LexThe Haryana State commission For Scheduled Castes Act,2018
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Haryana Government Gazette
EXTRAORDINARY
Published by Authority
© Govt. of Haryana
No. 201-2018/Ext.] CHANDIGARH, FRIDAY, NOVEMBER 30, 2018 (AGRAHAYANA 9, 1940 SAKA )
LEGISLATIVE SUPPLEMENT
CONTENTS PAGES
PART-I ACTS
1. THE HARYANA STATE COMMISSION FOR SCHEDULED CASTES 309-312
ACT, 2018 (HARYANA ACT NO. 34 OF 2018)
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PART-II ORDINANCES
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PART-III DELEGATED LEGISLATION
N I L
PART-IV CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS
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HARYANA GOVT. GAZ. (EXTRA.), NOV. 30, 2018 (AGHN. 9, 1940 SAKA)
309
PART - I
HARYANA GOVERNMENT
LAW AND LEGISLATIVE DEPARTMENT
Notification
The 30th November, 2018
No. Leg. 24/2018.— The following Act of the Legislature of the State of Haryana r eceived
the assent of the Governor of Haryana on the 5th November, 2018 and is hereby published for
general information:-
HARYANA ACT NO. 34 OF 2018
THE HARYANA STATE COMMISSION FOR SCHEDULED CASTES ACT, 2018
AN
ACT
to provide for the constitution of the Commission for Scheduled Castes in the State of
Haryana and for matter connected therewith or incidental thereto.
Be it enacted by the Legislature of the State of Haryana in the Sixty-ninth Year of the
Republic of India as follows:-
1. (1) This Act may be called the Ha ryana State Commission for Sch eduled Castes
Act, 2018.
(2) It shall come into force on such date as the Government ma y, by notification in
the Official Gazette, appoint.
Short title and
commencement.
2. In this Act, unless the context otherwise requires,-
(a) “Chairperson” means the Chairperson of the Commission;
(b) “Commission” means the Haryan a State Commission for Schedul ed Castes
constituted under section 3;
(c) “Government” means the Govern ment of the State of Haryana;
(d) “Member” means a Member of the Commission and includes the Chairperson,
Vice-Chairperson and Member-Secretary;
(e) “prescribed” means prescribed by rules made under this Act;
(f) “Scheduled Castes” means such castes, races or tribes or parts of or groups within
such castes, races or tribes specified as Scheduled Castes with respect to the
Haryana State under article 341 of the Constitution of India;
(g) “Vice-Chairperson” means the Vice-Chairperson of the Commission.
Definitions.
3. (1) The Government, by notification in the Official Gazette, shall constitute a body to
be known as the Haryana State Commission for Scheduled Castes t o exercise the powers
conferred on, and to perform the functions assigned to it under this Act.
(2) The Commission shall consist of the following Members to b e nominated by the
Government, namely:-
(a) Chairperson and Vice-Chairperson, who shall be an eminent p erson
belonging to any of the Scheduled Castes, having wide experienc e in
social life and who has worked, contributed in Government activ ities or a
retired officer of the Government belonging to the Scheduled Ca stes. The
Vice-Chairperson shall be designated from amongst the Members;
(b) a Member-Secretary, who is or has been an officer of the Go vernment, not
below the rank of Special Secretary;
(c) not more than four Members, belonging to the Scheduled Cast es, from
amongst the persons of ability, integrity and standing who has worked and
served for the welfare and uplift of the Scheduled Castes and a t least one
of them shall be a woman.
Constitution of
Commission.
HARYANA GOVT. GAZ. (EXTRA.), NOV. 30, 2018 (AGHN. 9, 1940 SAKA)
310
Term and
conditions of
appointment of
Members.
4. (1) The Chairperson, Vice-Chairperson and Members shall hold o ffice for a term of three
years from the date he assumes office:
Provided that where the Chairperson or Vice-Chairperson or a M ember attains the age of
sixty-five years before the expiry of the aforesaid term of thr ee years, he shall vacate his office on
the day on which he attains the such age.
(2) The Chairperson, Vice-Chairperson or Members may, at any t ime, by writing and
addressed to the Government, resign from the office.
(3) The Government shall remove a Member, if he-
(a) becomes an undisch arged insolvent; or
(b) is convicted and sentenced to imprisonment for an offence w hich in the
opinion of the Government, involves moral turpitude; or
(c) becomes of unsound mind and stands so declared by a compete nt court; or
(d) refuses to act or become s incapable of acting; or
(e) is, without obtaining leave of absence from the Commission, a b s e n t s f r o m
three consecutive meetings of the Commission; or
(f) has, in the opinion of the Government, so abused the positi on of Member as to
render that person’s continuance in office detrimental to the i nterests of
Scheduled Castes or public interest:
Provided that no such person shall be removed under this clau se until
that person has been given an opportunity of being heard in the matter.
(4) A vacancy caused under sub-section (2) or otherwise shall be filled by fresh
nomination and the person so nominated shall hold office for the remainder term of his predecessor.
(5) The salary and allowances p ayable to, and the other terms and conditions of service
of the Chairperson, Vice-Chairperson and Members shall be such, as may be prescribed.
Officers and
other
employees of
Commission.
5. (1) The Government shall provide the Commission with such offi cers and employees, as
may be necessary, for the efficient performance of the functions of the Commission.
(2) The salary and allowances p ayable to, and the other terms and conditions of service
of the officers and other employees appointed for the purpose o f the Commission shall be such, as
may be prescribed.
Salaries and
allowances to
be paid out of
grants.
6. The salary and allowances payable to the Members and the admin istrative expenses,
including salary, allowances and pensions payable to the officers and other employees shall be paid
out of the grants referred to in sub-section (1) of section 11.
Vacancy not to
invalidate
proceedings.
7. No act or proceedings of the Co mmission shall be invalid on the ground merely of the
existence of any vacancy or defect in the constitution of the Commission.
Procedure to be
regulated by
Commission.
8. (1) The Commission shall meet as and when necessary at such tim e and place, as the
Chairperson may think fit.
(2) The Commission shall regulate its own procedure.
(3) All orders and decisions of the Commission shall be authen ticated by the Member-
Secretary or any other officer o f the Commission, duly authoriz ed by the Member-Secretary in this
behalf.
Functions and
powers of
Commission.
9. (1) The Commission shall exercise the following powers and perf orm the following
functions, namely:-
(i) to investigate and examine th e working of various safeguard s provided in the
Constitution of India or under any other law for the time being in force or under any
order of the Government for the welfare and protection of the Scheduled Castes;
HARYANA GOVT. GAZ. (EXTRA.), NOV. 30, 2018 (AGHN. 9, 1940 SAKA)
311
(ii) to inquire into specific complaints with respect to the de privation of rights and
safeguard of the Scheduled Castes and to take up such matter wi th the appropriate
authorities;
(iii) to participate and advise o n the planning process of socio-economic development of
the Scheduled Castes and to evaluate the progress of their development;
(iv) to make recommendations as to the measures to be taken by the Government for the
effective implementation of safeguards and other measures for t he protection,
welfare and socio-economic development of the Scheduled Castes and to make
report to the Government annually and at such other time, as th e Commission
deems fit;
(v) to discharge such other functions in relation to the protec tion, welfare, development
and advancement of the Scheduled Castes, as may be prescribed.
(2) The Commission shall, while performing its functions under sub-section (1), have all 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 a ny part of India 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 or office;
(v) issuing commissions for the examination of witnesses and do cuments; and
(vi) any other matter which is or may be prescribed.
10. (1) The Government may, at any time, and shall, at the expirati on of ten years from the
coming into force of this Act and every succeeding period of te n years thereafter, undertake
revision of the Scheduled Castes in the State.
(2) The Government while acting under sub-section (1) shall co nsult the Commission.
Periodic revision
of Scheduled
Castes.
11. (1) The Government shall, after due appropriation made by the S tate Legislature by law
in this behalf, pay to the Commission, by way of grants, such s ums 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 p erforming the functions
under this Act, and such sums shall be treated as expenditure p ayable out of the grants referred to
in sub-section (1).
Grants by
Government.
12. The Commission shall maintain proper accounts and other releva nt records and prepare an
annual statement of accounts in such form and manner, as may be prescribed.
Accounts.
13. (1) The Commission shall prepare, in such form and manner and a t such time, for each
financial year, as may be prescribed, its annual report giving a full account of its activities during
the previous financial year and forward a copy thereof to the Government.
(2) The Government shall cause the annual report to be placed on the table of the State
Legislature.
Annual report.
14. The 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 (Central Act 45 of 1860).
Members and
employees of
Commission to be
public servants.
15. No civil court shall have jurisdiction to entertain any suit o r proceeding in respect of any
matter arising out or concerned with the provisions of this Act.
Bar of
jurisidiction.
16. (1) The Government may, by notification in the Official Gazette , make rules for
carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of t he foregoing powers, such
rules may provide for all or any of the following matters, namely:-
Power to make
rules.
HARYANA GOVT. GAZ. (EXTRA.), NOV. 30, 2018 (AGHN. 9, 1940 SAKA)
312
( a ) s a l a r i e s a n d a l l o w a n c e s p a y a b l e t o , a n d t h e o t h e r t e r m s a n d conditions of
appointment of Members;
(b) the form in which the annua l statement of accounts shall b e prepared under
section 12;
(c) the form in, and the time at , which the annual report shall be prepared under
section 13;
(d) any other matter which is required to be, or may be prescri bed.
(3) Every rule made under this Act shall be laid, as soon as m ay be, after it is made,
before the State Legislature.
Power to
remove
difficulties.
17. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government
may, by order published in the Official Gazette, make provision s , n o t i n c o n s i s t e n t w i t h t h e
provisions of this Act, as appear to it to be necessary or expedient, for removing the difficulty.
(2) Every order made under this section shall, as soon as may be after it is made, be laid
before the State Legislature.
Protection of
action taken in
good faith.
18. No suit, prosecution or other legal proceedings shall lie agai nst any Member, officer or
employee of the Commission for anything which is in good faith done or intended to be done under
this Act or rules made thereunder.
KULDIP JAIN,
Secretary to Government, Haryana,
Law and Legislative Department.
8458—L.R.—H.G.P., Pkl.