Punjab act 005 of 2004 : The punjab state commission for scheduled castes act, 2004

A

MMQXMY¢~K.I u—fl—d

DEPARTMENT OF LEGAL AND

LEGISLATIVE

AFFAIRS,

PUNJAB

Notification The 1st

April,

2004

No.

14-Leg./2004-

The

following

Act of the

Legislature

of the State

of

Punjab

received

the assent

of the Governor of

Punjab on

the 27th

March, 2004,

and is

hereby published

for

general information:-

THE

PUNJAB

STATE

COMMISSION FOR

SCHEDULED CASTES

ACT,

2004

(Punjab ^ActNo.5of

2004)

AN

ACT

to

provide

for

the constitution

of

the Commission

for

Scheduled Castes

in the State

of Punjab

with a

view to

protecting

and safeguarding ^theinterests

of ^the

members

of ^the

Scheduled Castes in

the State

of Punjab,

to

recommend

remedial

measures for

their

welfare ^and

development ^and

for ^thematters

connected therewith or

incidental

thereto. BE it

enacted

by

the

Legislature

of the State

of

Punjab in the

Fifty-fifth

Year of

the

Republic

of India as

follows:-

Short title

and1.

(1 )

This Act

may be called the

Punjab

State Commission commencement for Scheduled Castes

Act,

2004.

(2) ^Itshall^comeinto

force^atonce. Definitions2. In

this

Act,

unless the context

otherwise

requires,- (a)

"Chairperson"

means^the

Chairperson ^ofthe

Commission; (b)

"Commission" means ^the

Punjab State Commission for Scheduled Castes

constituted under section

3; (c)

"Government" means ^the

Government^ofthe State of

Punjab

in

the

Department

of

Welfare of Scheduled Castes

and

Backward

Classes;

((1)

"Member" means^a

member ^oftheCommission and

includes the

Chairperson

and

the MembEf:

Secretary; (e)

"Prescribed" means

prescribed

by

rules^made under this

Act; (f)

"Scheduled Castes" means^suchcastes,

races^or tribes or

parts

of or

groups within such castes, races or tribes as are

deemed under article 341 of

the Constitution of India to be

Scheduled

Castes;

and (g)

"section

"

means

section

of this Act.

3.

(1)

The Government

shall,

by

notification in the

official Gazette,

constitute^a

body ^{to be}known^as

"

the

Punjab

State Commission for

Scheduled Castes" to

exercise the

powers conferred on and to

perform

the

functions

assigned

to it

under this Act.

(2) ^The

Commission shall consist ^of,- (a)

Chairperson, ^whoshall ^bean

eminent

person belonging ^to

Scheduled Castes^ora

retired

officer of the Government of

the State

of

Punjab belonging ^tothe

Scheduled Castes^notbelow the rank

of

Principal Secretary,

to

be

appointed Constitution of the

Commission

,% by ^the

Government;

(b) ^notmorethan

three non-official

members^from amongst ^themembers^ofScheduled

Castes, ^who may be

appointed by

the

Government^from amongst ^the

persons^of

ability,

integrity ^and standing, ^{who have}served^{for the}welfare ^and uplift ^oftheScheduled

Castes; Provided ^thatoutof the three

members, ^oneshall ^be woman;

(C) ^the

Director General^of

Police,

Punjab

shall ^beex- oflicio

member;

(d) ^the

Director,

Local

Government,

Punjab

shall ^be the ex-

officio

member;

(e) ^the

Director,

Welfare ^ofScheduled

Castes^and Backward

Classes,

Punjab

shall^bethe

ex-ofi'icio member; ^and

(f) ^oneMember

Secretary, ^tobe

appointed by ^the Government from

amongst

the officers of Indian Administrative Service ^orthe

Punjab

Civil Service, ^notbelow^{therank ofan}Additional Secretary.

4.

(1)

The

Chairperson

and non—official

members shall hold

Term of office and conditions office ^fora

period ^ofthree

years; ^ofservice^of Chairperson

Provided ^thatwhere^the

Chairperson

attains^theage^andmembers. of

sixty

five

years

before the

expiry

of the aforesaid term of three

years,

he shall

vacate his office^onthe day, ^onwhich^heattains^{thesuch age.} ._ . _ -- . u IAI- _. i .I

any time,

by writing ^and

addressed to

the

Government,

resign

from the office of

the

Chairperson

or

of

the

office of the

member,

as the case

may

be.

(3)

Notwithstanding anything

contained in

sub-section(1) the

Government may,

remove a

person from the office of

the Chairperson ^or

member

if, ^thatperson- (a)

becomes^an

un—discharged

insolvent;

(b) ^isconvicted ^andsentenced^to

imprisonment

for an

offence

which,

in

the

opinion

of

the Government involves moral

turpitude; (c)

becomes^ofunsound^{mind and}stands so

declared by ^a

competent

court; (d)

refuses^toactor

becomes

incapable ^of

acting;

(e) ^is,

without

obtaining

leave^of

absence from the

(0

Commission,

absent ^fromthree

consecutive meetings ^ofthe

Commission; ^and in

the

opinion

of

the

Government,

has so

abused the

position

of the

Chairperson

or

member as

to render that

person's

continuance in

office detrimental to

the

public

interest or is

otherwise unfit or

unsuitable to

continue as

such Chairperson ^or

member; Provided

that,

no

person shall be removed under this

clause until

that person has been

given

a reasonable

opportunity

of

being

heard in

the matter.

(4) ^A

vacancy

caused

under

sub-section

(2)

or

sub- section(3) ^{or in}

any

other manner, shall

be'filledfl in, ^as

soon as

may

be,

by ^a

fresh

appointment

by

the

Government;

and

the person

so appointed

shall^holdoffice^fortheremainder ^{oftheterm of}

office^of the person

in

whose

vacancy

such

person has been

appointed, would

have held

office,

if the

vacancy

had not

occurred:

Provided

that,

if

the

vacancy

of a

member other than that of

the

Chairperson

occurs

within six

months preceding ^{the dateon}

which^{theterm of}

office^ofthe member

expires,

then

such a

vacancy

shall not

be filled in.

(5) ^The

salary ^and

allowances

payable ^{to, and the} other terms

and

conditions of

holding

the

office of the

Chairperson and the

members shall

be

such,

as

may

be

prescribed.

5.

(1)

The Government

shall

provide

the

Commission with such

officers and

employees,

as in the

opinion

of the Government, may ^be

necessary ^fortheefficient

performance ^of

the functions of the Commission

under this Act.

(2) ^Thesalaries^and

allowances

payable

to, ^and the other terms and conditions

of service

of the

officers and

other employees appointed ^forthe

purpose ^ofthe

Commission,

shall^be such, ^as

may^be

prescribed.

6.

The

salary

and

allowances

payable

to the

Chairperson

and members and

the

administrative expenses,

including

salaries, allowances and

pensions

payable

to

the

officers and

other employees

referred^toinsection ^5,

shall^be

paid ^outofthe

grants referred to in

section

16.

7

No act or

proceeding

of the Commission shall be questioned ^orshall ^be

invalidm ^+1".

mannammuuis _ ^,,

.

Officers and other

employees ^of the

Commission. Salary ^and allowances to be

paid

out of grants. Vacancies etc. not to

be,

by ^a

fresh

appointment

by ^the

Government;

and

the person

so appointed

shall^hold

office^fortheremainder^ofthetermof

office^of the person

in

Whose

vacancy

such

person has been

appointed, would have held

office,

if

the

vacancy

had not

occurred:

Provided

that,

if the

vacancy

of a

member other than that

of the

Chairperson

occurs

within six

months preceding ^{the dateon}

which^thetermof

office^ofthe member

expires,

then such a

vacancy

shall not be filled in.

(5) ^The

salary ^and

allowances

payable

to, ^{and the} other terms and

conditions of

holding

the

office of the

Chairperson and the members

shall be

such,

as

may

be

prescribed.

5.

(1)

The Government shall

provide

the Commission with such

officers and

employees,

as in

the

opinion

of the Government, may ^be

necessary ^forthe

efficient

performance ^ofthe functions ^of

the

Commission under this Act.

(2) ^Thesalaries^and

allowances

payable

to, ^and the other terms

and

conditions of service

of the

officers and

other employees appointed ^forthe

purpose^ofthe

Commission,

shall^be such, ^as

may ^be

prescribed.

6. The

salary

and allowances

payable

to the

Chairperson

and members and

the

administrative expenses,

including

salaries, allowances and

pensions

payable

to the

officers and other employees

referred^toinsection ^5,

shall^be

paid ^{out ofthe}

grants referred to in

section

16.

7

No act or

proceeding

of

the Commission shall

be questioned ^orshall ^be

invalidnn

Hm.mmmll.m..1..4¢n. _ ^a.

.

Officers and other

employees ^of the

Commission. Salary ^and allowances to be

paid

out of grants. Vacancies etc. not to

of any vacancy in, ^ordefect ^intheconstitution of ^theCommission or

any

defect

in the

appointment

of

a

person acting

as the Chairperson ^oramember ^{or any}irregularity ^inthe

procedure ^of the

Commission,

including

issuing

of

notice for

holding

of ^a meeting, ^not

affecting

merits^ofthematter.

8.

(1)

The Commission

may

constitute such

committee ^or committees, ^as

may ^beconsidered necessary^{for the}efficient performance,

exercise^and

discharge ^ofits

functions, powers ^and duties and also for

dealing

with such

issues, ^as

may be

taken

by ^the Commission, ^{from timeto}time.

(2) ^TheCommission shall ^havethe

power ^to

appoint one or more

persons,

as it

may consider

appropriate,

on the committee, ^or

committees, ^{asthe case}

may be,

constituted

under sub-section(1), ^andsuchperson ^or

persons, ^{who arenot}members of ^the

Commission,

shall ^havethe

right ^toattend the

meetings

of the

committee and take

part ^inits

proceedings, ^butshall ^nothave the

right ^tovote.

(3) ^The

person ^so

appointed,

shall^beentitled ^to receive such allowances for

attending

the

meetings

of

the Committee, ^as

may^be

prescribed.

(4) ^TheCommission

may

invite ^any

representative-5)} the National

Commission for Scheduled

Castes and Scheduled Tribes ^to

any of^its

meetings ^or

may

associate with

itself, ⁱⁿsuch manner and for such

purpose ^asit

may

deem

necessary, any person whose

assistance ^or

advice, ^it

may need ⁱⁿ

complying

with any of the

provisions

of ^{this Act orin}

carrying ^out

any

of ^itsfunctions 1 .1 ^o

A ,. , W J _ '-A'_-_. _- 3....th .. -nfi-M:A'LAA Alan]! Lns.m.J-La Commission.

Committees of

the

Commission.

have

the

right

to

vote.

9.

(1)

The Commission or a

committee

thereof shall

Procedure to

be regulated by meet at

such time and

place

as

the

Chairperson may decide. the Commission.

(2) ^The

Commission shall

regulate ^itsown procedure ^{and the}

procedure ^ofthe

Committees thereof.

(3) ^Allorders^and

decisions^oftheCommission shall be

authenticated

by

the Member

Secretary

or

any other

officer of the Commission

duly

authorized

by

the

Member

Secretary

in this behalf.

10.

(1)

The Commission

shall,

while

investigating any

Powers and functions of the matter under this

Act,

have all the

powers of a civil court

trying

a Commission. suit

and,

in

particular,

in

respect

of the

following

matters,

namely:-

(a) summoning ^and

enforcing ^theattendance^of

any person ^and

examining ^himon

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

court or

office; (e)

issuing

commissions^forthe

examination^of witnesses and

documents;

and

(f) any

other matter which

may ^be

prescribed.

(2) ^TheCommission shall

perform ^allor

any^{of the} following

functions,

namely:-

(a) ^to

investigate ^and

monitor ^all

matters

relating ^to the

safeguards

provided

for the Scheduled Castes under the Constitution of

India^orunder any

other

law for

the

time

being

in

force or

under any

order

of^the

Government^andto

evaluate ^the working ^ofsuch

safeguards;

(b) ^to

participate ^and

advise^onthe

planning

process of socio-economic

development

of the

Scheduled Castes and to

evaluate the

progress

of

their development;

(c) ^{to make}recommendations^{asto the}measures^that should be taken

by

the State

Government

for the effective

implementations

of the

safeguards

and other measures

for the

protection,

welfare and socio-economic

development

of the Scheduled Castes;

(d) ^to

discharge ^suchother

functionsⁱⁿ

relation^tothe protection,

welfare,

development ^and advancement of the

Scheduled Castes as

may be

prescribed;

(e) ^to

advise^theGovernment^on

legislative ^and developmental policies

affecting

Scheduled

Casts;

(f) ^to

undertake

necessary steps ^attheGovernment and

public

level to

protect

the constitutional and legal rights ^ofScheduled

Castes;

(g) ^to

monitor^the

implementation ^oflawsand

welfare measures

concerning

Scheduled Castes and initiate action

for

legal

and administrative reforms to

improve

status of

Scheduled

Castes;

(h) ^to

investigate ^suomotuoron

complaint ^with

respect

9

(i) (i) to the

deprivation

of

rights

or

discrimination or victimization of the

Scheduled Castes and. to recommend remedial action to the Government and initiate

judicial proceedings

wherever

necessary

for effective

remedy; to

conduct studies and

research into

the

problems of Scheduled Castes and

report

the same

to the Government for

appropriate

action; to

recommend

prosecution

in

offences committed against

Scheduled Casts^andassist

prosecution with

evidence and

legal

services;

(k) ^to

conduct

public

interest

litigation ^onbehalf^of

(1)

groups ^of

Scheduled

Castes ⁱⁿ

general, ^andin special, ^inan

individual^caseofa

Scheduled

Caste, who suffer or

have suffered from

injustice

or discrimination or

to intervene in

any proceeding pending

before^acourt

relating ^tosuchmatters^with the

permission

of the court and

provide

legal

aid and

rehabilitation in

deserving

cases; to

present

to the

Government,

annually

and at such other times as the Commission

may

deem

fit, reports upon^the

working ^ofthe

safeguards referred to in

the

preceding

clauses;

(m) ^{tomakein such}

reports,

recommendations^for the effective

implementation

of

the aforesaid safeguards ^for

improving ^theconditions^of Scheduled Castes

by

the Union or

any State;

10

(n) ^to

review, ^fromtimeto

time, ^the

existing provisions of the constitution of India and other

laws

affecting Scheduled Castes and

recommend

amendments thereto so as

to

suggest

remedial

legislative measures

to meet

any lacunae,

inadequacies.

or shortcomings ^{in such}

legislation; ^and

(o) ^to

suggest ^andrecommend ^themeasures

for safeguarding ^and

uplifting ^thestatus ^and conditions of

Scheduled Castes and

any

other matter,

which

may ^beconsidered

necessary

and proper

by

the

Commission for the

welfare^of Scheduled Castes or

which

may

be

referred to it

by the

Government.

11.

The

Government shall

consult the

Commission on

all major

policy

matters

affecting

Scheduled Castes.

12.

(1 )

The Commission

may,

for the purpose

of

conducting investigation

under^{the Act,}

utilize^theservices

of;

(a) any

officer^or

investigation agency ^oftheState^of Punjab ^or

any

other State^orthe

Central Government with the concurrence of

that Government; ^or

(b) any other person

(2) ^{For the}purpose ^of

conducting

an

investigation, any

officer^or

agency

referred^{to in}

clause

(a) ^of

sub-section(1), may,

subject ^{to the}

direction^andcontrol ^ofthe

Commission,- a.

summon

and

enforce the attendance of

any person ^andexamine

him; Government to consult

the Commission. Power

of the Commission to utilize the services of certain

officers

b.

require

the

discovery

and

production

of

any document; ^and c.

requisition any public

record or

copy thereof from

any

office.

(3) ^Such

officer^or

agency

of the person shall investigate ^{into the}matter^as

directed

by ^the

Commission and submit a

report

thereon

(hereinafter

in

this section

referred to as

"

the

investigation report")

to

the

Commission within such

period,

as may ^be

specified

by ^theCommission^{in this}

behalf.

(4) ^The

Commission shall

satisfy

itself

about the correctness of

the facts and

the

conclusion,

if

any,

arrived at in

the investigation report

submitted^toit

under

sub-section(3) ^{and for} this purpose,

the

Commission

may

make such

inquiry

(including the examination

of the person

or

persons, who conducted or assisted in

the

investigation,

as it

considers

appropriate.

13. No statement

made

by

a

person

in

the course of

giving evidence before the

Commission or an

officer or

agency,

referred to in

clause

(a)

or

the person referred to in

clause

(b)

of

sub-section(1) of section

12,

shall

subject

him

to,

or

be used

against

him in

any civil or

criminal

proceedings, except

a

prosecution

for

giving

false evidence

by

such

statement; Provided that the

statement,-

(a) ^{is madein}

reply ^toa

question,

which^is required by ^theCommission^{or such}officer or

agency

or

person

to answer;

or

(c) ^is

relevant^tothe

subject

matter

under Statement made

by persons ^tothe Commission.

12