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AMENDMENT_65_07061990

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Abhay Rana 2015-04-23 13:00:11 +05:30
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PART16.txt
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@ -158,18 +158,82 @@ the Anglo-Indian community.
THE CONSTITUTION OF INDIA
338. Special Officer for Scheduled Castes, Scheduled Tribes etc
(1) There shall be a Special Officer for the Scheduled Castes and Scheduled Trib
es to be appointed by the President
(2) It shall be the duty of the Special Officer to investigate all matters relat
ing to the safeguards provided for the Scheduled Castes and Scheduled Tribes und
er this Constitution and report to the President upon the working of those safeg
uards at such intervals as the President may direct, and the President shall cau
se all such reports to be laid before each House of Parliament
(3) In this article references to the Scheduled Castes and Scheduled Tribes shal
l be construed as including references to such other backward classes as the Pre
sident may, on receipt of the report of a Commission appointed under clause ( 1
) of Article 340, by order specify and also to the Anglo Indian community
338. National Commission for Scheduled Castes and Scheduled Tribes.—(1) There
shall be a Commission for the Scheduled Castes and
Scheduled Tribes to be known as the National Commission for the
Scheduled Castes and Scheduled Tribes.
(2) Subject to the provisions of any law made in this behalf by
Parliament, the Commission shall consist of a Chairperson,
Vice-Chairperson and five other Members and the conditions of service
and tenure of office of the Chairperson, Vice-Chairperson and other
Members so appointed shall be such as the President may by rule
determine.
(3) The Chairperson, Vice-Chairperson and other Members of the
Commission shall be appointed by the President by warrant under his hand and sea
l.
(4) The Commission shall have the power to regulate its own procedure.
(5) It shall be the duty of the Commission—
(a) to investigate and monitor all matters relating to the safeguards
provided for the Scheduled Castes and Scheduled Tribes under this Constitution o
r 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;
(b) to inquire into specific complaints with respect to the
deprivation of rights and safeguards of the Scheduled Castes and Scheduled Tribe
s;
(c) to participate and advise on the planning process of socioeconomic developme
nt of the Scheduled Castes and Scheduled Tribes and to evaluate the
progress of their development under the Union and any State;
(d) to present to the President, annually and at such other times as the
Commission may deem fit, reports upon the working of those safeguards;
(e) to make in such reports recommendations as to the measures that
should be taken by the Union or any State for the effective implementation of
those safeguards and other measures for the protection, welfare and socioeconomi
c development of the Scheduled Castes and Scheduled Tribes; and
(f) to discharge such other functions in relation to the protection,
welfare and development and advancement of the Scheduled Castes and Scheduled Tr
ibes as
the President may, subject to the provisions of any law made by
Parliament, by rule specify.
(6) The President shall cause all such reports to be laid before each
House of Parliament along with a memorandum explaining the action taken or
proposed to be taken on the recommendations relating to the Union and the
reasons for the non-acceptance, if any, of any of such recommendations.
170
THE CONSTITUTION OF INDIA
(7) Where any such report, or any part thereof, relates to any matter with
which any State Government is concerned, a copy of such report shall be
forwarded to the Governor of the State who shall cause it to be laid before the
Legislature of the State along with a memorandum explaining the action taken
or proposed to be taken on the recommendations relating to the State and the
reasons for the non-acceptance, if any, of any of such recommendations.
(8) The Commission shall, while investigating any matter referred to in
sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of
clause (5), have all the powers of a civil court trying a suit and in particular
in
respect of the following matters, namely :—
(a) summoning and enforcing the attendance of any person from
any part of India 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;
(f) any other matter which the President may, by rule, determine.
(9) The Union and every State Government shall consult the
Commission on all major policy matters affecting Scheduled Castes and Scheduled
Tribes.
(10) In this article, references to the Scheduled Castes and Scheduled Tribes sh
all be construed
as including references to such other backward classes as the President may, on
receipt of the report of a Commission appointed under clause (1) of article 340,
by order specify and also to the Anglo-Indian community.
171