diff --git a/PART16.txt b/PART16.txt index 329f85e..8e8924c 100644 --- a/PART16.txt +++ b/PART16.txt @@ -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