The Tamil Nadu State Commission for the Scheduled Castes and Scheduled Tribes Act, 2021

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The Tamil Nadu State Commission for the Scheduled Castes and Scheduled
Tribes Act, 2021

Act No. 17 of 2021

Keywords:
Civil Rights, Scheduled Castes and Scheduled Tribes

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An Act to constitute a Commission for the Scheduled Castes and Scheduled
Tribes in the State of Tamil Nadu and to provide for matters connected
therewith or incidental thereto.
whereas, it is expedient to constitute a commission for the scheduled
castes and scheduled tribes and to provide for matters connected therewith or
incidental thereto;
Be it enacted by the Legislative assembly of the state of tamil Nadu in the
seventy-second year of the republic of india as follows:—
CHAPTER – I.
PRELIMINARY.
1. (1) this act may be called the tamil Nadu state commission for the
scheduled castes and scheduled tribes act, 2021.
short title,
extent and
commence-
ment.
(2) it extends to the whole of the state of tamil Nadu.
(3) it shall come into force on such date as the government may, by
notification, appoint.
2. in this act, unless the context otherwise requires,— Definitions.
(a) “chairperson” means the chairperson of the commission nominated
under section 3;
(b) “civil rights” means any right accruing to a person by reason of the
abolition of untouchability by article 17 of the constitution of india;
(c) “commission” means the tamil Nadu state commission for the
scheduled castes and scheduled tribes constituted under section 3;
(d) “government” means the state government;
(e) “member” means a member of the commission and includes the
chairperson, the vice-chairperson and the member-secretary;
(f) “prescribed” means prescribed by rules made under this act;
(g) “scheduled castes and scheduled tribes” shall have the meanings,
respectively, assigned to them in clauses (24) and (25) of article 366 of the
constitution of india;
(h) “state” means the state of tamil Nadu.
CHAPTER – II.
TAMIL NADU STATE COMMISSION FOR SCHEDULED CASTES AND
SCHEDULED TRIBES.
3. (1) The Government shall, by notification, constitute a body to be known
as the tamil Nadu state commission for the scheduled castes and scheduled
tribes to exercise the powers conferred on and to perform the functions assigned
to it under this act.
constitution of
commission.
the following act of the tamil Nadu Legislative assembly received the assent
of the governor on the 22nd september 2021 and is hereby published for
general information:—
ACT No. 17 OF 2021.
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(2) the commission shall consist of,—
(i) the following members to be nominated by the government,
namely:—
(a) the chairperson, who shall be a retired Judge of the high
court belonging to any of the scheduled castes or scheduled tribes and has
special knowledge in matters relating to the Scheduled Castes and Scheduled
tribes;
(b) the v ice-chairperson, who shall be a prominent person
belonging to any of the Scheduled Castes or Scheduled Tribes, who has worked
for the welfare of the scheduled castes and scheduled tribes;
(c) five Members, of which three Members shall belong to any
of the scheduled castes, one shall belong to any of the scheduled tribes and
one shall be a prominent person having special knowledge in matters relating to
scheduled castes and scheduled tribes:
provided that one of the members shall be a woman; and
(ii) a member–secretary, to be appointed by the government from
amongst the officers of the Indian Administrative Service, not below the rank of
additional secretary to government.
Term of office
and conditions
of service of
chairperson,
vice-
chairperson
and members.
4. (1) subject to the pleasure of the government, the chairperson, the vice-
Chairperson and every Member of the Commission shall hold office for such
period, not exceeding three years and shall be eligible for re-nomination for a
second term:
Provided that the Chairperson shall hold office as such till the date on which
he attains the age of seventy years and the v ice-chairperson and the other
Members shall hold office as such till the date on which they attain the age of
sixty-five years:
provided further that if the chairperson is by reason of absence or for any
other reason, unable to perform the duties of his office, those duties shall, until
a chairperson has been nominated under section 3 and entered on the duties
thereof or until the chairperson has assumed his duties, as the case may be, be
performed by the v ice-chairperson, or such other member, as directed by the
government:
Provided also that the successor so nominated shall hold office only for the
remainder of the term of the member in whose place he has been nominated.
(2) the chairperson, the vice-chairperson or a member may, at any
time, by writing under his hand addressed to the government, resign from the
office of the Chairperson, the Vice-Chairperson or Member, as the case may be,
but shall continue in office until his resignation is accepted by the Government.
(3) Notwithstanding anything contained in sub-section (1), the
Government shall remove a person from office of the Chairperson, the Vice-
chairperson or any member, if that person,—
(a) becomes an undischarged insolvent; or
(b) has been convicted and sentenced to imprisonment for an
offence which, in the opinion of the Government, involves moral turpitude; or
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(c) becomes of unsound mind and stands so declared by a
competent court; or
(d) refuses to act or becomes incapable of acting; or
(e) without obtaining leave of absence from the commission,
absent for three consecutive meetings of the commission; or
(f) has, in the opinion of the government, so abused the position
of the chairperson, the v ice-chairperson or member, as the case may be, as
to render that person’s continuance in office detrimental to the interest of the
scheduled castes and scheduled tribes:
Provided that no Member shall be removed from his office until that
member has been given a reasonable opportunity of being heard.
(4) the honorarium and allowances payable to, and the other terms
and conditions of service of, the chairperson, the vice-chairperson and members
shall be such as may be prescribed.
5. (1) the commission shall meet as and when necessary at least once in
three months, and shall meet at such time and place as the Chairperson may think
fit.
procedure to be
regulated by
commission.
(2) the commission shall regulate its own procedure.
(3) all orders and decisions of the commission shall be authenticated by
the Member-Secretary or any other Officer of the Commission duly authorised by
the member-secretary in this behalf.
vacancies,
etc., not to
invalidate
proceedings of
commission.
6. No act or proceeding of the commission shall be questioned or shall be
invalid on the ground merely of the existence of any vacancy in, or defect in the
constitution of, the commission, or any defect in the nomination of a person acting
as the chairperson or the v ice-chairperson or a member or any irregularity in
the procedure of the commission, including in issuing of notice for holding of a
meeting, not affecting the merits of the matter.
Officers
and other
employees of
commission.
7. (1) the government shall provide the commission with such number of
officers and employees as may be necessary for the efficient performance of the
functions of the commission under this act.
(2) the salaries and allowances payable to, and the other terms and
conditions of service of, the officers and other employees of the Commission shall
be such as may be prescribed.
(3) The officers and employees referred to in sub-section (1) shall be
under the administrative control of the chairperson.
CHAPTER – III.
FUNCTIONS OF THE COMMISSION.
8. the functions of the commission shall be as follows,— functions of
commission. (a) inquire, suo moto or on a petition presented to it by a victim or by any
person on his behalf, into complaint of,—
central act 22 of
1955.
central act 33 of
1989.
(i) violation of any rights provided in the protection of civil rights act,
1955 and the scheduled castes and the scheduled tribes (prevention of atrocities)
act, 1989 and the rules made thereunder or abetment thereof;
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Tamil nadu governmenT gazeTTe exTraordinary
(ii) negligence in the prevention of such violation, by a public servant;
(b) inquire and recommend to the government 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 the discharge of his duties in regard to
the protection of the interests of the scheduled castes and scheduled tribes;
(c) 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 or in any
other law, regulation or order passed by the Union and the state governments
and to investigate and monitor all matters relating to the safeguards provided for
the scheduled castes and scheduled tribes under the constitution or under any
other law for the time being in force;
central act 22 of
1955.
central act 33 of
1989.
(d) make recommendations with a view to ensure effective implementation
and enforcement of all safeguards under the protection of civil rights act, 1955
and the scheduled castes and the scheduled tribes (prevention of atrocities) act,
1989 or any other law for the time being in force;
central act 22 of
1955.
central act 33 of
1989.
(e) undertake a review of the implementation of the policies pursued by
the Union and the state governments with respect to the scheduled castes and
scheduled tribes;
(f) inquire into specific complaints of deprivation of rights and safeguards
of the scheduled castes and scheduled tribes;
(g) spread literacy among various sections of the society regarding the
protection of civil rights act, 1955 and the scheduled castes and the scheduled
tribes (prevention of atrocities) act, 1989 and to promote awareness of the
safeguards available for the protection of these rights through publications, media,
seminars and other available means;
central act 22 of
1955.
central act 33 of
1989.
(h) conduct studies, research and analysis on the question of avoidance
of discrimination against the scheduled castes and scheduled tribes;
(i) suggest appropriate legal and welfare measures in respect of the
Scheduled Castes and Scheduled Tribes to be undertaken by the Government;
(j) monitor the working of laws in force concerning the Scheduled
castes and scheduled tribes women with a view to identify the areas where the
enforcement of laws is not effective or has not been streamlined and recommend
executive or legislative measures to be undertaken;
(k) encourage the efforts of non-governmental organizations and
institutions working, in the field of human rights or for the upliftment and betterment
of the scheduled castes and scheduled tribes;
(l) send periodical reports in such manner and at such intervals, as may
be prescribed, to the government; and
(m) exercise such other functions as may be conferred or enjoined upon
it by this act or the rules made thereunder:
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provided that if the National commission for scheduled
castes established under article 338 of the constitution or the National commission
for Scheduled Tribes established under Article 338-A of the Constitution is seized
of any matter, the commission shall cease to have jurisdiction on such matter
and in case of conflicting recommendations, the recommendation of the National
commission for scheduled castes or the National commission of scheduled
tribes, as the case may be, shall prevail over the recommendation of the
commission.
central act v of
1908.
9. the commission shall, while discharging any of the functions under
section 8, have all the powers of a civil court trying a suit under the code of civil
procedure, 1908 and, in particular, in respect of the following matters, namely:—
powers of
commission.
(a) summoning and enforcing the attendance of any person 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; and
(f) any other matter which may be prescribed.
10. the government may consult the commission on major policy matters
affecting the Scheduled Castes and Scheduled Tribes.
government
to consult
commission.
CHAPTER – IV.
FINANCE, ACCOUNTS AND AUDIT.
11. (1) the government shall, after due appropriation made by the 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 utilised for the purposes
of this act.
grants by the
government.
(2) The Commission may spend such sums out of the grants as it thinks
fit for discharging its functions under this Act, and such sums shall be treated as
expenditure payable out of the grants referred to in sub-section (1).
(3) the honorarium and allowances payable to the chairperson, the
vice-chairperson, members and the administrative expenses, including salaries
and allowances payable to the Member-Secretary, officers and other employees
of the commission, shall be paid out of the grants referred to in sub-section (1).
12. (1) the accounts of the commission shall be maintained in such manner
and in such form as may be prescribed. the commission shall prepare an annual
statement of accounts in such form as may be prescribed.
accounts and
audit.
(2) the accounts of the commission shall be audited annually by such
auditor as the government may appoint in this behalf.
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(3) the auditor appointed under sub-section (2) shall, for the purposes
of audit, have such rights, privileges and authority as may be prescribed.
(4) the member-secretary shall cause the audit report to be printed and
forward a printed copy thereof, to each member and shall place such report before
the commission for consideration at its next meeting.
(5) The Commission shall take appropriate action forthwith to remedy
any defect or irregularity that may be pointed out in the audit report.
(6) The accounts of the Commission as certified by the auditor together
with the audit report along with the remarks of the Commission thereon shall be
forwarded to the government and shall cause to be published in such manner, as
may be prescribed.
(7) the government may, by order in writing, direct the commission to
take such action as may be specified in the order to remedy, within such time as
may be specified therein, the defects, if any, disclosed in the audit report, and the
commission shall comply with such direction.
annual report. 13. the commission shall prepare in such form and at 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.
annual report
and audit
report to be
laid before the
Legislative
assembly.
14. the government shall cause the annual report together with a
memorandum of action taken on the recommendations contained therein in so far
as they relate to the government and the audit report to be laid, as soon as may
be, after the reports are received, before the Legislative assembly.
CHAPTER – V.
MISCELLANEOUS.
chairperson,
vice-
chairperson,
members,
Officers and
employees of
commission
to be public
servants.
15. The Chairperson, the Vice-Chairperson, Members, officers and employees
of the commission, when acting or purporting to act in pursuance of any of the
provisions of this act, or any rule or order or direction made or issued under this
act, shall be deemed to be public servants within the meaning of section 21 of the
indian penal code.

central act XLv
of 1860.
protection of
action taken in
good faith.
16. No suit, prosecution or other legal proceeding shall lie against any
Member of the Commission or any officer or other employee of the Commission
or any person acting under the direction either of the government or of the
commission, in respect of anything which is in good faith done or intended to
be done in pursuance of this act or any rule, order or direction made or issued
thereunder.
Power to make
rules.
17. (1) The Government may make rules for carrying out all or any of the
purposes of this act.
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Tamil nadu governmenT gazeTTe exTraordinary
(2) in particular, and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters, namely:—
(a) the honorarium and allowances payable to, and other terms
and conditions of service of, the chairperson, the vice-chairperson and members
under sub-section (4) of section 4 and the salaries and allowances payable to, and
other terms and conditions of service of, the officers and other employees under
sub-section (2) of section 7;
(b) the form and the manner in which the accounts and the form in
which the annual statement of accounts, shall be prepared under sub-section (1)
of section 12;
(c) the form in which, and the time at which the annual report shall
be prepared under section 13;
(d) in such manner and the intervals at which periodical reports are
to be sent by the commission to the government;
(e) any other matter which is required to be, or may be, prescribed
under this act.
(3) (a) all rules made under this act shall be published in the Tamil
Nadu Government Gazette and, unless they are expressed to come into force on
a particular day, shall come into force on the date on which they are so published.
(b) All rules, notifications or orders issued under this Act shall,
unless they are expressed to come into force on a particular day, shall come into
force on the date on which they are so published.
(4) Every rule made or notification or order issued under this Act shall,
as soon as possible, after it is made or issued, be placed on the table of the
Legislative assembly and if, before the expiry of the session in which it is so
placed or the next session, the Legislative Assembly makes any modification in
any such rule, notification, or order, or the Legislative Assembly decides that the
rule, notification, or order should not be made or issued, the rule, notification, or
order shall, thereafter, have effect only in such modified form or be of no effect,
as the case may be, so, however, that any such modification or annulment shall
be without prejudice to the validity of anything previously done under that rule,
notification or order.
18. No statement made by a person in the course of giving evidence before
the Commission or any officer or agency or the person referred to in section 9,
shall subject him to, or be used against him, in any civil or criminal proceeding
except a prosecution for giving false evidence by such statement:
provided that the statement—
statements made
by persons to
commission.
(a) is made in reply to a question which is required by the commission
or such officer or agency or such person to answer, or
(b) is relevant to the subject matter under investigation.
19. save as otherwise provided in this act, the provisions of this act shall be
in addition to, and not in derogation of, any other law for the time being in force.
application of
other laws not
barred.
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power to remove
difficulties.
20. If any difficulty arises in giving effect to the provisions of this
act, the government may, by an order, published in the tamil Nadu Government
Gazette, make such provisions not inconsistent with the provisions of this Act,
as appear to them to be necessary or expedient for removing the difficulty:
provided that no such order shall be made after the expiry of a period of two
years from the date of the commencement of this act.
(by order of the governor)
c. gOpi ravikUmar,
Secretary to Government (Legislation),
Law Department.
priNted a Nd p UbLished by the cOmmissiONer Of statiONery aNd priNtiNg, cheNNai
ON behaLf Of the gOverNmeNt Of t amiL NadU

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