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
