases
11. Verb tenses
12. Prepositions
13. Active voice and Passive voice
14. Parts of speech
PAPER-I


GENERAL ESSAY

(Candidate should write three Essays one from each section compulsorily. Each section contains
three topics. Each Essay carries 50 marks.)
SECTION-I : Crisis management, Social problems, Analysis and solutions.
SECTION-II : Current events of national and international importance.
SECTION –III : Current events relating to State of Andhra Pradesh.
4


PAPER-II

SECTION-I
HISTORY AND CULTURAL HERITAGE OF INDIA WITH EMPHASIS ON 20TH CENTURY HISTORY OF INDIA
1. Indus Civilization – Vedic Civilization – Distinction between Indus Civilisation and Vedic
Civilisation – Evolution of Varna, Jathi/caste system – Religious condition – Emergence of
Religious Movements (Jainism, Buddhism and other sects) – Rise of Magadha Imperialism –
Rise of Mahayana and Development of Art (Gandhara, Mathura and other Schools).
2. Advent of Islam and its impact – Influence of Islam on Indian Culture – Religious Movements
– Nature and significance of Bhakti Movements – Growth of vernacular languages, literature,
fine arts, architecture, monuments, Indo-Persian art and architecture - Vijayanagara empire
and their contribution to art, literature and culture – socio-economic conditions, administration,
fall of Vijayanagar empire – the Great Moghals and their contribution to Indian Fine Art,
Architecture and Fine Arts – Rise of Shivaji.
3. Stages of colonialism – changes in administrative structure and politics – factors leading for
the British supremacy, assistance of Indian Powers and the causes of failures – Civil rebellions
– Revolt of 1857 and its impact – Rise of nationalist consciousness and factors for the growth
of Indian Nationalism and Freedom Struggle : Three Phases :1885-1905, 1905-1920, 1920-47
and significance of Gandhian Era.
4. Rise and growth of Socio-Religious-cultural – anti-caste, Dalit and non-Brahmin, Justice/selfrespect
movements in modern India – Social reform organisations and role of intellectuals –
Raja Ram Mohan Roy - Dayanand Saraswathi - Jyotiba Phule - Narayana Guru - Mahathma
Gandhi - Ambedkar and others.
5. Nationalist Literature – growth of peasant and labour movements – role of leftist parties in antifeudal
and anti-colonial struggles-rise and growth of Women’s movements – origin and growth
of communalism – workers and peasant movements –freedom and partition of India; important
historical events after independence.


SECTION-II

SOCIAL AND CULTURAL HISTORY OF ANDHRA PRADESH
1. The Satavahanas and their contribution – social structure – religious conditions – growth of
literature and painting – Ikshvakus and their cultural contribution – Growth of Buddhism in
Andhra Pradesh – The Eastern Chalukyas of Vengi and their importance – socio-cultural
contribution – growth of Telugu language & Literature – education and learning – Religious
Sects – growth of art and architecture.
2. Socio- Cultural and Religious conditions in Andhra Desha between 1000 AD – 1565 AD
Growth of Telugu Language and Literature – Nannaya- Molla etc., fine arts and
architecture – Monuments – Significance – Contribution of Qutubshahis to Telugu
language and Literature – Art- Architecture- Monuments.
3. Modern Andhra - Socio-cultural awakening in Andhra – Brahma Samaj, Arya Samaj,
Theosohica society – Adi-Andhra, Movements and role of Veereshalingam and others –
Non-Brahmin, Adi- Andhra /Dalit and Justice/self – respect movements – Gurram Joshuva
– Boyi Bheemanna – Sri Sri and others – Growth of Nationalist Movement in Andhra and
the Andhra Leaders during the Freedom Struggle – Role of socialists – communists – antizamindari-
kisan movements.
4. Asafjahi Dynasty – socio-cultural awakening in Telangana -Adi-Hindu Movement – Nizam
Rashtra Janasangham – Andhra Mahasabha – Andhra Saaraswata Parishat – The role of
Hyderabad State Congress and Vandemataram Movement.
5. Telangana People’s Armed Struggle – Ittehadul-Muslimeen – Razakars-anti-Nizam
Struggles and end of Nizam’s Rule and integration of Hyderabad State in Indian Union –
Formation of Andhra Pradesh.
5

SECTION-III

GENERAL OVERVIEW OF THE INDIAN CONSTITUTION
1. Nature of the Constitution – constitutional developments – salient features – Preamble –
Fundamental Rights, Directive Principles of State Policy and their relationship -
Fundamental Duties, Distinctive features of Indian Federation.
2. Distribution of Legislative Powers between the Union and the State; Administrative and
Financial relations between the Union and the States – Powers and the functions of
Constitutional Bodies.
3. Unicameral and Bicameral Legislatures – Functions and crises of accountability, decline of
legislature - Delegated Legislation – Legislative and Judicial control over the delegated
legislation – Judicial review of administrative action.
4. Amendment of the Constitution – Basic Structure Theory – Emergency Provisions and Decentralisation
– Community development experiment – 3 tier model of Panchayat Raj –
73rd and 74th amendments and their implementation.
5. Welfare Mechanism in India: Provisions for scheduled castes, Tribes and Minorities;
Reservations for SC, ST and Backward classes; Prevention of SC and ST Atrocities Act;
National and State SC and ST Commission; Women’s Commission; National and State
Minorities Commission and Human Rights Commission.



PAPER-III


SECTION-I

PLANNING IN INDIA & INDIAN ECONOMY
6. National and per capita income and human development - Sectoral changes in the Indian
Economy (GDP and work force).
7. Indian Planning – Objectives, priorities, specific aims of the recent 5 year plan-- experience
and problems. Changes in the role of public-Private Sectors and their shares in the total
plan outlay before and after economic reforms.
8. Poverty and unemployment problems-- magnitude and measures initiated to ameliorate
them.
9. Monetary policy – Structure of Indian Banking and non-banking financial institutions and
reforms in them since the 1990s—regulation of credit by RBI.
10. Pattern of revenue, expenditure and public debt and effects on the economy.


SECTION-II

LAND REFORMS & SOCIAL CHANGES IN A.P. AFTER INDEPENDENCE
1. Historical background of land reforms and the change in laws from time to time –
Intermediaries abolition, tenancy reforms, ceilings on holdings and land issues in A.P.
2. Structure of the Andhra Pradesh economy - its sectoral and regional distribution and the
extent of poverty. Agricultural inputs and technology.
3. Demographic features and social backwardness, literacy and occupation structure;
changes in the sectoral distribution of income and employment. Socio-political and
economic empowerment of women.
4. State finances and budgetary policy – tax structure, sharing central taxes, expenditure
pattern in revenue and capital account as well as plan and non-plan accounts. Public debt
– composition - internal and external debt including World Bank loans.
5. Five year plans of AP – Outlays, financing public sector plan and resource allocation
pattern in the recent 5 year plan.
6

SECTION –III

ANDHRA PRADESH’S ECONOMY, PRESENT STATUS, ITS STRENGTHS AND WEAKNESSES
1. Growth and structure of industries in AP; Factories, small and tiny sectors, their
comparison, growth, weaknesses and problems.
2. Structure of agricultural outputs. Administrated prices including support and procurement
prices - Public Distribution System in Andhra Pradesh.
3. Regional disparities in income, industrial output, rainfall, irrigation, health and education in
AP.
4. Institutional and non-institutional sources of rural credit in AP - structure and growth -
cooperatives and their share in total credit - adequacy and problems.
5. Service Sector of AP – Importance, composition and growth with special reference to
transport and communication, tourism and information technology.

PAPER-IV


SECTION-I

ROLE AND IMPACT OF SCIENCE AND TECHNOLOGY IN THE DEVELOPMENT OF INDIA:
UNIT 1: National policy of science and technology and changes in the policy from time to time,
Technology Missions.
UNIT 2: Space programme in India and its applications with special reference to industrial, agricultural
and other rural developmental activities, INSAT and IRS systems.
UNIT 3: Role of Information Technology in Rural India, basics of computers, computers in
communication and broadcasting, software development in economic growth. Broad IT applications.
UNIT 4: Energy Resources: Energy demands, renewable energy resources, nuclear energy, the
development and its utilisation in the country.
UNIT 5: Current Science & Technology Developments in India, Climate change, Disaster
Management (Floods, Cyclones and Tsunami); Crop science in India, Fertilisers, Control of pests and
diseases – scenario in India; Drinking water and supply, urbanisation and industrial development.

SECTION-II


GENERAL AWARENESS WITH THE MODERN TRENDS IN LIFE SCIENCES

UNIT 1: Progress of Agricultural Science and its impacts - Introduction to Biotechnology: History of
fermentation development, industrially important fermentation products (antibiotics, organic acids,
alcohols, vitamins, amino acids (only one in each category is to be studied)) Production of low
volume, high value fermentation products (insulin, growth hormones, recombinant vaccines,
interferons)
UNIT 2: Plants and human affairs, characteristics of plants, usefulness for mankind, origin of
agriculture, useful and harmful plants. Introduction to animals, Domestic and wild animals, usefulness
of animals for mankind, Exploitation of animals by man for food and medical advancements.
UNIT 3: Introduction to and applications of Genetic Engineering & Stem Cell Research: Basic
concepts (the basic process of genetic engineering) – Biotechnology in agriculture (Biofertilisers,
Biopesticides, Biofuels, Genetically modified crops, Tissue culture) animal husbandry (transgenic
animals- applications) and environment (Biotechnology in Environmental clean up processes).
UNIT 4: Microbial infections ; Common present day infections and preventive measures. Introduction
to bacterial, viral, protozoal and fungal infections. Basic knowledge of infections caused by different
groups of micro organisms – diarrhoea, dysentry, cholera, tuberculosis, malaria, viral infections like
HIV, encephalitis, chikungunya, bird flu – preventive measures during out breaks.
UNIT 5: Vaccines: Introduction to immunity, Fundamental concepts in vaccination and traditional
methods of vaccine production (production of DPT and Rabies vaccine), Production of Modern
Vaccines (production of Hepatitis vaccine), Applications of immunological methods in diagnosis.
7


SECTION-III


DEVELOPMENT & ENVIRONMENT PROBLEMS:

UNIT 1: Environmental Segments, Promoting Environmental Protection, The Environment (Protection)
Act, Air (Prevention and Control of Pollution) Act, Water (Prevention and control of pollution) Act,
Water pollution Cess Act, Forest conservation Act, Environmentalism
UNIT 2: Natural Resources: Forest Resources – Types of Forests, Uses of Forests. Water
Resources- Types of Dams, Drought Occurrences and Floods, Land Resources: Soils and Cropping
patterns, Mineral resources.
UNIT 3: Eco-Systems and Bio-diversity: Terminology of Ecology, Basic Concepts of Ecology, concept
of an Ecosystem, Food Chains in Eco systems, Types of Eco systems. Biodiversity and its
conservation: Types of biodiversity, Hotspots of Biodiversity, threats to diversity.
UNIT 4: Environment Pollution and Solid Waste Management: Air Pollution, water pollution, Soil
Pollution, Noise pollution. Solid Waste Management: Types of Solid waste, Factors affecting the
solid waste generation, Impact of solid wastes, Recycling and reuse.
UNIT 5: Role of Information Technology in Environment and Human Health. Global Environmental
Issues like Climate Change, Acid Rain, Global warming, Wasteland Reclamation, Watershed
management, watershed approach for sustainable development.

PAPER-V


DATA INTERPRETATION AND PROBLEM SOLVING

1. Data appreciation and interpretation using ratios, percentages and averages.
2. Drawing conclusions from the data present in tabular, graphical and diagrammatical forms and
to point out deficiencies, limitations or inconsistencies therein.
3. Problem solving using the following:
a) Sequences and Series: Analogies of numbers and alphabets, completion of blank spaces
in a:b,c,d, odd thing out, missing number in a sequence or series.
b) Coding and decoding problems: A given word or group of letters in English are to be coded
or decoded based on the given code(s).
c) Date, time and arrangement problems: Calender and clock problems, blood relationship
and seating arrangements.
d) Passage Analysis: A duly structured situation will be presented to the candidates and they
will be asked to analyse and suggest their own solution to the problem arising out of
situation. Alternatively, they may be called upon to prove the understanding of the
situation by answering certain searching questions based on the situation.
Sd/- Secretary
DIVISIONAL ACCOUNTS OFFECERS
SYL LABUS
Paper-1 :
GENERAL STUDIES
(DEGREE STANDARD
)


1. General Science – Contemporary developments in Science and Technology and their
implications including matters of every day observation and experience, as may be
expected of a well-educated person who has not made a special study of any scientific
discipline.
2. Current events of national and international importance.

3. History of India – emphasis will be on broad general understanding of the subject in itssocial, economic, cultural and political aspects with a focus on AP Indian National Movement.
4. World Geography and Geography of India with a focus on AP.

5. Indian polity and Economy – including the country’s political system- rural development– Planning and economic reforms in India.

6. Mental ability – reasoning and inferences



Paper-2 :
ARITHMETIC
(S.S.C. STANDARD)


1. Number systems – Rational and irrational numbers-decimal representations-real
numbers-modulus of a real number – inequalities involving modulus- Primes and
composite numbers – least common multiple and greatest common divisor-surds and
logarithms.

2. Ratio and proportion-Averages-percentages-profit and loss-Discounts-Simple and
compound interests-Partnerships-Time and distance – Time and work-clocks and
calendar.

3. Polynomials-special products-factorization-Remainder theorem-Quadratic equations-
Algebraic expressions-Binomial theorem for positive integral index.

4. Sets-fundamental operations on sets-Relations and functions-Types of functions-
Matrices (utmost of type 3X3) – Matrix addition and multiplication – system of linear
Equations.

5. Statistics – Frequency table - Mean, Median and mode-rank correlation-Mean
deviation-standard deviation and variance.


PAPER 3
MENSURATION
(S.S.C Standard)


1. Areas of squares, rectangles, triangles quadrilaterals, parallelogram and trapezium.

2. Geometry of triangles and polygons-identical triangles similarity of triangles-Pythagoras
theorem and applications.

3. Surface area and volumes of solids such as Sphere, Cylinder, Cone and Prism.

4. Geometry of Circles-Common tangents to two Circles and their properties-Chords and
sectors of circle.

5. Coordinates in two-dimension plane-Distance formula-area of triangle-Equation of
straight line in different forms-Applications -Trigonometric ratios and their values for
special angles-simple trigonometric identities.

Saturday, September 27, 2008

all india 5th ranker

SRI DHARBABU – INTERVIEW
( 5TH RANKER IN 2007 CIVIL SERVICES )



I was interviewed on April, 11,2008 afternoon by D.P. Agarwal Board.
I wore grey coloured suit that afternoon. I was at the U.P.S.C. Main Gate by
1:14 pm. I was allowed in to U.P.S.C. exactly at 1:15 pm.

After completing all the formalities I came to know that I was the Third Person
To be Interviewed. I passed my time by having a light that with the other candidates and boosting my confidence by saying to may self that I will do my bet that day.

My turn came at around 4:00 pm. While going into the Interview Room,
I said to may self that, It was the Greatest Day of My Life and I will give my best.
The Board comprised of one lady member and four male members including the
Chairman D.P. Agarwal.

ASB: May I come in sir?
Voice: Yes Please come in.
ASB: Good afternoon Madam. Good afternoon sirs.
Chairman: Good afternoon. Please take you seat.
ASB: Thank you sir.
Chairman: Why did you wear a suit in this hot summer?
ASB: Sir, today is the most important day in my life. I like to be the best on this day.
That is why I wore suit.
Chairman: Don’t you think it is irritating in this summer?
ASB: Sir, I am used to wearing suit. Moreover, I know that I will always be in A.C.
In U.P.S.C.
Chairman: How many times in your life time did you war the suit?
ASB: I wore some 5 or 6 times till now.
Chairman: Do you think wearing 5-6 times means – ‘used to ‘ ?
When did you wear suit for the first time?
ASB: Sir, I wore for the first time on April 11, 2007 (Last year exactly this date)
Last year through Civil Services Exam-2007. In I.P.S. there will be formal occasions
Where we are required to wear suit. Therefore I said that I am used to wearing suit.
Chairman: Mr.Sridhar Babu, do you know that an Indian Intellectual named Mr.xxxxx
(Not M.F.Hussain) ( I could not recollect the name ) was not allowed into a
Function premises due to his dress/attire? He did not wear suit.
ASB: Sorry sir, I do not know about that issue.
Chairman: How important is the attire in attending functions? And even in colleges?
Some Universities have even put restriction on girls wearing skirts what do you think about this?


1
ASB: Sir, I thing the choice of dress should be left to the individual. There should not
Be any external force to wear or not to wear a particular type of dress, after the
Individual is able to decide his choices on his own.
Chairman: But don’t you see a threat to our culture? Should the culture not be
Imparted in the educational institutions?
ASB: Sir, the greatness of our culture should be know to the4 students at their
Younger age, say in the schools. After that the people should be left free to choose
Everything. I don’t thing there should be moral policing ……….. ( I am about to
Say much more…)
Chairman: Now you said. ‘Moral policing’. What is Moral Policing? You only said
“ Moral Policing”.
ASB: Sir, I would like to explain this concept with an example. One the Valentines day, Some Shiv sena activities, Bajarangdal Activists for the youth not to celebrate
That day. They become proactive and see that foreign culture does not corrupt
The indigenous cultures. This is ‘Moral Policing’. Though, they are not required to do
All this, they does this.
Chairman: Is Moral Policing good or bad? Don’t you thing with out this, our culture
Would be corrupted?
ASB: Sir, as I already said, the choice should be left to the individual culture. Should be imparted to the young and to the students at the school level at the best to the
+2 level. Therefore, there is no need for moral policing. And this moral policing in
My view does not any way help in checking the culture . . . . . . .
( At this point he pointed out to another member)
M1: Mr.Sridhar, you have written that you have own prizes in essays?
What prizes did you win and what essays did you write?
ASB: Sir, I used to write essays and send it for various competitions and various magazines.
The remarkable priz3es are - first prize given by the Andhra Pradesh State Government Forest Department, in my tenth class. The others being- first and
Second prizes in Civil Services Chronicle Essay Contests, the Prizes in Competition
Refresher, General Knowledge today etc.
M1: Name some essays you have written.
ASB: I wrote about - Man proposes God Disposes. The importance of forests to
Mankind. The Language problem in India. The impact of Globalization, Liberalization, the Position of Women in India.. . .. . . .
M1: What did you write about Women?
ASB: Sir, I got second Prize for this essay.. . . . .
M1: Sridhar, tell us what you have written in the essay.
ASB: Yes Sir, I have Strongly argued that women should be protected as they
Are vulnerable. . . . . .
Chairman: Speak up Sridhar, what did you write?


2
ASB: Sir, I have highlighted the importance of women in the society and wanted
People to be sensitive towards the problems faced half of the society. I wanted reservation for women in every walk of life where they are underrepresented.
M1: Why do you want women reservation?
ASB: Sir, the basic premise for reservation itself is to see that every person gets
Equality of Opportunity. It is a means to enforce the equality before las.
I really feel that historical injustice is done to women like the scheduled Castes.
And also feel that, like the scheduled Tribe people, they also should be given opportunity to come into the mainstream.
M1: Do you think that ‘Reservation’ should be given to all people and carried on forever?
ASB: Sir, as I said ‘ Reservation Policy’ is mainly to bring equality. That is why I
Feel that Reservation should be extended to all those deprived people.
But there should be a clear cut formula to know who are really deprived.
Reservation should not be based on Caste or Community alone. As the National
Knowledge Commission (NKC) recommended, there should be a deprivation index
Based on the Candidates, Community, Sex, Urban or Rural Background, Economic
Criteria etc.
Regarding the time span to which this reservation is to be there reservation should be stopped at the point where there would be equality of opportunity
( in every aspect ). That is why, targeting the reservation to the deprived, and once an individual crosses the limit, not extending reservation anymore . . . should be the
Wayout. . .
M1: You have written that you hobby is visiting new places. What places did you visit till now?
ASB: Sir, I have visited almost all the parts of the country. I visited Mumbai, NewDelhi, Kolkata, Chennai, all parts of Andhra Pradesh, Tamilnadu, Karnataka. . .
M1: Tell me the places you have visited. . .
ASB: Agra, Patna, Gauwhati, Dehradun, Darjeeling, Sanchi, Bhopal, Nasik, Ajanta,
Ellora, Aurangabad……
M1: What is there to see in Aurangabad?
ASB: Sir, there is Daulatabad Fort, Panchakki, Bibi-ka-makbara, Aurangazeb’s tomb…
M1: What is Bibika Makbara?
ASB: It is a Replica of Tajmahal in Aurangabad. It is build by Aurangazeb’s son for
Aurangazeb’s wife, for her remember…..
The first member finished . .. . Chairman wanted second member to take over.
M2: Sridhar Babu Addanki . . . . You said you are in Police Service. When did you get into it?
ASB: Sir, I got into IPS through Civil Services Exam-2007( I am continuing….. but he asked next question. )
M2: So, you have gone into IPS in May 2007.
ASB: The training for Civil Servants begin with foundation course in August 2007
And the professional training for IPS starts in December 2007.
3
M2: Where are you trained?
ASB: Sir, the training to Indian Police Service is imparted to the probationer of
IPS in Sardar Vallabhbhaipatel National Police Academy at Hyderabad.
M2: How is the Training like?
ASB: The Training has two components. The indoor and the outdoor.
The day in Police Academy starts with Outdoor. We run for about 6 km per day, do the drill, riding the horse, firing various weapons, swimming, weapon assembling,
Stripping, mechanism etc. Indoor work comprises of subjects like Indian Evidence Act, Criminal Procedure Code, Indian Penal Code, Criminology, Police in Modern India, Forensic Science, Forensic Medicine, infor. . . . . . ( Did not allow me to Complete )
M2: What are your service Options?
ASB: Sir, I have Opted only I.A.S. This time.
M2: Why did you not Opt for I.F.S.? Don’t you want to serve the Government of India form other country?
ASB: Sir, as you said, we have to serve form other country. Given a Chance,
I would like to serve from my own country. Moreover I.A.S. would have a wider
Scope to serve the maximum number of people, and to serve maximum people is my personal choice.
M2: Which cadre you have got in I.P.S.?
ASB: Cadres are awaited in I.P.S.
M2: In which cadre do you want to work?
ASB: Obviously my home state – Andhra Pradesh Sir.
M2: Why do you want to work in A.P. Only?
ASB: Sir, A.P. is my first preference only. If the Government. . . . . .
M2: What is your Second Preference?
ASB: Any State is Southern Part of the country because my family has also to be with me and the culture in Southern part is almost the same as in A.P.
( At this point M2 indicated that his part is over. Chairman wanted M3 to ask me. )
M3: Mr. Addanki, you just said that you travel a lot. How do you plan your travel?
ASB: Sir, before choosing a place to travel, I would know the information about the
Place. The places of select are the World Heritage Sites, the most Famous beauty etc.
M3: Where do you get the information from?
ASB: Internet has tremendous information. I get most of the information from the
Indian Tourism Office, the Tourism Corporations of Various States, their brouchers. Etc.
M3: What after the information?
ASB: I like to travel in train. I plan my journey in such a way that I travel at nights
And reach the place in the day. I choose the trains and does reservation like that.
M3: Where do you Stay?


4

ASB: I plan and that I need not stay during nights. I travel to another place at night.
I take bath and get fresh up in the trains only. I use cloak-room for putting/
Safequarding my luggage and set out with pen, dairy, camera etc. If ever I have to stay because of lot many place, I reserve hotel rooms, or use dormitory in the
Railway Station it say.
M3 : After getting down from the train, how do you find the place where you want to go?
ASB: I would interact with people, the rickshaw walas, the auto peoples, the hotel and shop-keepers, and passers by I found that these people would be very happy to guide and help.
M3: What do you get from this travel?
ASB: (After some pause ) Sir, I may not clearly explain my great pleasure and immense satisfaction by traveling. I love traveling . . . When I am in the train, I like seeing various objects, town, people from the window of the running train.
When I am in some far-off place, I love the food habitat there. For example ‘Lattu’ of Bihar was not known to me till I traveled. Nor I expected lot of sweats in Agra or Kolkotta.
M3: Do you know what is happening is China?
ASB: Yes Sir, There is a challenge to the one-china policy as there are disturbances and protests in Tibet.
M3: Do you know that U.S.S.R has been disintegrated and why did it disintegrate?
ASB: Yes Sir, In 1991, U.S.S.R was disintegrated. It was the culmination of cold-war. As Russia could not hold the integration for a long period of time, due to financial constraints, U.S.S.R. had to disintegrate.
M3: Why could China remain one-china, while U.S.S.R could not remain integrated? What is the difference between China and Russia.
ASB: Sir, with my limited Knowledge and understanding, I could gathers that
Democratic norms have been followed in U.S.S.R or Russia, While China is not a true Democratic country at all.
M3: O.K.
( At this point, Chairman indicated that last member, who is a Lady member – ask questions. )
L/M 4: Mr. Addanki, you said you love food in various places and you are from Andhra. Do you know which kinds of Pickles are prepared from Raw Mango.
ASB: Yes madam, there are different kinds of pickles made of mango Andhra People make Aavakaya, Maagaya, Tokku pacchadi, Doosa avakaya, etc.
M4: Do you know how ‘Avakaya’ is prepared?
ASB: Yes Madam I know it.
M4: How do you know?
ASB: Every year, on the eve of summer, my mother prepares avakaya and I help her in each and every part of preparation, right from buying the mango, its selection, cutting .. . . . till packing/storing in a Jar name “Jaadi’.
M4: If you are asked to prepare it now, can you do it?
ASB: Yes madam , I can.
5
M4: You know I, preparing / making a pickles is not easy. Are you still confident of
Preparation?
ASB: Yes madam, I am confident, as I know each step of it.
M4: Mr. Addanki, You said you have written essay regarding women. Do you know that women trafficking is very very high in the districts like Warangal, Karimnagar,
Khammam of Andhra Pradesh?
Shy do you think that women themselves are willing to be a part of flesh trade?
ASB: This is mainly because of Poverty in the backward areas of Andhra Pradesh.
Women would be left with no option but to resort to this.
M4: If you become a collector and have to rehabilitate these people. . . .
These poor women what will be you action?

ASB: Madam, I see that they get gainful employment in various government
Programmes like N.R.E.G.A., Swarna jayanthi . . . . . . .
M4: Mr. Addanki, do you think their families would welcome them back?
ASB: Yes madam, I think the women have gone into the flesh trade, as there
Was no option and family knows the realities and circumstances. Therefore, when they are rehabilitated they will be welcomed back.
M4: I have been to places where NREGA / P is being implemented. I have observe that men are not willing to work with women as both are paid equally. How do you convince men to work with women?
ASB: Madam, In our country work is a scarce commodity. If those men does not
Work with women, some others will get the opportunity to work. Moreover, in NREGP, One able bodied person ( either male / women ) per family would be allowed to work . . . . . . . .
( At this Point Chairman integrated. )
Chairman: No! No! Don’t get Confused. You have convince these men only work for equal pay.
ASB: Sir, I then Educate people about the importance of women. I will let them know how much women work as a house – wife and then as the wage-earner. . . ..
( I am still saying something.)
Chairman: Educate . . . .? then you will set up schools . . . . ( Laughs )
( Other Members Smile. )
Chairman: Yes Mr. SRIDHAR BABU. ADDANKI. Your personality test is finished.
Thank you.
ASB: Thank you, Sir.
( I got up from the Chair, thanked every member and came out of the interview room.)
My interview about 35 Minutes. I tried to reproduced the interview as it was.
There might be slight change is wording. But the content was almost the same. )


Monday, September 22, 2008

national commission for SCs






1.1 The framers of the Constitution took note of the fact that certain communities in the country were suffering from extreme social, educational and economic backwardness arising out of age-old practice of untouchability and certain others on account of this primitive agricultural practices, lack of infrastructure facilities and geographical isolation, and who need special consideration for safeguarding their interests and for their accelerated socio-economic development. These communities were notified as Scheduled Castes and Scheduled Tribes as per provisions contained in Clause 1 of Articles 341 and 342 of the Constitution respectively.
1.2 With a view to provide safeguards against the exploitation of SCs & STs and to promote and protect their social, educational, economic and cultural interests, special provisions were made in the Constitution. Due to their social disability and economic backwardness, they were grossly handicapped in getting reasonable share in elected offices, Government jobs and educational institutions and, therefore, it was considered necessary to follow a policy of reservations in their favour to ensure their equitable participation in governance. For effective implementation of various safeguards provided in the Constitution for the SCs & STs and various other protective legislations, the Constitution provided for appointment of a Special Officer under Article 338 of the Constitution. The Special Officer who was designated as Commissioner for SCs & STs was assigned the duty to investigate all matters relating to the safeguards for SCs and STs in various statutes and to report to the President upon the working of these safeguards. In order to facilitate effective functioning of the office of the Commissioner for SCs & STs 17 regional offices of the Commissioner were set up in different parts of the country.
1.3 On persistent demand of the Members of Parliament that the Office of the Commissioner for SCs & STs alone was not enough to monitor the implementation of Constitutional safeguards, a proposal was moved for amendment of Article 338 of the Constitution (46th Amendment) for replacing the arrangement of one Member system with a Multi-Member system while the amendment to Article 338 was still under consideration, the Government decided to set up a Multi-Member Commission through an administrative decision vide Ministry of Home Affairs’ Resolution No.13013/9/77-SCT(1) dated 21.7.1978. The first Commission for SCs & STs was, therefore, set up in August, 1978 with Shri Bhola Paswan Shastri as Chairman and other four Members. The field offices of the erstwhile Commissioner for Scheduled Castes and Scheduled Tribes, which were transferred under the control of DG backward classes welfare in 1965, were brought back under the control of this Commission. The functions of the Commission for SCs & STs broadly corresponded with those of the Commissioner for SCs & STs.
1.4 The functions of the Multi-Member Commission set-up in 1978 were modified vide Ministry of Welfare’s Resolution No. BC-13015/12/86-SCD VI dated 1-9-1987 and the Commission for SCs & STs was renamed as the National Commission for Scheduled Castes and Scheduled Tribes. It was set up as a National Level Advisory Body to advise the Government on broad policy issues and levels of development of Scheduled Castes and Scheduled Tribes.
1.5 The statutory National Commission for Scheduled Castes and Scheduled Tribes (hereinafter referred to as the Commission) came into being consequent upon passing of the Constitution (Sixty fifth Amendment) Bill, 1990 which was notified on 8-6-1990 (Annexure I of the handbook) and the Rules there under were notified on 3-11-1990. The first Commission under the Constitution (65th Amendment) Act was constituted on 12-3-1992 replacing the Commissioner for Scheduled Castes and Scheduled Tribes and the Commission set up under the Ministry of Welfare’s Resolution of 1987. The first Commission consisted of Shri Ram Dhan as the Chairman, Shri Bandi Oraon as the Vice-Chairman and Shri B. Sammaiah, Dr. Sarojini Mahishi, Choudhary Hari Singh, Shri N. Brahma and Shri Jina Bhai Darjee as Members.
1.6 The second Commission was constituted on 5-10-1995 with Shri H. Hanumanthappa as Chairman and Smt. Omem Moyong Deori as Vice-Chairperson. The Members of the Commission were Shri N.C. Chaturvedi, Shri Anand Mohan Biswas, Ven. Lama Lobzang, Shri Nar Singh Baitha and Shri B. Yadaiah.

1.7 The third Commission was constituted in December, 1998 vide Ministry of Social Justice and Empowerment’s Notification No.5035(E) dated 27th January,1999 consisting of Shri Dileep Singh Bhuria as the Chairman, Shri Kameshwar Paswan as the Vice-Chairman and Shri Harinder Singh Khalsa, Ven. Lama Lobzang, Shri Chhotray Majhi and Shri M. Kannan as Members, Smt. Veena Nayyar, Member was also appointed as Member vide Ministry of Social Justice & Empowerment'’ Notification No. S.O. 529 (E) dated 30th June 1999. On the resignation of Shri M. Kannan, Shri C. Chellappan was appointed, as Member vides Ministry of Social Justice & Empowerment’s Notification No. S.O. 722 (E) dated 3-7-2000.
1.8 The fourth Commission was constituted in March, 2002 vide Ministry of Social Justice and Empowerment’s Notification No. S.O. 351 (E) dated 21-3-2002 consisting of Dr. Bizay Sonkar Shastri as the Chairperson, Ven. Lama Chosphel Zotpa, Vice-Chairperson and Shri Vijay Kumar Choudhary, Shri Narayan Singh Kesari and Shri Tapir Gao as Members, Smt. Veena Premkumar Sharma assumed office on 23-8-2002 as Member and Shri C. Chellappan as Member completed his tenure on 2nd July, 2003. Shri Sampath Kumar assumed office on 30-9-2003 in place of Sh. C. Chellappan.
1.9 Consequent upon the
Constitution (Eighty-Ninth Amendment) Act , 2003 (Annexure II of the handbook) coming into force on 19-2-2004 vide Notification of that date (Annexure III of the handbook) the erstwhile National Commission for Scheduled Castes & Scheduled Tribes has been replaced by (1) National Commission for Scheduled Castes, and (2) National Commission for Scheduled Tribes. The Rules of the National Commission for Scheduled Castes were notified on 20th February, 2004 by the Ministry of Social Justice & Empowerment (Annexure IV of the handbook) . National Commission for Scheduled Castes was constituted with S/Shri Suraj Bhan, Chairperson, Fakirbhai Vaghela, Vice-Chairperson, Phool Chand Verma, V. Devendra and Smt. Surekha Lambture as Members.

The Chairman and Vice-Chairman of the Commission has been conferred the status of Union Cabinet Minister and Union Minister of State and the Members of the Commission will enjoy a rank of Secretary to the Government of India.




1. FUNCTIONS AND DUTIES OF THE COMMISSION

1.1 The functions, duties and power of the Commission have been laid down in clauses(5), (8) and (9) of the
Article 338 of the Constitution. (Annexure-II) of the handbook



Clause (5): It shall be the duty of the Commission: -

(a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;
(b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes;
(c) to participate and advise on the planning process of socio-economic development of the Scheduled Castes and to evaluate the progress of their development under the FUNCTIONS Union and any State;
(d) to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
(e) to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Castes; and
(f) to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Castes as the President may, subject to the provisions of any law made by Parliament, by rule specify.

Clause (8) : The Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of clause (5), 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 documents;
(c) Receiving evidence on affidavits;
(d) Requisitioning any public record or copy thereof from any ourt or office;
(e) Issuing commissions for the examination of witnesses and documents;
(f) Any other matter which the President may by rule, determine;

Clause (9)- The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Castes.
2. CONSTITUTIONAL SAFEGUARDS
The important Constitutional Safeguards for Scheduled Castes is mentioned below:-
(A) Development and Protective Safeguards
These safeguards are contained in the Directive Principles of State Policy of the Constitution and a specific provision in Article 46 which is a comprehensive provision comprising both the developmental and regulatory aspects. It reads as follows:-
Article 46 “The State shall promote with special care the educational and economic interests of the weaker sections of the people, and in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation”.(B) Social Safeguards
Article 17 “Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offence punishable in accordance with law.
To give effect to this Article, Parliament made an enactment viz., Untouchability (Offences) Act, 1955. To make the provisions of this Act more stringent, the Act was amended in 1976 and was also renamed as the Protection of Civil Rights Act, 1955. As provided under the Act, the Government of India also notified the Rules, viz, the PCR Rules, 1977, to carry out the provisions of this Act. As cases of atrocities on SCs/STs were not covered under the provisions of PCR Act, 1955, Parliament passed another important Act in 1989 for taking specific measures to prevent the atrocities. This Act known as the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, became effective from 30-1-1990. For carrying out the provisions of this Act the Govt. of India have notified the SCs and STs (Prevention of Atrocities) Rules, 1995 on 31-3-1995. Copies of PCR Act, 1955, PCR Rules 1977, the SCs and the STs (POA) Act, 1989 and the SCs and STs (POA) Rules 1995 are placed at Annexures-V, VI, VII and VIII of the handbook respectively.
Article 23 prohibits traffic in human beings and beggar and other similar forms of forced labour and provides that any contravention of this provision shall be an offence punishable in accordance with law. It does not specifically mention SCs but since majority of bounded labour belong to SCs this Article has a special significance for these communities. In pursuance of this Article, Parliament has enacted the Bonded Labour System (Abolition) Act, 1976. For effective implementation of this Act, the Ministry of Labour is running a Centrally Sponsored Scheme for identification, liberation and rehabilitation of bonded labour.
Article 24 provides that no child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment. There are Central and State laws to prevent child labour. This Article is also significant for SCs as a substantial portion of child labour engaged in hazardous jobs belong to these groups.
Article 25(2) (b) provides that Hindu religious institutions of a public character shall be thrown open to all classes and sections of Hindus. This provision is relevant as some sects of Hindus used to claim that only members of the concerned sects had a right to enter their temples. This was only a subterfuge to prevent entry of SC persons in such temples. For the purpose of this provision the term Hindu includes Sikh, Jain and Buddhist.
(C) Economic Safeguards
The provisions of Articles 23, 24 and 46 mentioned above also form part of the economic safeguards for Scheduled Castes.
(D) Educational and Cultural Safeguards
Article 15(4) empowers the State to make any special provision for the advancement of any socially and educationally backward classes of citizens or for SCs and STs. This provision w as added to the Constitution through the Constitution (First Amendment) Act, 1951, which amended several Articles. This provision has enabled the State to reserve seats for SCs and STs in educational institutions including technical, engineering and medical colleges and in Scientific & Specialized Courses. In this Article as well as in Article 16(4) the term ‘backward classes’ is used as a generic term and comprises various categories of backward classes, viz., Scheduled Castes, Scheduled Tribes, Other Backward Classes, De-notified Communities (Vimukta Jatiyan) and Nomadic/Semi nomadic communities.
(E) Political Safeguards
Article 164(I) provides that in the States of Bihar, Madhya Pradesh and Orissa there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work.
Article 330 provides for reservation of seats for SCs and STs in the Lok Sabha.
Article 332 provides for reservation of seats for SCs/STs in the State Vidhan Sabhas (Legislative Assemblies).
Article 334 originally laid down that the provisions relating to the reservation of seats for SCs/STs in the Lok Sabha and State Vidhan Sabhas (and the representation of the Anglo-Indian community in the Lok Sabha and the State Vidhan Sabhas by nomination) would cease to have effect on the expiration of a period of ten years from the commencement of the Constitution. This Article has been amended five times, extending the said period by ten years on each occasion. This provision will now expire in January, 2010.
Article 371A contains special provisions with respect to Nagaland.
Article 371B contains special provisions with respect to Assam.
Article 371C contains special provisions with respect to Manipur.
Article 371F contains special provisions with respect to Sikkim.

(F) Service Safeguards

Article 16(4) empowers the State to make “any provision for the reservation in appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State”.Article 16(4A) specific that nothing in this Article shall prevent the State from making any provision for reservation in matters of promotion, “with consequent seniority” to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State”.
Article 16(4B) –“Specific that nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty percent reservation on total number of vacancies of that year”.Article 320 (4) provides that nothing in clause (3) shall require a Public Service Commission to be consulted as respects the manner in which any provision under Article 16(4A) may be made or the manner in which effect may be given to the provisions of Article 335Article 335 mentions that the claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making to appointments to services and posts in connection with the affairs of the Union or of a State”
“Provided that nothing in this Article shall prevent in making of any provision in favor of Member of SCs & STs for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion to any class or classes of services or posts in connection with affairs of Union or of a State” (Constitutional 82nd Amendment,-Act, 2000).
3. STATUTES AND LEGISLATIONS
There are a number of laws, both Central and State, which provide for safeguards to SCs. Some of these emanate from the various Constitutional provisions. An illustrative list of such laws is given below:
-
The Protection ofCivil Rights Act- 1955(in respect of Scheduled Castes)
-
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
- The Bonded Labour System (Abolition) Act, 1976 (in respect of Scheduled Castes)
- The Child Labour (Prohibition and Regulation) Act, 1986 (in respect of Scheduled Castes)
- The Minimum Wages Act 1948 (in respect of Scheduled Castes)
- Acts and regulations in force in different States to prevent alienation of land belonging to SCs. In some States such provision exists in the Land Revenue Code.
4. SOCIO-ECONOMIC DEVELOPMENT
4.1 Section (9) of the Article 338 of the Constitution reads as follows:
“The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Castes.”
The Constitution has made it mandatory for the Union and every State Government to consult the Commission on all major Policy matters affecting SCs. This is very important function of the Commission, which has to keep track of all the major policy decisions, Legislative of Executive action taken by the Government of India or any State Government.

4.2 As per the provisions of Clause 5 (c ) of Article 338, the Commission is required to participate and advise on the planning process of socio-economic development of SCs and evaluate the progress of their development under Union and any State. The role of the Commission in these areas involve interaction at various levels, i.e., with the Planning Commission, with the Central Ministries and with the State Governments. The Commission and its officers both at Headquarters and the State offices participate in formulation of policies and the developmental programmes for SCs including Special Component Plan for Scheduled Castes.

5. PROCEDURE FOR INQUIRY

5.1 Inquiry into specific complaints
The Commission is required to inquire into specific complaints with respect to the deprivation of rights and safeguards of Scheduled Castes. In order to enable the Commission to perform this function effectively and efficiently, the Commission would like the members of Scheduled Castes to know that it will be helpful to inquire into their grievances if they substantiate their complaints with supporting documents and quote the relevant provisions of the Act or Rules directions which have been violated.




5.2 The following aspect may be kept in mind while filing complaints before the Commission.
(a) The complaint should be directly addressed to the Chairman/Vice-Chairman/Secretary, National Commission for Scheduled Castes, New Delhi or the heads of its State Offices.
(b) The complaints should disclose his full identity and give his full address and should sign the representation.
(c) Complaints should be legibly written or typed and, where necessary, supported by authenticated documents.
(d) No action will be taken on matters which are sub-judice. Hence sub-judice matter need not be referred to the Commission as complaint(s).
(e) Cases pending in courts or cases in which a court has already given its final verdict may not be taken up afresh with the Commission.

5.3 Inquiry into cases of atrocities
5.3.1 Whenever information is received in the Commission about any incident of atrocity against a person belonging to Scheduled Castes, the Commission would immediately get in touch with the law enforcing and administrative machinery of the State and the district to ascertain the details of incident and the action taken by the district administration.
5.3.2. The Commission ensures the following while by monitoring and issuing instructions to the concerned authorities.
(i) Whether the scene of occurrence of the crime has been visited immediately by Collector and Supdt. of Police of the district on receipt of information.
(ii) Whether proper FIR is registered in local Police Station.
(iii) Whether names of all the persons involved/cited by the complainant has been included in the FIR.
(iv) Whether investigation has been taken up by a Senior Police Officer as per provisions of
SCs & STs (POA) Act- 1989.
(v) Whether culprits has been apprehended and booked without loss of time.
(vi) Whether proper charge sheet is filed mentioning the relevant sections of IPC together with the
PCR Act-1955 and SCs & STs (POA) Act-1989 in Court.
(vii) Whether the cases are tried by the Special Courts.
(viii) Whether special Public Prosecutors are appointed to handle these cases.
(ix) Whether Police assists the courts in bringing forward witnesses and see that the culprits are suitably punished by the courts.

5.3.3 The Commission will also monitor that
(i) The victims are provided with suitable medical assistance and on time;
(ii) Adequate protection is arranged for the victims of such incidents by providing police protection by stationing a police party, by patrolling, etc;
(iii) To see that proper compensation is paid to the victims as per provisions of law.
5.3.4 The Commission will, wherever possible depending upon the gravity and circumstances of the case, visit the place of incident to oversee the arrangements and to console and infuse confidence among the victims.
5.3.5 The Commission has laid down detailed procedure for conducting such inquiries and monitoring at all levels. Such inquiries can be conduced by the Members of the Commission or Teams of Investigators from Headquarters or State office of the Commission.5.4 Powers of the Commission to act as a Civil CourtWhile investigating any matter referred to in sub-clause (a) or inquiring into specific complaints under sub-clause (b) of the clause (5) of
Article 338 of the Constitution, the Commission shall have the powers of a Civil Court trying a suit and in particular in respect of the following matters:
(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 of any public record or copy thereof from any court of office;
(e) Issuing commissions for the examination of witnesses the documents;
(f) Any other matter which the President may, by rule, determine.
5.5 Power to regulate its own procedureClause 4 of the amended
Article 338 of the Constitution empowers the Commission to regulate its own procedure for a meaningful performance. The Commission has framed the Rules of Procedure. A copy of the Rules of Procedure of the National Commission for Scheduled Castes as notified on 1st September, 2004 at given (Annexure X ) of the Handbook.
6. APPROACH AND METHODOLOGY ADOPTED BY THE COMMISSION.6.1. Keeping in view its Constitutional obligations and the issues that are now critical, after almost half a century of independence, for the overall development and mainstreaming of the Scheduled Castes, the present Commission, constituted in February, 2004 has adopted a more vigorous approach in its functioning. The meetings of the Commission are held regularly and the implementation of decisions taken is monitored keenly.
6.2 In order to monitor and evaluate the impact of development schemes, the Commission has decided to interact with the State/UT Governments more actively by holding State level review meetings with the Chief Secretaries and other senior officers and conducting field level visits. The Commission feels that as a result of these visits and meetings, the State/UT Governments will become more conscious of the genuine problems of the Scheduled Castes and would take the necessary initiative in working out remedial measures and adopting appropriate strategies.
6.3 The Commission, through its Headquarters and State Offices has also conducted field level inquiries and studies. This process has been given a renewed vigour with a view to ensure prompt relief, specially in matters, relating to crimes and atrocities on Scheduled Castes and the grant of development benefits.
6.4 The procedure for investigating into complaints, especially with reference to violation of service safeguards, has also been streamlined to ensure prompt and speedy disposal of cases and relief in genuine cases. By calling officers and concerned Liaison Officers to the Commission with all relevant records, many long pending cases are being decided in one or two sittings. The Commission has also used its powers of Civil Court to summon documents and enforcing attendance in conducting the inquiries.
6.5 The Commission is of the view that it is only through proper planning and effective implementation of appropriate schemes for development that the Scheduled Castes can hope to catch up with the rest of the population and realize their full potential. The Commission has, thus, made a beginning by actively associating itself and participating in the planning process at the National and State levels. Regular communication is being maintained with the Planning Commission, Ministry of Social Justice & Empowerment and the State/UT Governments. The Annual Plans of the Central Ministries, States and UT Governments are being analysed in the Commission to this end with the support of its State Offices.
7. Consultation with Commission
Under the amended Article 338 (9), it has been provided that the Union and State Governments shall consult the Commission on all major policy matters affecting the Scheduled Castes. The Commission has impressed upon all concerned that this provision should be strictly enforced, as a result of which many Bills and other Policy matters affecting Scheduled Castes is now being received in the Commission for its views. The Commission would like to reiterate the obligatory nature of this provision and solicit the support of all concerned to bring to its notice new policies and change in existing policies, which have a bearing on the interests of SCs.
8. COMMISSION’S REPORT8.1 Clause 5(d) of Article 338 provides “to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards” and Clause 5(e) provides “to make in such reports, recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Castes.”
8.2 As per provision of these Clauses it is the duty of the Commission to present annually a report upon the working of Constitutional safeguards and measures taken by the Union and the States for the protection and welfare of the Scheduled Castes. In this series the erstwhile National Commission for Scheduled Castes and Scheduled Tribes has presented seven Annual Reports and four Special Reports during the period from 12th March, 1992 to 19th February, 2004 containing a number of recommendations.
8.3 Clause 6 of Article 338 provides, “The President shall cause all such reports 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 such recommendations.
8.4 Clause 7 of Article 338 provides, “Where any such report or any part thereof relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State 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 non-acceptance, if any, of any of such recommendations.
9. Organisational set up of the Secretariat of the CommissionThe National Commission for Scheduled Castes functions from the Headquarters located at New Delhi and from 12 State Offices of the Commission located in various States/UTs. The location and jurisdiction of these Offices and designation of officeheads is given at
Annexure-XI of the handbook.
9.1 There are four Wings at Hqrs.
1. Administration & Coordination Wing
2. Service Safeguards Wing
3. Atrocities and Protection of Civil Rights Wing
4. Economic & Social Development Wing
9.2 Administration and Co-ordination Wing
This Wing looks after personnel management of officers and staff of the Secretariat of the Commission and provide administrative support in the functioning of the Commission. The Co-ordination Wing co-ordinates the various activities being performed in the Commission, including making arrangements for holding internal meetings of the Commission as well as with State/UT Administrations for reviewing the implementation of constitutional safeguards.
9.3
Service Safeguards Wing
This Wing is dealing with the implementation of service safeguards provided to Scheduled Castes in the Central/State Government services as well as Central and State Government Public Sector Undertakings. All representations/complaints relating to Scheduled Castes persons about their service matters are dealt within this Wing. In addition, policy matters relating to enactment/Government orders and instructions pertaining to representation of Scheduled Castes in service, evaluation studies/surveys relating to implementation of the various Constitutional safeguards in respect of service matters are dealt in this Wing. Cases relating to false caste certificate and inclusion or exclusion of caste(s) in Scheduled Castes list are also dealt in this Wing.
9.4
Atrocities and Protection of Civil Rights Wing
This Wing is dealing with matters pertaining to atrocities caused on Scheduled Castes and cases relating to protection of Civil Rights Act, the Bonded Labour System (Abolition) Act, the Minimum Wages Act, etc. either on receipt of complaint from individuals or from newspapers report. Evaluation studies/surveys on these subjects are also conducted by this Wing.
9.5
Economic and Social Development Wing This Wing is dealing with matters relating to development of Scheduled Castes particularly implementation and monitoring of plan schemes of the Central/State Governments. Some of the specific items of work handled by this Wing are:
(i) Special Component Plan for Scheduled Castes
(ii) National Scheduled Castes Finance and Development Corporation.
(iii) Representations/complaints made by Scheduled Castes persons regarding their grievances on matters other than atrocities, untouchability practices and service matters;
(iv) Social Research Institute and other research bodies;
(v) Land Reforms Acts and their implementation;
(vi) Education Schemes for Scheduled Castes etc.
10. FUNCTIONS OF STATE OFFICES OF THE COMMISSION 10.1 The State Offices of the Commission work as ‘eyes and ears’ of the Commission. They keep a watch on the formulation of policy and issue of guidelines relating to the welfare of Scheduled Castes in the respective States/UTs under their jurisdiction and keep the Commission Headquarters informed about the developments periodically. Policy decisions taken by any State Government/UT Administration affecting the interest of the Scheduled Castes are brought to the notice of the concerned authorities for necessary modifications. The State officers are requested to liaise with the State/UT Administration for taking up evaluation and other studies to assess the working of various development programmes implemented for the welfare of the Scheduled Castes and their impact on ameliorating the socio-economic conditions of the target groups. The findings of the studies are brought to the notice of the concerned State Government for taking remedial measures. The main observations are highlighted in the Commission’s Report.
10.2 The State Offices of the Commission are required to interact with the State Administrations and guide them with a view to see that the interests of the Scheduled Castes is protected and promoted while in formulating plans and policies. The State Offices also monitor the utilization of funds earmarked for plans pertaining to Scheduled Castes including keeping a watch on diversion of funds from Special Component Plan.
10.3 Each of the State Offices sends Quarterly Report to the Commission Hqrs. on the activities undertaken by them highlighting major issues relating to welfare of Scheduled Castes in each States/UT under their jurisdiction. These reports contain useful information about the developments in a State and enable the Commission to have an overall view in respect of various States as well as national situation for taking appropriate action.





Organizational chart

Chairman




Secretary

Director

Director/Deputy Secretary (ESDW)

DIG(P)/Deputy Secretary (APCR)









Acts & Amendments


»
Constitution (Sixty-fifth) Amendment Act-1990.
»The Consitution (Eighty-Nineth) Amendment Act 2003.
» Notification of Constitutional (Eighty-Ninth) Amendment Act, 2003 coming into force.
» The National Commission for Scheduled Castes, Chairperson, Vice-Chairperson and Members (Condition of Service and Tenure) Rules, 2004.
» The Protection of Civil Rights Act, 1955.
» The Protection of Civil Rights Rules, 1977
» The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989.
» The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules,1995.
» Norms for Relief Amount. Uniform definition of Physically Handicapped
» The Constitution (Seventy-Seventh Amendment) Act, 1995
» The Constitution (Eighty First Amendment) Act,2000
» The Constitution (Eighty Second Amendment) Act 2000
» The Constitution (Eighty-Fifth Amendment) Act, 2001















Commission Activities

NATIONAL COMMISSION FOR SCHEDULED CASTES
(Formation notified vide file No.17014/12/99-TDR, dated 19th February, 2004, Ministry of Tribal Affairs, Government of India).
(Under Article 338 (4) of the Constitution)
NOTIFICATION
New Delhi dated 6th September, 2004
RULES OF PROCEDURE OF THE NATIONAL COMMISSION FOR SCHEDULED CASTES
F.No.1/1/NCSC/2004-C.Cell
CHAPTER I
GENERAL
Constitution of the Commission
1. The National Commission for Scheduled Castes (hereinafter called the Commission) has been constituted under Article 338 of the Constitution of India as amended by the Constitution (Eighty-Ninth Amendment)Act, 2003. The Commission shall consist of a Chairperson, a Vice-Chairperson and three other Members.
Headquarters of the Commission
2. The Headquarters of the Commission shall be located at New Delhi.
3. The functions and responsibilities of the Commission as laid down in the Constitution are:
(a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes under the Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;
(b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes;

(c) to participate and advise on the planning process of socio-economic development of the Scheduled Castes and to evaluate the progress of their development under the Union and any State;

(d) to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;

(e) to make in such report recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Castes; and
(f) to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Castes as the President may, subject to the provisions of any law made by Parliament, by rule specify.
4. The Commission shall function by holding ‘sittings’ and ‘meetings’ at any place within the country and also through its officers at the Headquarters and in the State Offices. The Members of the Commission including the Chairperson and the Vice-Chairperson shall function in accordance with the procedure prescribed under these rules.




CHAPTER II
Division of responsibilities and allocation of work
Chairperson
5. The Chairperson shall be the head of the Commission and shall have the residuary powers to decide on all questions and matters arising in the Commission excepting such matters where specific provision has been made in these rules.
6. The Chairperson shall allocate subjects and responsibilities among the Members of the Commission. The Order allocating the subjects and responsibilities shall be circulated to all concerned by the Secretariat of the Commission.
7. The Chairperson shall be the authority to sanction leave and approve tours of the Members.
8. The Chairperson shall preside over the meetings of the Commission.
9. All important decisions in the Commission pertaining to the subjects allotted to the Members shall be taken with the approval of the Chairperson.
10. The Chairperson may call for any records on any matter which he/she considers important and may take a decision on it himself/herself or, if necessary, place it at the meeting of the Commission.
Vice-Chairperson
11. The Vice-Chairperson shall preside over the meetings of the Commission in the absence of the Chairperson.
12. The Vice-Chairperson shall perform such functions as are entrusted to him/her by the Chairperson.
Members
13. The Members of the Commission shall have collective responsibility and shall function by participating in the ‘meetings’ and ‘sittings’ of the Commission and looking after the subjects allocated to them. Important actions and decisions of a Member may be brought at a meeting of the Commission which may review the same.
14. Any Member may suggest items for inclusion in the agenda of a meeting of the Commission and the same shall be so included after obtaining the consent of the Chairperson.
15. Each Member shall have overall responsibility of subjects and/or regions or State(s) as may be allocated to him.
16. The Members shall play the role of advising the State Governments under their jurisdiction on matters of planning and development relating to the welfare of Scheduled Castes. The Commission’s Secretariat at Headquarters and the State Offices shall assist the Members in keeping them fully informed of the problems and activities of the States and subjects under their respective charge.
17. One or more Members may, in accordance with the procedure specified in the rules elsewhere, hold sittings of the Commission to give hearing to the cases or to collect evidence or information on any matter, issue or case under investigation or inquiry of the Commission.
18. The Members shall communicate their tour programme well in advance to the State Offices indicating in detail the purpose of the visit and to the State Govt. Department and other concerned for discussions/inquiry, etc., during the tour/visit. The Members will observe the norms laid down by the State Govts. regarding security/travel/ accommodation etc., during such tours.
Secretary
19. The Secretary shall be the administrative head of the Commission and shall assist the Commission in the discharge of its functions with the assistance of the officers of the Commission.
20. All important administrative matters shall be placed before the Secretary who may pass general or specific orders on such matters.
21. The Secretary shall be responsible for having the agenda prepared for the meetings of the Commission and for circulating the minutes.
22. The Secretary shall assist the Commission in finalizing the Reports.
23. The Secretary may, in his discretion, delegate any of his functions or authority to a subordinate officer of the Secretariat.
CHAPTER III
INVESTIGATION AND INQUIRY BY THE COMMISSION
Methods of investigation and inquiry
24. The Commission may adopt any one or more of the following methods for investigating or inquiring into the matters falling within its authority:
(a) by the Commission directly;
(b) by an Investigating Team constituted at the Headquarters of the Commission; and
(c) through its State Offices
Investigation and Inquiry by the Commission directly.
25. The Commission may hold sittings for investigation into matters relating to safeguards, protection, welfare and development of the Scheduled Castes for inquiry into specific complaints for which the Commission decided to take up investigation or inquiry directly. Such sittings may be held either at the Headquarters of the Commission or at any other place within the country.
26. The sitting(s) of the Commission would be held after giving due notice to the parties intended to be heard and also due publicity notice to the general public. Care will be taken to see that the members of the Scheduled Castes who are affected in the mater under investigation or inquiry are given due information through notice or publicity.
27. When a decision for direct investigation is taken, an officer not below the rank of Research Officer/Section Officer along with necessary staff may be attached to the Member(s) entrusted with such investigation or enquiry and they shall take all steps to arrange such sittings.
28.(i) In accordance with clause 8 of Article 338 of the Constitution, while investigating in a matter referred to in sub-clause (a) or in inquiring into any complaint referred to in sub-clause (b) of clause (5) of Article 338, the Commission shall have all the powers of 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;
(f) any other matter which the President may, by rule, determine.
The Commission for the purpose of taking evidence in the investigation or inquiry, require the presence of any person and when considered necessary may issue summons to him/her. The summons for enforcing attendance of any person from any part of India and examining him/her during the course of investigation and inquiry by the Commission shall provide at least 15 days’ notice to the person directed to be present before the Commission from the date of receipt of the summons.
29. Where the property, service/employment of Scheduled Castes and other related matters are under immediate threat and prompt attention of the Commission is required, the matter shall be taken cognizance by issue of telex/fax to the concerned authority for making it known to them that the Commission is seized of the issue. Urgent reply by telegram or fax shall be called from the concerned authority. In case no reply is received within ten working days, the authority concerned may be required to appear before the Commission at a shorter notice for enquiry.
30. The Commission may issue commission/under clause 8 (e) of Article 338 of the Constitution to take evidence in any matter under investigation or inquiry and for this purpose appoint any person by an order in writing. The Commission may make further rules for payment of fee and travelling and other allowances to persons appointed to take evidence on commission.
31. After holding the required sittings, the Member(s) who conducted the investigation shall make a report which shall be sent to the Secretary or any other officer authorized to receive the report. After examination, action may be initiated on the report with the approval of the Chairperson.
Investigation or inquiry by an Investigation Team constituted at the Headquarters of the Commission
32. The Commission may decide about the matter that is to be investigated or enquired into by an Investigating Team of officials of the Commission, provided that in case the matter is urgent, the decision for such investigation or inquiry may be taken by the Chairperson.
33. The Investigating Team shall hold the investigation or inquiry, as the case may be, promptly and for this purpose, may initiate necessary correspondence including issuance of notices for production of documents in Form I, appended to these rules.
34. The Investigating Team may visit the area concerned after observing due formalities for obtaining approval of tours and other administrative requirements and after giving information to the concerned local authorities regarding the matter, purpose, scope and procedure of the investigation or inquiry. The Investigating Team may enlist the help of the officers and staff of the concerned State Office but the responsibility of preparing and presenting the report shall rest with the head of the Investigating Team.
35. The Investigating Team shall submit the report of the investigation or inquiry, as the case may be, to the Secretary or a subordinate officer of the Commission as may be directed by general or specific orders within the stipulated time, if any. If the time limit stipulated is likely to be exceeded, the head of the Investigating Team shall obtain the orders of the Secretary through the Officer-in-charge of the matter. The report shall be examined and put up to the competent authority for a decision regarding the action to be taken on the report.
36. The report shall be placed before the Chairperson of the Commission who will take appropriate action in the matter.
Investigation and inquiry through the State Offices
37. The Chairperson, the Vice-chairperson, the Members having jurisdiction over the subject or the Secretary of the Commission may decide about an investigation or inquiry that may be carried out through the State Offices of the Commission. The decision will be conveyed to the Officer-in-Charge of the concerned State Office who will be asked to get the matter investigated or inquired into within a stipulated time and send the report. The State Office shall conduct the investigation or inquiry through interrogation, on the spot visit, discussions and correspondence and examination of documents as may be necessary in the case and shall follow any special or general instructions issued in the matter by the Secretariat of the Commission from time to time.
38. If the investigation or inquiry cannot be completed within the stipulated time, the officer-in-charge of the State Office may send a communication to the Secretariat of the Commission before the expiry of the stipulated time and explain the circumstances and reasons for non-completion of the investigation or inquiry, as the case may be, within the stipulated time. The Secretary to the Commission or an officer acting under delegated functions may consider the request and communicate a revised date for the completion of the investigation or inquiry.
39. If during the course of investigation or inquiry, the Head of the State Office feels that it is necessary to invoke the powers of the Commission to require the production of any document or compelling the attendance of a person, he may make a special report with full facts to the Secretariat of the Commission. On receipt of such special report, the matter shall be placed before the Secretary/Member in-charge of the subject/State/UT who may make an order that necessary legal processes to compel attendance or to require production of any document may be issued. The summons and warrants issued for the purpose may be served on the person concerned either directly or through the officer-in-charge of the State Office as may be directed by the Secretary/Member authorizing issue of such legal process.
40. After completion of the investigation or inquiry, as the case may be, the head of the State Office shall submit the report to the Secretary of the Commission suggesting the course of action that could be followed in the matter. The gist or findings of the report may be placed before the Secretary who may decide about further action in the matter.
Confidentiality of certain reports
41. The Commission may, through a decision at a meeting or otherwise, direct that the contents of any report made on any matter shall be kept confidential and shall not be revealed to any person other than those who have been authorized access to such report.
Legal processes
42. All summons and warrants that are required to be issued in pursuance of the exercise of the powers of a civil court by the Commission shall be written in the prescribed form and shall bear the seal of the Commission. The legal process shall be issued from the Legal Cell of the Commission and shall bear its seal. The provisions of the Code of Civil Procedure applicable for the service of the legal processes shall be followed by the Commission.
Issue of letters and notices 43. Letters and notices requiring production of documents which are issued without exercising the powers of the civil court by the Commission may be signed by an officer not below the rank of Research Officer/Section Officer.
Form of summons and warrants :
44. The summons and warrants shall be as provided in Form II and III respectively, appended to these rules.

CHAPTERS IV
MEETINGS OF THE COMMISSION
Frequency of meetings
45. The Commission shall meet at least once in two months. The notice for a meeting shall normally be issued two weeks in advance. Emergent meetings may also be called by the Chairperson either on his own or on the request of a Member or the Secretary for disposing of important matters requiring urgent consideration by the Commission.
Quorum
46. Presence of atleast three members including the Chairperson and/or Vice-Chairperson shall constitute the quorum for holding meeting of the Commission.
Matters requiring decisions by the Commission at its meetings
47. The following matters shall be brought up before the Commission at a meeting for consideration and decision:
(i) any amendment to these Rules of Procedure;
(ii) matters to be investigated by the Commission directly;
(iii) all the reports that are required to be considered by the Commission as provided in these rules;
(iv) any matters that a Member may like to bring to the meeting, with the approval of the Chairperson;

(v) important matters relating to planning and development for the welfare and advancement of the Scheduled Castes and specially references received under Article 338 (9) of the Constitution; and

(vi) any matter that the Chairperson may direct to be placed at a meeting of the Commission.

Agenda for the meeting

48. The agenda will normally be circulated to all the Members at least seven days before the date of the meeting, provided that for an Emergent Meeting, this time limit may not apply.
49. The minutes of a meeting shall be circulated as soon as possible to all the Members.
Place of meeting of the Commission
50. Normally the place of meeting of the Commission shall be the Headquarters of the Commission at New Delhi. The Commission may, however, decide to hold a meeting at any other place in India.
Fee
51. The Chairperson, the Vice-Chairperson and the Members shall not be entitled to any fee for sitting in the meeting of the Commission. However, the entitlement of part-time Members, if any, may be determined by the terms of appointment of such Members.



CHAPTER V



SITTINGS OF THE COMMISSION
Need for sittings
52. Whenever a matter is to be investigated into directly by the Commission it may do so by holding sittings of the Commission. In the case of such sittings, the presence of all the Member may not be necessary.
Officers to be present
53. Whenever a Member(s) is holding a sitting, an officer of the Commission, not below the rank of Research Officer/Section officer, duly deputed for the purpose, shall be present to assist the Member(s) holding the sitting to discharge the functions properly and promptly. It shall be the duty of the officer to assist the Member(s) in preparing the report if called upon to do so by the Member(s). The officer shall also be responsible for assisting the Member(s) in following the prescribed procedure.
Frequency of sitting(s)
54. Sittings of the Commission may be held as and when necessary. The Commission may hold more than one sitting simultaneously in different parts of the country with different Members functioning separately.
Programme of the sittings
55. The programme of the sittings, both at the Headquarters and at other places, would normally be worked out each month in advance and duly circulated.
Defraying expenses to witnesses
56. The Commission may defray travelling expenses to persons who have been called through summons to appear before the Commission in a sitting, provided that the place of residence of one person is more than 8 kms. from the place of the sitting of the Commission. The amount so defrayed shall be limited to the actual traveling expenses plus Daily Allowance for the number of days that the person has appeared before the Commission in its sitting, provided that the person is not entitled to travelling and daily allowance from any other source. Persons who are employees of the Government/Public Sector Undertaking shall be deemed to be on duty if they are summoned to depose before the Commission or produce documents. The limit of travelling expenses shall be determined on the basis of the rail fare and road mileage calculated on the basis of the rates that may be prescribed by the Commission. In the case of any doubt regarding the entitlement of the person, the decision of the Secretary of the Commission shall be final.
57. The officer attached to the Member for the purposes of the sitting shall take steps to ensure that sufficient cash amount is carried if the sitting is held at a place other than the Headquarters of the Commission. The Secretariat of the Commission may devise a suitable procedure to ensure that such claims as above are paid on the spot and in cash to the person(s) so appearing.

58. The claim for traveling expenses as above shall not be admissible in the case of a person who appears before the Commission during any investigation or enquiry on his own accord or in response to a communication or notice which is not a summon issued by the Commission.

CHAPTER VI
DUTIES OF THE STATE OFFICES OF THE COMMISSION
59. It shall be the duty of the State Offices of the Commission:
(i) To act as the “eyes and ears” of the Commission in the State(s) under their jurisdiction.
(ii) To maintain effective interaction and liaison with State Government/UT Administration on behalf of the Commission.
(iii) To serve on State Level Advisory Councils/Committees/Corporations, etc. on behalf of the Commission:
(iv) To provide information and documentation about the policies and programmes of the Union Government for the welfare and advancement of Scheduled Castes to the States, NGOs, Media in their respective jurisdiction, and obtain similar information and documentation from such organizations and provide to the Headquarters of the Commission information/documentation about important developments, social movements, policy changes etc. in the State(s) affecting the interest of Scheduled Castes.
(v) To monitor and assist the working of voluntary and other non-governmental organizations receiving grant-in-aid from the Ministry of Social Justice and Empowerment as also other Ministries/Departments of the Central Government and the concerned State governments, foreign Aid Agencies etc., for Research Studies and any other development work relating to Scheduled Castes.
(vi) To conduct Research Studies, Seminars, Conferences, Surveys etc. either on their own or as entrusted to them by Headquarters from time to time.
(vii) To conduct on-the-spot inquiries into cases of atrocities on Scheduled Castes either on their own or as entrusted to them by Headquarters and interact with the concerned Administrative/Police authorities having jurisdiction and report to the Headquarters.
(viii) To deal with complaints/representations from individuals, Scheduled Castes Welfare Associations, etc., on various matters.
(ix) To participate and advise in the planning process for socio-economic development of Scheduled Castes as envisaged under clause 5 of Article 338 of the Constitution of India.



(x) To collect, compile, analyse and monitor issues pertaining to development of Scheduled Castes in the states especially with reference to Special Component Plan (SCP) and Special Central Assistance (SCA) and prepare drafts of Reports pertaining to the State(s)/UT(s) under their jurisdiction.
(xi) To prepare and maintain a comprehensive and up-to-date database of Scheduled Castes population, education, development etc. in the State(s)/UT(s); and
(xii) To perform any other duty specifically assigned/entrusted to the State Office(s) by the Commission or the Secretary or any other officer empowered in this regard.










CHAPTER VII

ADVISORY ROLE OF THE COMMISSION

Interaction of the Commission with the State Governments.

60. The Commission shall interact with the State Governments through its Members, Secretariat and the State Offices.
61. The Members in-charge of the State/UT would interact with the State Government/UT Administration through meetings, personal contacts, visits and correspondence. The information in this regard may be sent to the concerned Deptt./Organizations well in advance and the State Offices should also be informed about the same. For this purpose, detailed guidelines may be formulated by the Commission. The Secretariat of the Commission through its concerned Wing(s) would provide necessary assistance and information to the Member for enabling him to discharge his functions effectively. The State Governments should provide facilities for transport, security, accommodation etc. to the Member as per his entitlement.
Interaction with the Planning Commission
62. The Commission shall interact with the Planning Commission at appropriate levels through representation in the various Committees, Working Groups or other such bodies set up by the Planning Commission. The Commission shall indicate this requirement through general or specific communication to the Planning Commission.
63. The Commission may request the Planning Commission to forward copies of all the documents concerning the process of planning and development and evaluation of all programmes and schemes touching upon the Scheduled Castes.
64. The Commission may decide about the manner of interaction between the Chairperson/Members of the Commission and the Deputy Chairman/Members of the Planning commission.
Interaction of the State Offices with the State Governments
65. The State Offices of the Commission shall work in a manner so as to provide a regular and effective link between the State Governments concerned and the Commission. For this purpose, the Commission may send communications to the State Governments suggesting that the officers-in-charge of the State Offices of the Commission may be taken on important Planning, Evaluation and Advisory bodies including Corporations concerned with the welfare, protection and development of the Scheduled Castes.
66. The officers-in-charge of the State Offices may be directed or authorized by the Commission to convey to any State authority the formal views, opinion or approach of the Commission on any specific or general mater or issue arising at any meeting or deliberation.
Research/Studies/Surveys/Evaluation
67. The Commission may undertake studies to evaluate the impact of the development schemes on the socio-economic development of the Scheduled Castes taken up by the Union or State Governments. For this purpose, the Commission may constitute Study Teams either at the Headquarters or at the State Offices. The Study Teams may undertake investigations, surveys or studies either in collaboration with Central or State Govt. authorities or Universities or Research Bodies, as the case may be, or may do so independently.
68. The Commission may entrust surveys or evaluation studies to any professional body or person considered suitable and competent to undertake such work and, for this purpose, may make any reasonable payment to such body or person towards the cost of the study by way of fee or grant.
69. The studies so undertaken or their gist may form part of the Annual or Special Report of the Commission to be presented to the President or may be published separately by the Commission.
70. The Commission may forward a copy of such a study report to the Union or the State Government concerned, as the case may be, asking for their comments, if any. The comments or action taken reports by the Union/State Government may also form part of the Annual Report of the Commission.
CHAPTER VIII
MONITORING FUNCTIONS OF THE COMMISSION
The Commission to determine subjects for monitoring
71. The Commission may determine from time to time the subjects or matters and areas that it would monitor relating to safeguards and other socio-economic development measures provided for the Scheduled Castes under the Constitution or under any other law for the time being in force or under any order of the Govt.
Prescribing returns and reports
72. The Commission may prescribe periodical returns or reports to be furnished by any authority responsible for or having control of the subject matter of which monitoring is being done by the Commission.
73. The Commission may from time to time issue instructions to its State Offices to collect information and data on any particular subject or matter from the State Governments, Local bodies, Corporate Bodies or any other authorities which is charged with the implementation of the safeguards provided for the Scheduled Castes.
74. The Commission may direct its State Offices to process the information of data in the State Offices with a view to arriving at conclusions with regard to the deficiencies/ shortcomings discovered through such processing or analysis of the data and to bring these to the notice of the concerned authority for comments and rectification, where necessary.
75. The Commission may have data relating to the subjects monitored, collected at the headquarters and may prescribe returns and reports for the purpose to be sent directly to its Headquarters by the Ministries/Departments of the Central government or a State Government or Public Sector Undertaking or any other body or authority which is charged with the responsibility of implementing safeguards relating to the Scheduled Castes.



Follow-up action
76. In order to ensure that monitoring is done effectively, the Commission, after getting the information as prescribed in the above rules and after reaching conclusions, may as early as possible send out communications to the concerned authority describing the shortcomings that have been noticed in the implementation of the safeguards and suggesting corrective steps. Decisions on sending out such a communication may be taken at a level not lower than that of Joint Secretary/Secretary at Headquarters. Directors-in-Charge of State Offices may take decisions on routine matter whereas they will seek approval of the Secretary and the concerned Member on complex and important matters affecting the interest of Scheduled Castes as a group.
77. The Commission may ask for the comments of the concerned authority on the action taken in pursuance of the communications sent under the Rule 76.
78. The Commission may include in its Annual Report or any Special Report, findings and conclusions arrived at through the process of monitoring of the subjects relating to the safeguards and socio-economic development measures provided for the Scheduled Castes under the Constitution or under any other law for the time being in force or under any order of the Union/State Government.
CHAPTER IX
Non-formal actions by the Commission
79. The Commission may initiate correspondence in special cases in matters which are not strictly covered under the law if the matter is such that the welfare of an individual person belonging to Scheduled Castes or that of a group of such persons is involved and it is necessary for the Commission in its inherent capacity as the protector of the interests of these classes of persons, to take action. The decision for correspondence on such matter shall be taken at the level of Director or above.
80. All routine formal communications from the Commission shall be issued under the signatures of an Officer not below the rank of Research Officer/Section Officer.
81. The Commission can sue or be sued through its Secretary.
82. The Scheduled Castes in these rules will have the same connotation as is given in clause 10 of Article 338 of the Constitution.
Applicability of rules, etc., of the Central Government
83. All rules, regulations and orders issued by the Central Government and applicable in the Ministries/Departments will also apply in the Commission.
84. The provisions relating to the delegation of financial powers in the Government of India shall apply to the corresponding officers in the Commission.
Use of Staff cars
85. The Staff Car Rules of the Government of India shall apply for the purposes of utilization of staff cars in the Commission.
Decision on matters not specified in these rules
86. If a question arises regarding any such matter for which no provision exists in these rules, the decision of the Chairperson shall be sought. The Chairperson may, if he deems fit, direct that the matter may be considered at a meeting of the Commission.

Sd/-
(P.S. RANA)
SECRETARY



NATIONAL COMMISSION FOR SCHEDULED CASTES


FORM-I

NATIONAL COMMISSION FOR SCHEDULED CASTES
(A Constitutional body set up under Article 338 of the Constitution of India)

5th Floor, Loknayak Bhawan
New Delhi-110 003.
(Notice for collecting basic facts)
To

Whereas a Petition/complaint/information has been received by the National Commission for Scheduled Castes from_______________or press news under caption_______________appearing in _____________dated____________as enclosed and the Commission has decided to investigate/inquire into the matter in pursuance of the powers conferred upon it under Article 338 of the Constitution of India, you are hereby requested to submit the facts and information on the action taken on the allegations/matters to the undersigned within 30 days of receipt of this notice either by post or in person or by any other means of communication.
Please take notice that in case the Commission does not receive reply from you within the stipulated time, the Commission may exercise the powers of Civil Courts conferred on it under Article 338 of the Constitution of India and issue summons for your appearance in person or by a representative before the Commission.


Signature
Director/Dy.Secretary/Under Secretary/Dy.Director/Assistant Director/
Research Officer/Section Officer
National Commission for Scheduled Castes
Dated________


FORM-II
BEFORE THE NATIONAL COMMISSION FOR SCHEDULED CASTES
(A Constitutional body exercising powers of Civil Court
under Article 338 of the Constitution of India)

SUMMONS
File No.:
5th Floor, Loknayak Bhawan
New Delhi-110 003
To
Whereas the National Commission has decided to investigate into the following matter in pursuance of powers conferred upon it under Article 338 of the Constitution of India, your attendance is hereby required in person to appear before the National Commission on the ________of_______20____at_________________hours at _______________. You are required to bring with you the connected documents for examination by the National Commission.
Case reference.
If you fail to comply with this order without lawful excuse, you shall be subjected to the consequences of non-attendance laid down in rule 12 of Order XVI of Code of Civil Procedure, 1908.
Given under my hand and seal of the National Commission for Scheduled Castes exercising powers of Civil Court this _______of_______20___.
Signature
Court Officer
SEAL


FORM-III
(Warrant of arrest of witness)
NATIONAL COMMISSION FOR SCHEDULED CASTES
(A Constitutional body exercising powers of Civil Court under
Article 338 of the Constitution of India)

Loknayak Bhawan (Floor V)
New Delhi-110003.

To

Whereas _________r/o ________was duly served with a summons but has failed to attend (absconds and keeps out of the way for the purpose of avoiding service of a summons), the National Commission for Scheduled Castes exercising powers of a Civil Court under Article 338(8) of the Constitution of India hereby order you to arrest and bring the said __________before the National Commission at New Delhi.
You are further ordered to return this warrant on or before the _______day of ______200___with an endorsement certifying the day and the manner in which it has been executed, or the reason why it has not been executed.
Given under my hands and the seal of the National Commission exercising powers of Civil Court, this ___________of______20___


Signature
SEAL Court Officer