STATE
COMMISSION FOR THE SCHEDULED CASTES AND THE SCHEDULED TRIBES ACT, 2002 THE KARNATAKA STATE COMMISSION FOR THE SCHEDULED CASTES AND THE SCHEDULED
TRIBES ACT, 2002. [Act, No. 20 of 2002] [6th September, 2002] An Act to provide
for constitution of a Karnataka State Commission for the Scheduled Castes and
the Scheduled Tribes and to provide for matters connected therewith or incidental
thereto; Wheres it is
expedient to constitute a Commission for the Scheduled Castes and the Scheduled
Tribes and to provide for matters connected therewith or incidental thereto; Be it enacted by
the Karnatka State Legislature in the fifty third year of the Republic of India
as follows: (1)
This Act may be called the Karnataka State Commission for
the Scheduled castes and the Scheduled Tribes Act, 2002. (2)
It shall be deemed to have come into force with effect
from the Fifth day of January, 2002. In this Act,
unless the context otherwise requires,-- (a) ??"Commission" means
the Karnataka State Commission for the Scheduled Castes and the Scheduled
Tribes constituted under section 3; (b)?? "Member" means a
member of the Commission; (c)?? "Scheduled Castes"
shall have the meaning assigned in clause(24) of Article 366 of the
Constitution of India; (d)?? "Scheduled Tribes"
shall have the meaning assigned in clause (25) of Article 366 of the Constitution
of India. (1)
The State Government shall, as soon as may be after the
commencement of the Act constitute a body to be called as the Karnataka State
Commission for the Scheduled Castes and the Scheduled Tribes to exercise the
powers and perform the functions assigned to it by or under this Act with its
head quarters at Bangalore. (2)
The Commission shall consist of the following members,
namely:-- (a)
the Chairperson, who has special knowledge in matter
relating to the Scheduled Castes and the Scheduled Tribes nominated by the
State Government; (b)
two persons, who have special knowledge in matters
relating to the Scheduled Castes and the Scheduled Tribes nominated by the
State Government; (c)
The Director, Social Welfare or Director Tribal Welfare
shall be the Member Secretary of the Commission respectively in matters
pertaining to the Scheduled Castes and the Scheduled Tribes. (1)
Subject to the pleasure of the State Government, the
Chairperson and every member shall hold office for a term not exceeding three
years as may be specified by the State Government. (2)
The Chairperson or a member of the Commission may, at any
time by writing under his hand addressed, to the State Government, resign his
office. (3)
The State Government shall remove a person from the
office of the Chairperson or of a 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 State Government, involves moral
turpitude; or (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,
absents from three consecutive meetings of the Commission; or (f)
has in the opinion of the State Government so abused the
position of Chairperson or Member as to render that person's continuance in
office detrimental to the interest of the Scheduled Caste and the Scheduled
Tribes: Provided that no
person shall be removed under this clause unless 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. (5)
The salaries and allowances payable to and the other
terms and conditions of service of the Chairperson and allowance payable to the
Members shall be such, as may be prescribed. (1)
The State Government shall provide the Commission with
such officers and employees as may be required for the proper functioning of
the Commission. (2)
The Administrative expenses of the commission including
the salary and allowances payable to the Chairperson, allowance payable to
members and salary and allowance payable to the Officers and employees of the
Commission shall be paid out of the grants referred to in Section 11. No act or
proceedings of the Commission shall be invalid merely on the ground of the
existence of any vacancy in the office of membership of the commission or
defect in the Constitution of the Commission. (1)
The Commission shall meet as and when necessary,
ordinarily at Bangalore and at such places as the Chairperson may think fit. (2)
The Commission shall have power to 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. The functions of
the commission shall be as follows,-- (a)
to investigate and examine the working of various
safeguards 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 and the Scheduled Tribes of
Karnataka and; (b)
to inquire into specific complaints with respect to the
deprivation of rights and safeguard of the Scheduled Castes and the Scheduled
Tribes of Karnataka and to take up such matter with the appropriate authorities; (c)
to participate and advise on the planning process of
socio economic development of the Scheduled Castes and the Scheduled Tribes and
to evaluate the progress of their development in the State. (d)
to make recommendations as to the measures that should be
taken by the State for the effective implementation of safeguards and other
measures for the protection, welfare and socio economic development of the
Scheduled Castes and the Scheduled Tribes and to make report to the State Government
annually and at such other time as the Commission may deems fit. (e)
to discharge such other functions in relation to the
protection, welfare, development and advancement of the Scheduled Castes and
the Scheduled Tribes as may be prescribed: Provided that if
any matter specified in this section is dealt with by the National commission
for Scheduled Castes and the Scheduled Tribes established under Article 338 of
the Constitution of India the State Commission for Scheduled Castes and the
Scheduled Tribes shall cease to have jurisdiction on such matter. The State
Government shall cause such reports referred to in clause (d) of Section 8 to
be laid before each House of the State Legislature explaining action taken or proposed
to be taken and the reasons, if any, for non--acceptance of the
recommendations. The Commission
shall, while investigating any matter under section 8, have all the powers of a
civil court in trying a suit and in particular, in respect of the following
maters, namely:-- (a)
summoning and enforcing the attendance of any person from
any part of the State 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 there of from
any court or office; (e)
issuing Commissions for the examination of witnesses and
documents; and (f)
any other matter which may be prescribed. (1)
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 such sums of money as the State Government may think fit, for being
utilised for the purposes of this Act. (2)
The Commission may spend such sums out of the grants as
it thinks fit for performing the functions under this Act, and such sums shall
be treated as expenditure payable out of the grants referred to in
sub--section(1). (1)
Accounts of income and expenditure of the Commission
shall be kept in accordance with such rules, as may be prescribed. (2)
The Commission shall prepare an annual statement of
accounts in such form as may be prescribed. (3)
The accounts of the Commission shall be audited annually
by such auditor as the State Government may appoint. (4)
The auditor shall, for the purpose of the audit, have
access to all the accounts and other records of the Commission. (5)
The Commission shall pay from its grant such charges for
the audit, as may be prescribed. (6)
As soon as may be after the receipt of the report of the
auditor, the Commission shall send a copy of the annual statement of accounts
together with a copy of the report of the auditor to the State Government and
shall cause to be published the annual statement of accounts in such manner, as
may be prescribed. (7)
The State Government shall cause the audit report to be
laid as soon as may be after it is received before each House of the State
Legislature. (8)
The State Government may, after perusal of the report of
the auditor give such directions, as it thinks fit to the Commission and the
Commission shall comply with such directions. The Chairperson,
Members and employees of the Commission shall be deemed to be public servants
within the meaning of section 21 of the Indian Penal Code (Central Act 45 of
1860) (1)
The State Government may after previous publication by notification
in the official Gazette make rules for the purposes of carrying out the
provisions of this Act. (2)
In particular, and without prejudice to the generality of
the foregoing provisions such rules may provide for all or any of the following
matters, namely:-- (a)
salary and allowance payable to, and other terms and
conditions of service of the Chairperson and allowances payable to Members
under sub--section(5) of section 4; (b)
the form in which the annual statement of accounts shall
be prepared under sub--section(2) of section 12; (c)
any other matter which is required to be, or may be
prescribed. (3)
Every rule made under this Act shall be laid, as soon as
may be after it is made, before each House of the State Lelgislature while it
is in session, for a total period of thirty 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 session immediately following session
aforesaid both Houses agree in making any modification in the rule or both
Houses agree 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 anything previously done under that rule. (1) If any difficulty arises in giving effect to the provisions of this Act,
the State Government may by order, published in the official Gazette, make such
provisions not inconsistent with the provisions of this Act as appear to it 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 commencement of this Act. (2) Every order made under this section shall as soon as may be after it is
made be laid before each House of the State Legislature. (1)
The Karnataka State Commission for the Scheduled Castes
and the Scheduled Tribes Ordinance, 2001 (Karnataka Ordinance 8 of 2001) is
hereby repealed. (2) Notwithstanding such repeal anything done or any action taken under the
said Ordinance shall be deemed to have been done or taken under this Act.
Preamble 1 - KARNATAKA STATE COMMISSION FOR THE SCHEDULED CASTES AND THE
SCHEDULED TRIBES ACT, 2002PREAMBLE