LexThe Telangana State Commission for Scheduled Castes and Scheduled Tribes Act, 2003.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA STATE COMMISSION FOR SCHEDULED
CASTES AND SCHEDULED TRIBES ACT, 2003.
(ACT NO. 9 OF 2003)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER - I
PRELIMINARY
1. Short title and commencement.
2. Definitions.
CHAPTER - II
TELANGANA STATE COMMISSION FOR SCHEDULED
CASTES AND SCHEDULED TRIBES.
3. Constitution of the Telangana State Commission for
Scheduled Castes and Scheduled Tribes.
4. Meetings 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. Procedure to be regulated by the Commission.
CHAPTER - III
POWERS AND FUNCTIONS OF THE COMMISSION
11. Powers of the Commission.
12. Functions of the Commission.
2 [Act No. 9 of 2003]
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.
THE TELANGANA STATE COMMISSION FOR SCHEDULED
CASTES AND SCHEDULED TRIBES ACT, 2003.1
ACT No.9 OF 2003.
CHAPTER - I
PRELIMINARY
1. (1) This Act may be called the 2Telangana State
Commission for Scheduled Castes and Scheduled Tribes
Act, 2003.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall come into force on such date as the State
Government may, by notification, in the 2Telangana Gazette,
appoint.
2. In this Act, unless the context otherwise requires:-
(a) “Chairman” means the Chairman of the 2Telangana
State Commission for Scheduled Castes and Scheduled
Tribes appointed under section 5;
(b) “Commission” means the 2Telangana State
Commission for Scheduled Castes and Scheduled Tribes
constituted under section 3;
1. The Andhra Pradesh State Commission for Scheduled Castes and
Scheduled Tribes Act, 2003 received the assent of the President on the
25th May, 200 3. The said Act in force in the combined State, as on
02.06.2014, has been adapted to the State of Telangana, under section
101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of
2014) vide. the Notification issued in G.O.Ms.No. 4, Scheduled Ca stes
Development (POA) Department, dated 05.03.2016.
2. Substituted by G.O.Ms.No.4, Scheduled Castes Development (POA)
Department, dated 05.03.2016.
Short title and
commencement.
Definitions.
2 [Act No.9 of 2003]
(c) “Civil Rights” means any right, accruing to a person
by reason of the abolition of untouchability by article 17 of
the Constitution;
(d) “Disabilities” means those as provided in art icle 15
(2) of the Constitution;
(e) “Government” means the Government of
3Telangana;
(f) “Notification” means a notification published in the
3Telangana Gazette and the word „notified‟ shall be
construed accordingly;
(g) “Prescribed” means prescribed by rules made by
the Government under this Act;
(h) “Scheduled Castes and Scheduled Tribes ” shall
have the meanings assigned to them respectively under
clause (24) and clause (25) of article 366 of the Constitution.
CHAPTER - II
3TELANGANA STATE COMMISSION FOR SCHEDULED
CASTES AND SCHEDULED TRIBES.
3. (1) The Government may, by notification, constitute a
body to be known as the 3Telangana State Commission for
Scheduled Castes and Scheduled Tribes to exercise the
powers conferred on, and to perfor m 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
3. Substituted by G.O.Ms.No.4, Scheduled Castes Development (POA)
Department, dated 05.03.2016.
Constitution of the
3Telangana State
Commission for
Scheduled Castes
and Scheduled
Tribes.
[Act No.9 of 2003] 3
thereunder, to acquire, hold and dispose of property an d to
enter into contracts and shall in the said name sue and be
sued.
(3) The Head quarters of the Commission shall be at
Hyderabad and the Government may, by notification,
specify such other place to be the Headquarters of the
Commission as may be necessary from time to time.
4. (1) The Commission shall hold ordinary meetings at
such places and at such intervals as may 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. (1) The Commission shall consist of the following
members:-
(a) a Chairman shall be an eminent person belonging
to Scheduled Caste or Scheduled Tribe 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 Castes and Scheduled
Tribes belonging to Scheduled Castes and Scheduled
Tribes out of which one woman member shall be appointed
by the Government.
(2) The Secretary shall convene the meetings of the
Commission from time to time.
Meetings of the
Commission.
Composition of
the Commission.
4 [Act No.9 of 2003]
6. 4[(1) The Chairman or the Members shall, unless
otherwise disqualified for continuing as such under the
rules, hold office for a term of three years from the date he
assumes office or until he attains the 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 hand addressed to the Government resign from the
office, but he shall continue in office till his resignation is
accepted by the Government or his successor is appointed.
4[(3) The successors so appointed under sub -section
(2) shall hold office for the remainder of the term of his
predecessor or until he attains the age of sixty five years,
whichever is earlier.]
(4) The Government may remove a person from the
office of Member, if that person,-
(a) becomes an undischarged insolvent;
(b) is convic ted 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) witho ut obtaining leave of absence from the
Commission, absents himself from three consecutive
meetings of the Commission;
4. Substituted by Act No.13 of 2006.
Term of Office
and conditions of
service of
Chairman and
Members.
[Act No.9 of 2003] 5
(f) has in the opinion of the Government, so abused
the position of the Member as to render that person‟s
continuance in office detrimen tal to the interest of
Scheduled Castes and 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. (1) The Government may appoint the Secretary 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 service 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. 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 p aid out of the grants referred to in sub -section (1) of
section 15.
9. 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.
Salaries and
allowances to be
paid out of grants.
Appointment of
Officers and other
employees of the
Commission.
Vacancies etc.,
not to invalidate
proceedings of
the Commission.
6 [Act No.9 of 2003]
10. (1) The Commission shall meet as and when necessary
at such time and place as the 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 this
behalf.
CHAPTER - III
POWERS AND FUNCTIONS OF THE COMMISSION
11. (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 part of the St ate 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 th ereof
from any Court or office;
(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 th e meaning of
Procedure to be
regulated by the
Commission.
Powers of the
Commission.
[Act No.9 of 2003] 7
sections 192 and 228 of the Indian Penal Code and the
Commission shall be deemed to be a Court for the purpose
of section 195 of the Code of Criminal Procedure, 1973.
(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. The Commission shall perform the following functions,
namely:-
(a) inquire, suo motu 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 and the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989 and
rules thereon 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 Castes and Scheduled Tribes;
(b) to investigate and monitor all matters relating to the
safeguards provided for the Scheduled Castes and
Scheduled Tribes under the Constitution or under a ny other
law for the time being in force or under any order of the
Government and to evaluate the working of such
safeguards;
Functions of the
Commission.
Central Act 45 of 1860.
Central Act 2 of 1974.
Central Act 22 of 1955.
Central Act 33 of 1989.
8 [Act No.9 of 2003]
(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 the protection of Scheduled Castes and
Scheduled Tribes 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 Castes and Scheduled Tribes
under the Constitution or under any other law;
(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 Castes and Scheduled
Tribes;
(f) to look into specific complaints regarding
deprivation of rights and safeguards in the interest of the
Scheduled Castes and Scheduled Tribes;
(g) to enquire into any unfair practice, 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 of
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;
[Act No.9 of 2003] 9
(i) to conduct studies, research and analysis on the
question of avoidance of discrimination against Scheduled
Castes and Scheduled Tribes;
(j) to suggest appropriate legal and welfare measures
in respect of Scheduled Castes and Scheduled Tribes to be
undertaken by the Government;
(k) to inquire into any unfair practice,-
(i) on receiving a written complaint from any
Scheduled Caste or Scheduled Tribe women alleging that
she has been subjected to any unfair practice or on a similar
complaint from her mother or father or si ster or brother or
from any organization;
(ii) to cause investigations or inquires to be made by
the Commissioner of Social Welfare on issues of importance
concerning Scheduled Castes and Scheduled Tribes
particularly SC/ST women and issues concerning u nfair
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 Castes and 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
10 [Act No.9 of 2003]
rights and for the upliftment and betterment of Scheduled
Castes and Scheduled Tribes;
(o) to make periodical reports at p rescribed intervals to
the Government;
(p) 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; and
(q) the recommendations of National Commission for
Scheduled Castes and Scheduled Tribes will prevail in case
of conflicting recommendations on the same issue by the
5Telangana State Commission for Scheduled Castes and
Scheduled Tribes and the National Commission for
Scheduled Castes and Scheduled Tribes.
13. The Commission shall prepare once in every year, in
such form at such time as may be prescribed an Annual
Report giving a true and full account of its activities during
the previous years and copies thereof shall be forwarded to
the Government and the Gove rnment shall cause the same
to be laid before the 5Legislature 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. (1) The Commission shall maintain proper accounts
and other relevant records and prepare an annual statement
of account in such form and in su ch manner, as may be
prescribed.
5. Substituted by G.O.Ms.No.4, Scheduled Castes Development (POA)
Department, dated 05.03.2016.
Annual Report.
Accounts and
Audit.
[Act No.9 of 2003] 11
(2) The accounts of the Commission shall be audited
by such authority at such times and in such manner as may
be prescribed.
15. (1) The Government shall, after due appropriation
made by the 6Telangana 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 b e treated as expenditure payable out of the grants
referred to in sub-section (1) thereof.
CHAPTER - V
MISCELLANEOUS
16. 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. 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.
18. (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 6Legislature of the State, if
it is in session and if it is not in session, in the session
6. Substituted by G.O.Ms.No.4, Scheduled Castes Development (POA)
Department, dated 05.03.2016.
Grants by the
Government.
Constitution of
Cells.
Chairman and
Members and
other employees
to be public
servants.
Power to make
rules.
12 [Act No.9 of 2003]
immediately following for a total period of fourteen days
which may be comp rised 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 7Legislature 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 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.
* * *
7. Substituted by G.O.Ms.No.4, Scheduled Castes Development (POA)
Department, dated 05.03.2016.