The ANDHRA PRADESH STATE COMMISSION FOR SCHEDULED TRIBES ACT, 2020.

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THE ANDHRA PRADESH STATE COMMISSION FOR SCHEDULED TRIBES
ACT, 2020
ACT No.30 of 2020
ARRANGEMENT OF SECTIONS
SECTIONS
CHAPTER-I
PRELIMINARY
1. Short title and commencement
2. Definitions
CHAPTER-II
ANDHRA PRADESH STATE COMMISSION FOR SCHEDULED TRIBES
3. Constitution of the Andhra Pradesh State Commission for
Scheduled Tribes
4.  Meeting of the Commission
5.  Composition of the Commission
6. Term of Office and conditions of service of Chairman and
Members
7. Appointment of Officers and other employees of the Commission
8.  Salaries and allowances to be paid out of grants
9.  Vacancies etc. not to invalidate proceedings of the Commission
10. Proceedings to be regulated by the Commission
CHAPTER-III
POWERS AND FUNCTIONS OF THE COMMISSION
11. Powers of the Commission
12.  Functions of the Commission
13.  Annual Report
CHAPTER-IV
FINANCE, ACCOUNTS AND AUDIT
14.  Accounts and Audit
15.  Grants by the Government
CHAPTER-V
MISCELLANEOUS
16.  Constitution of Cells
17. Chairman and members and other employees to be public
servants
18.  Power to make rules
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THE ANDHRA PRADESH STATE COMMISSION FOR SCHEDULED TRIBES
ACT, 2020
ACT No.30 of 2020
(27thOctober, 2020)
AN ACT TO CONSTITUTE THE ANDHRA PRADESH STATE COMMISSION
FOR SCHEDULED TRIBES TO SAFEGUARD THE INTERESTS OF THE
SCHEDULED TRIBES IN THE STATE AND FOR MATTERS
CONNECTED THEREWITH AND INCIDENTAL THERETO.
Be it enacted by the Legislature of the State of Andhra Pradesh in the
Seventy-First year of the Republic of India as follows:
CHAPTER-I
PRELIMINARY
1.  Short title and commencement –(1) This Act may be called the Andhra
Pradesh State Commission for Scheduled Tribes Act, 2019.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the State Government may, by
notification, in the Andhra Pradesh Gazette, appoint.
2. Definitions –In this Act unless the context otherwise requires,
(a) “Chairman” means the Chairman of the Andhra Pradesh State
Commission for Scheduled Tribes appointed under section 5;
(b) “Commission” means the Andhra Pradesh State Commission for
Scheduled Tribes constituted under section 3;
(c)  “Civil Rights” means any right accruing to a person by reason
of the abolition of untouchability by Article 17 of the Constitution
of India;
(d) “Disabilities” means those as provided in article 15 (2) of the
Constitution of India;
(e)  “Government” means the State Government of Andhra Pradesh;
(f)  “Notification” means a notification published in the Andhra
Pradesh Gazette and the word ‘notified’ shall be construed
accordingly;
(g) “Prescribed” means prescribed by rules made by the
Government under this Act;
(h)  “Scheduled Tribes” shall have the meanings assigned to them
under clause (25) of Article 366 of the Constitution;
(i)  “Scheduled Areas” means such areas as the president may by
order declare to be Scheduled Areas under Para 6(1) of the Fifth
Schedule to the Constitution of India;
(j)  The words and expressions used by not defined in this Act shall
have the same meaning assigned to them in the concerned
Acts/Regulations/Rules or any other such Legislation time being.
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CHAPTER-II
ANDHRA PRADESH STATE COMMISSION FOR SCHEDULED TRIBES
3. Constitution of the Andhra Pradesh State Commission for Scheduled
Tribes –(1) The Government may, by notification, constitute a permanent body
to be known as the Andhra Pradesh State Commission for Scheduled Tribes to
exercise the powers conferred on, and to perform functions assigned to it under
the Act.
(2) The Commission shall be a body corporate having perpetual
succession and a common seal, with power, subject to the provisions of this
Act and rules made thereunder, to acquire, hold and dispose of property and to
enter into contracts and shall in the said name sue and be sued.
(3) The Head quarters of the Commission shall be at Vijayawada/
Amaravati and the Government may, by notification, specifysuch other place to
be the Headquarters of the Commission as may be necessary from time to time.
4.Meeting of the Commission -(1) The Commission shall hold ordinary
meetings at such places and at such intervals asmay be prescribed and
meetings may be  convened by the Chairman at any time for the transaction of
any urgent business.
(2)Number of Members necessary to constitute a quorum of meeting and
the procedure to be followed therein shall be such as may be prescribed.
5.Composition of the Commission - (1) The Commission shall consist of the
following members:-
(a)a Chairman shall be an eminent person belonging to Scheduled
Tribes preferably from Scheduled Areas to be appointed by the
Government; and
(b)not more than five members to be appointed by the Government
from amongst persons of ability, integrity and having outstanding
record of selfless service to the cause of justice for the Scheduled
Tribes belonging to Scheduled Tribes with at least one member
from the primitive Tribal Group one member from the tribes from
the plain area and three members from the Scheduled area, and
out of which two women members shall be appointed by the
Government.
(2) The Secretary shall convene the meetings of the Commission from
time to time.
6.Term of Office and conditions of service of Chairman and Members -(1)
The Chairman or the Members shall, unless otherwisedisqualified for
continuing as such under the rules, hold office for a term of three years from
the date he/she assumes office or until he/she attains age of sixty five years
whichever is earlier and shall be eligible for re-appointment for a second term
only.
(2) The Chairman or a Member may by writing under his/her hand
addressed to the Government resign from the office, but he/she shall continue
in office till his/her resignation is accepted by the Government or his/her
successor is appointed.
(3) The successors so appointed under sub-section (2) shall hold office for
the remainder of the term of his/her predecessor or until he/she attains the
age of sixty five years, whichever is earlier.
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(4) The Government may remove a person from the office of Member, if
that person,-
(a) becomes an un-discharged insolvent;
(b)is convicted and sentenced to imprisonment for an offence which
in the opinion of the Government involves moral turpitude;
(c)becomes of unsound mind and stands so declared by a
competent court;
(d)refuses to act or becomes incapable of acting;
(e)without obtaining leave of absence from the Commission,
absents himself/herself from three consecutive meetings of the
Commission;
(f) has in the opinion of the Government, so abused the position of
the Member as to render that person’s continuance in office
detrimental to the interest of Scheduled Tribes in the State or the
public interest;
Provided that no person shall be removed under this clause
until that person has been given an opportunity of being heard in
the matter.
7. Appointment Officers and other employees of the Commission –(1) The
Government may appoint the Secretary to the Commission who shall be an
officer of the Government not below the rank of Joint Secretary to Government
and such other officers and employees as may be necessary for the efficient
performance of the functions of the Commission.
(2) The salaries and allowances payable to and other terms and
conditions of servece of  the Secretary, Officers and other employees appointed
for the purpose of the Commission shall be such as may be prescribed.
(3) The Secretary shall be the Chief Executive Officer of the Commission
and shall exercise such powers and perform such functions as may be
prescribed.
8. Salaries and allowances to be paid out of grants -The salaries and
allowances payable to the Chairman and members should be commensurate to
the status and dignity of the office and the administrative expenses including
salaries, allowances and pensions, payable to the officers and other employees
referred to in section 7 shall be paid out of the grants referred to in sub-section
(1) of section 15.
9. Vacancies etc., not to invalidate proceedings of the Commission -No
act or proceedings of the Commission shall be invalid on the ground merely of
the existence of any vacancy or defect in the constitution of the Commission.
10. Proceedings to be regulated by the Commission -(1) The Commission
shall meet as and when necessary at such time and place asthe Chairman may
think fit.
(2) The Commission shall regulate its own procedure.
(3)All orders and decisions of the Commission shall be authenticated by
the signature of the Secretary or any other officer of the Commission
authorised by the Secretary in his behalf.
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CHAPTER-III
POWERS AND FUNCTIONS OF THE COMMISSION
11.  Powers of the Commission -(1) The Commission shall, while performing
its functions under section 12,have the powers of a Civil Court trying a suit
and in particular, in respect of the following matters, namely: -
(i) summoning and enforcing the attendance of any person
from any partof the State and examining him on oath;
(ii) requiring the discovery and production of any document;
(iii) receiving evidence on affidavits.
(iv) requisitioning any public record or copy thereof from any
Court oroffice;
(v) issuing Commissions for the examination of witnesses or
documents;and
(vi) any other matter which may be prescribed.
(2) Any proceeding before the Commission shall be deemed to be a
judicial proceeding within the meaning of sections 192 and 228 of the Indian
Penal Code (IPC)(Central Act 45 of 1860)  and the Commission shall be deemed
to be a Court for the purpose of section 195 of the Code of Criminal Procedure,
1973(Central Act 2 of 1974).
(3) The Commission shall have the power to requisition such information,
document and such assistance as may be required from any department of the
Government for the effective implementation of the provisions of this Act.
12. Functions of the Commission -The Commission shall perform the
following functions, namely: -
(a) inquire, suomotu or on a petition presented to it by a victim or
by any person on his behalf, into complaint of;
(i)violation of any rights provided in the Protection of Civil
Rights Act, 1955(Central Act 22 of 1955)and the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities)
Act, 1989 (Central Act 33 of 1989) and rules there under or
abetment thereof;
(ii) negligence in the Prevention of such violation, by a public
servant;
(iii) inquire and recommend to the concerned disciplinary
authority to initiate disciplinary action in cases where the
Commission is of the view that any public servant has been
grossly negligent or grossly indifferent in regard to the
discharge of his duties in relation to the protection of the
interests of Scheduled Tribes;
(b) to investigate and monitor all matters relating to the safeguards
provided for the Scheduled Tribes 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;
(c)to evaluate the working of various safeguards and civil rights
accruing to a person as stipulated in the Protection of Civil Rights
Act, 1955 and the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 for their protection and in laws
and regulations and any other orders passed by the Union and
State Governments, to investigate and monitor all matters relating
to safeguards provided for the Scheduled Tribes under the
Constitution or under any other law;
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(d)to make recommendations with a view to ensure effective
implementation and enforcement of all safeguards under
Protection of Civil Rights Act, 1955 and the Scheduled Castes and
the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and other
laws and the rules;
(e)to undertake a review of the implementation of the policies
pursued by the Union and the State Governments with respect to
the Scheduled Tribes;
(f)to look into specific complaints regarding deprivation of rights
and safeguards in the interest of the Scheduled Tribes;
(g)to enquire into any unfair practices, take decision thereon and
recommend to the Government the action to be taken in that
matter;
(h)to spread literacy among various sections of society regarding
the protection of Civil Rights Act, 1955 and the Scheduled Castes
and the Scheduled Tribes (Prevention and Atrocities) Act, 1989 and
to promote awareness of the safeguards available for the protection
of these rights through publications the Media, Seminars and
other available means;
(i)toconduct studies, research and analysis on the question of
avoidance of discrimination against Scheduled Tribes;
(j)to suggest appropriate legal and welfare measures in respect of
Scheduled Tribes to be undertaken by the Government;
(k)to inquire into any unfair practice,-
(i)on receiving a written complaint from any Scheduled
Tribe women alleging that she has been subjected to
any unfair practice or on a similar complaint from her
mother or father or sister or brother or from any
organization;
(ii)to cause investigations or inquires to be made by
the Commissioner of Tribal Welfare on issues of
importance concerning Scheduled Tribes particularly
ST women and issues concerning unfair practice and
to report thereon to the Government on the corrective
measures to be taken;
(l)the monitoring of the working of laws in force concerning
Scheduled Tribes women with a view to identifying the areas where
the enforcement of laws is not adequately effective or has not been
streamlined and recommending executive or legislative measures
to be taken;
(m)to invite one or more prominent persons to participate in the
meetings of the Commission to advise on such matters as may be
necessary;
(n) to encourage the efforts of non-governmental organizations and
institutions working in the field of human rights and for the
upliftment and betterment of Scheduled Tribes;
(o)to make periodical reports at prescribed intervals to the
Government;
(p)to make in such reports recommendations as to the measures
that should be taken by the Union or any State forthe effective
implementation of those safeguards and other measures for the
protection, welfare and socio economic development of Scheduled
Tribes; and
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(q)to discharge such other functions in relation to the protection,
welfare and development and advancement of the Scheduled Tribes
subject to the provisions of any law;
(i)Measures to be taken prevent alienation of tribal people
from the land and to effectively rehabilitate such people in
whose case alienation has already been taken place;
(ii)Measures to be taken to safeguard rights of the tribal
communities over mineral resources, water resources etc., as
laid down by law.
(iii)Measures that need to be taken over conferring ownership
rightsin respect of minor forest produce to Scheduled Tribes
living in forest areas.
(iv)Measures to be taken for the development of the tribal to
plug loopholes and to work more viable livelihood strategies.
(v)Measure to be taken to improve the efficiency of relief and
rehabilitation measures for tribal groups displaced by
development projects.
(r)to exercise such other powers and perform such other functions
as may be conferred or enjoined upon it by this Act or the rules
made thereunder.
13.Annual Report -The Commission shall prepare once in every year, in such
form at such time as may beprescribed an Annual Report giving a true and full
account of its activities during theprevious years and copies thereof shall be
forwarded to the Government and the Government shall cause the same to be
laid before the Legislature of the State along with a Memorandum explaining
the action taken or proposed to be taken on its recommendations and the
reasons for the non acceptance; if any, of such recommendations.
CHAPTER-IV
FINANCE, ACCOUNTS AND AUDIT
14. Accounts and Audit –(1) The Commission shall maintain proper accounts
and other relevant records and prepare an annual statement of accounts in
such form and in such manner, as may be prescribed.
(2) The accounts of the Commission shall be audited by such authority at
such times and in such manner as may be prescribed.
15. Grants by the Government –(1) The Government shall, after due
appropriation made by the Andhra Pradesh State Legislature by law in this
behalf, pay to the Commission by way of grants such sums of money as the
Government may think fit for being utilized for the purposes of this Act.
(2) The Commission may spend such sums as it thinks fit for performing
the functions under this Act and such sums shall be treated as expenditure
payable out of the grants referred to in sub-section (1).
CHAPTER-V
MISCELLANEOUS
16. Constitution of Cells –The Government may on the recommendations of
the Commission establish a Library, an Information Cell, Research Cell or such
other Cells as may be necessary from time to time.
17. Chairman and members and other employees to be public servants -
The Chairman/Members and employees of the Commission shall be deemed to
be public servants within the meaning of section 21 of the Indian Penal Code,
1860.
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18. Power to make rules –(1) The Government may, by notification, make
rules for carrying out all or any of the purpose of this Act.
(2) Every rule made under this Act shall immediately after it is made, be
laid before the Legislature of the State, if it is in session and if it is not in
session, in the session immediately following for a total period of fourteen days
which may be comprised in one session or in two successive sessions, and if,
before the expiration of the session in which it is so laid or the session
immediately following, the Legislature agrees in making any modifications in
the rule or in the annulment of the rule, the rule shall from the date on which
the modification or annulment is notified have effect only in such modified form
or shall stand annulled as the case may be, so, however that any such
modification or annulment shall be without prejudice to the validity of anything
previously done under that rule.

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