Section 1 - Short title and commencement
- This Act may be called the Punjab State Commission for Scheduled Castes Act, 2004.
- It shall come into force at once.
Section 2 - Definitions
In this?Act, unless the context otherwise requires,--
- "Chairperson" means the Chairperson of the?Commission
- "Commission" means the Punjab State Commission for Scheduled Castes constituted under section 3;
- "Government" means the Government of the?State?of?Punjab?in the Department of Welfare of?Scheduled?Castes?and Backward Classes;
- "Member" means a member of the?Commission?and includes the Chairperson and the Member-Secretary;
- "prescribed" means prescribed by rules' made under this?Act;
- "Scheduled?Castes" means such?castes, 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
- "section" means section of this?Act.
Section 3 - Constitution of theCommission
- 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.
- The?Commission?shall consist of,--
?
- a Chairperson, who shall be an eminent person belonging to?Scheduled?Castes?or a retired officer of the Government of the?State?of?Punjab?belonging to the?Scheduled?Castes?not below the rank of Principal Secretary, to be appointed by the Government;
- not more than three non-official members from amongst the members of the?Scheduled?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 of the?Scheduled?Castes?:
Provided that out of the three members, one shall be a woman;
- the Director General of Police,?Punjab, shall be the ex-officio member;
?
- the Director, Local Government,?Punjab, shall be the ex-officio member;
- the Director, Welfare of?Scheduled?Castes?and Backward Classes,?Punjab, shall be the ex-officio member; and
- one Member-Secretary, to be appointed by the Government from amongst the officers of Indian Administrative Service or the?Punjab?Civil Service, not below the rank of an Additional Secretary.
Section 4 - Term of office and conditions of service of Chairperson and members
- The Chairperson and non-official members shall hold office for a period of three years :
Provided that where the Chairperson attains the age of [Seventy-Two] years before the expiry of the aforesaid term of three years, he shall vacate his office on the day, on which he attains the such age. - The Chairperson and non-official members may, at 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.
?
- Notwithstanding anything contained in sub-section (1), the Government may, remove a person from the office of the Chairperson or member if, that person?
?
- becomes an undischarged insolvent;
- is convicted and sentenced to imprisonment for an offence which, in the opinion of the Government involves moral turpitude;
- becomes of unsound mind and stands so declared by a competent court;
- refuses to?act?or becomes incapable of acting;
- is, without obtaining leave of absence from the?Commission, absent from three consecutive meetings of the?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.
- A vacancy caused under sub-section (2) or sub-section (3) or in any other manner, shall be filled in, as soon as may be, by a fresh appointment by the Government; and the person so appointed, shall hold office for the remainder of the term 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 date on which the term of office of the member expires, then such a vacancy shall not be filled in.
- 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.
Section 5 - Officers and other employees of theCommission
- The Government shall provide the?Commission?with such officers and employees, as in the opinion of the Government, may be necessary for the efficient performance of the functions of the?Commission?under this?Act.
- The salaries and allowances payable to, and the other terms and conditions of service of the officers and other employees appointed for the purpose of the?Commission, shall be such, as may be prescribed.
Section 6 - Salary and allowances to be paid out of grants
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 to in section 5, shall be paid out of the grants referred to in section 16.
Section 7 - Vacancies etc not to invalidate proceedings of theCommission
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 appointment of a person acting as the Chairperson or a member or any irregularity in the procedure of the?Commission, including issuing of notice for holding of a meeting, not affecting merits of the matter.
Section 8 - Committees of theCommission
- The?Commission?may constitute such committee or committees, as may be considered necessary for the efficient performance, exercise and discharge of its functions, powers and duties and also for dealing with such issues, as may be taken up by the?Commission, from time to time.
- The?Commission?shall have the power to appoint one or more persons, as it may consider appropriate, on the committee, or committees, as the case may be, constituted under sub-section (1), and such person or persons, who are not members of the?Commission, shall have the right to attend the meetings of the committee and take part in its proceedings, but shall not have the right to vote.
- The person so appointed, shall be entitled to receive such allowances for attending the meetings of the Committee, as may be prescribed.
?
- The Commission may invite any representative of the National Commission for Scheduled Castes and Scheduled Tribes to any of its meetings, or may associate with itself, in such manner and for such purpose as it may deem necessary, any person whose assistance or advice, it may need in complying with any of the provisions of this Act or in carrying out any of its functions under this Act; and a person so invited or associated, shall have the right to take part in the discussion of the Commission, but shall not have the right to vote.
Section 9 - Procedure to be regulated by theCommission
- The?Commission?or a committee thereof shall meet at such time and place as the Chairperson may decide.
- The?Commission?shall regulate its own procedure and the procedure of the committees thereof.
- 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.
Section 10 - Powers and functions of theCommission
- The?Commission?shall, while investigating any matter under this?Act, have all the powers of a civil court trying a suit and, in particular, in respect of the following matters, namely :--
?
- summoning and enforcing the attendance of any person and examining him on oath;
- requiring the discovery and production of any documents;
- receiving evidence on affidavits;
- requisitioning any public record or copy thereof from any court or office;
- issuing commissions for the examination of witnesses and documents; and
- any other matter which may be prescribed.
?
- The?Commission?shall perform all or any of the following functions, namely:--
?
- to investigate and monitor all matters relating to the safeguards provided for the?Scheduled?Castes?under the Constitution of India 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;
- to participate and advise on the planning process of socioeconomic development of the?Scheduled?Castes?and to evaluate the progress of their development;
- to make recommendations as to 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,
- to discharge such other functions in relation to the protection, welfare, development and advancement of the?Scheduled?Castes?as may be prescribed;
- to advise the Government on legislative and developmental policies affecting?Scheduled?Castes;
- to undertake necessary steps at the Government and public level to protect the constitutional and legal rights of?Scheduled?Castes;
- to monitor the implementation of laws and welfare measures concerning?Scheduled?Castes?and initiate action for legal and administrative reforms to improve status of?Scheduled?Castes;
- to investigate suo motu or on complaint with respect 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?Castes?and assist prosecution with evidence and legal services;
- to conduct public interest litigation on behalf of groups of?Scheduled?Castes?in general, and in special, in an individual case of a?Scheduled?Caste, who suffer or have suffered from injustice or discrimination or to intervene in any proceeding pending before a court relating to such matters 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 of the safeguards referred to in the preceding clauses;
- to make in such reports, recommendations for the effective implementation of the aforesaid safeguards for improving the conditions of?Scheduled?Castes?by the Union or any?State;
- to review, from time to 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
- to suggest and recommend the measures for safeguarding and uplifting the status and conditions of?Scheduled?Castes?and any other matter, which may be considered necessary and proper by the?Commission?for the welfare of?Scheduled?Castes?or which may be referred to it by the Government.
Section 11 - Government to consult theCommission
The Government shall consult the?Commission?on all major policy matters affecting?Scheduled?Castes.
Section 12 - Power of theCommissionto utilize the services of certain officers and investigation agencies for conducting investigation
- The?Commission?may, for the purpose of conducting investigation under the?Act, utilize the services of,--
?
- any officer or investigation agency of the?State?of?Punjab?or any other?State?or the Central Government with the concurrence of that Government; or
- any other person.
?
- 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 and control of the?Commission,--
?
- summon and enforce the attendance of any person and examine him;
- require the discovery and production of any document; and
- requisition any public record or copy thereof from any office.
?
- Such officer or agency or 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 the?Commission?in this behalf.
?
- The?Commission?shall satisfy itself about the correctness of the facts stated and the conclusion, if any, arrived at in the investigation report submitted to it 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.
Section 13 - Statements made by persons to theCommission
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,--
- is made in reply to a question, which is required by the?Commission?or such officer or agency or person to answer; or
- is relevant to the subject matter under investigation
Section 14 - Protection of acts done in good faith
No suit, prosecution or other legal proceedings 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 or order made thereunder.
Section 15 - Registration of voluntary organisations and seeking their assistance
- Any voluntary organisation for?Scheduled?Caste within the?State, may seek registration with the?Commission?for the purposes of this?Act. The?Commission?may, after satisfying itself in the manner as it may consider appropriate about the importance and rule of such organisation in the society, include the name of such organisation in its register.
- The?Commission?may, in consultation with the voluntary organisation, evolve norms and standards on the basis of which registration of voluntary organisation is to be made.
- The?Commission?shall maintain a register of voluntary organisations referred to in sub-section (1).
- In discharge of its functions, the?Commission?may seek the assistance of any such voluntary organisation.
- A list of such organisations shall be made available to any court or authority or to the members of the general public on request.
- If, for any reason to be recorded in writing, the?Commission?deems it appropriate to cancel the name of any organisation form its register, it may do so, after giving such organisation a reasonable opportunity of being heard.
- The decision of the?Commission?about such cancellation shall be final.
Section 16 - Grants by theStateGovernment
- The?State?Government shall, after due appropriation made by the?State?Legislature by law in this behalf, pay to the?Commission?by way of grants from the Consolidated Fund of the?State, such sums of money, as the?State?Government may consider appropriate for being utilised for the purposes of this?Act.
- The?Commission?may utilise such sums of money as it considers appropriate for performing the functions under this?Act?and such sums of money shall be treated as expenditure payable out of the grants referred to in sub-section (1).
Section 17 - Accounts and Audit
- The?Commission?shall maintain proper accounts and other relevant record and prepare annual statement of accounts in such form, as may he prescribed by the Government.
- The accounts of the?Commission?shall be audited by the Local Funds Examiner,?Punjab, within three months after the close of each financial year and any expenditure in connection with such audit, shall be payable by the?Commission?to the Local Funds Examiner,?Punjab.
- The accounts of the?Commission, as certified by the Local Fund Examiner,?Punjab, together with the audit report thereon, shall be forwarded annually to the Government by the?Commission.
Section 18 - Annual report
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.
Section 19 - Annual report and audit report to be laid before theStateLegislature
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 reasons for the non-acceptance, if any, of any of such recommendations, and the audit report, to be laid, as soon as may be, after the reports, are received, before the?State?Legislature.
Section 20 - Chairperson members and staff of theCommissionto be public servants
The Chairperson, members, officers and other employees of the?Commission?shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
Section 21 - Penalty
Whoever being legally bound to obey any order of the?Commission?under section 10 or the order of an officer or investigation agency referred to in section 12 intentionally omits to do so or furnishes false information shall, on?conviction, be punished under section 174, 175, 176, 177, 178, 179 or 180, of the Indian Penal Code, as the case may be.
Section 22 - Cognizance of the offences
No court shall take cognizance of an offence specified in section 21, except on a complaint in writing of the Chairperson or a member or an officer, authorized by the Chairperson in this behalf.
Section 23 - Power to make rules
- The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this?Act.
- Every rule made under this section, shall be laid, as soon as may be, after it is made, before the House of the?State?Legislature while it is in session for a total period of ten days, which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the successive sessions as aforesaid, the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule 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 any thing previously done or omitted to be done under that rule.
Section 24 - Powers to remove difficulties
If any difficulty arises in giving effect to the provisions of this?Act, the Government may, by order, make such provision including any adaptation or modification of any provision of this?Act, as appears to the Government to be necessary or expedient for the purpose of removing the difficulty :
Provided that no such order shall be made after the expiry of a period of six months from the date of the commencement of this?Act.
Section 25 - Repeal and saving
- The?Punjab?State?Commission?for?Scheduled?Castes?Ordinance,?2004?(Punjab?Ordinance No. 3 of?2004), is hereby repealed.
- Notwithstanding such repeal, anything done or action taken under the Ordinance referred to in sub-section (1), shall be deemed to have been done or taken under the corresponding provisions of this?Act.
