AMENDMENT_65_07061990
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PART16.txt
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PART16.txt
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@ -158,18 +158,82 @@ the Anglo-Indian community.
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THE CONSTITUTION OF INDIA
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THE CONSTITUTION OF INDIA
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338. Special Officer for Scheduled Castes, Scheduled Tribes etc
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338. National Commission for Scheduled Castes and Scheduled Tribes.—(1) There
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(1) There shall be a Special Officer for the Scheduled Castes and Scheduled Trib
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shall be a Commission for the Scheduled Castes and
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es to be appointed by the President
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Scheduled Tribes to be known as the National Commission for the
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(2) It shall be the duty of the Special Officer to investigate all matters relat
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Scheduled Castes and Scheduled Tribes.
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ing to the safeguards provided for the Scheduled Castes and Scheduled Tribes und
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er this Constitution and report to the President upon the working of those safeg
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(2) Subject to the provisions of any law made in this behalf by
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uards at such intervals as the President may direct, and the President shall cau
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Parliament, the Commission shall consist of a Chairperson,
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se all such reports to be laid before each House of Parliament
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Vice-Chairperson and five other Members and the conditions of service
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(3) In this article references to the Scheduled Castes and Scheduled Tribes shal
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and tenure of office of the Chairperson, Vice-Chairperson and other
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l be construed as including references to such other backward classes as the Pre
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Members so appointed shall be such as the President may by rule
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sident may, on receipt of the report of a Commission appointed under clause ( 1
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determine.
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) of Article 340, by order specify and also to the Anglo Indian community
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(3) The Chairperson, Vice-Chairperson and other Members of the
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Commission shall be appointed by the President by warrant under his hand and sea
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l.
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(4) The Commission shall have the power to regulate its own procedure.
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(5) It shall be the duty of the Commission—
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(a) to investigate and monitor all matters relating to the safeguards
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provided for the Scheduled Castes and Scheduled Tribes under this Constitution o
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r under any
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other law for the time being in force or under any order of the
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Government and to evaluate the working of such safeguards;
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(b) to inquire into specific complaints with respect to the
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deprivation of rights and safeguards of the Scheduled Castes and Scheduled Tribe
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s;
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(c) to participate and advise on the planning process of socioeconomic developme
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nt of the Scheduled Castes and Scheduled Tribes and to evaluate the
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progress of their development under the Union and any State;
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(d) to present to the President, annually and at such other times as the
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Commission may deem fit, reports upon the working of those safeguards;
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(e) to make in such reports recommendations as to the measures that
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should be taken by the Union or any State for the effective implementation of
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those safeguards and other measures for the protection, welfare and socioeconomi
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c development of the Scheduled Castes and Scheduled Tribes; and
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(f) to discharge such other functions in relation to the protection,
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welfare and development and advancement of the Scheduled Castes and Scheduled Tr
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ibes as
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the President may, subject to the provisions of any law made by
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Parliament, by rule specify.
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(6) The President shall cause all such reports to be laid before each
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House of Parliament along with a memorandum explaining the action taken or
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proposed to be taken on the recommendations relating to the Union and the
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reasons for the non-acceptance, if any, of any of such recommendations.
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170
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THE CONSTITUTION OF INDIA
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(7) Where any such report, or any part thereof, relates to any matter with
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which any State Government is concerned, a copy of such report shall be
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forwarded to the Governor of the State who shall cause it to be laid before the
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Legislature of the State along with a memorandum explaining the action taken
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or proposed to be taken on the recommendations relating to the State and the
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reasons for the non-acceptance, if any, of any of such recommendations.
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(8) The Commission shall, while investigating any matter referred to in
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sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of
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clause (5), have all the powers of a civil court trying a suit and in particular
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in
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respect of the following matters, namely :—
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(a) summoning and enforcing the attendance of any person from
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any part of India and examining him on oath;
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(b) requiring the discovery and production of any document;
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(c) receiving evidence on affidavits;
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(d) requisitioning any public record or copy thereof from any
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court or office;
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(e) issuing commissions for the examination of witnesses and
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documents;
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(f) any other matter which the President may, by rule, determine.
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(9) The Union and every State Government shall consult the
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Commission on all major policy matters affecting Scheduled Castes and Scheduled
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Tribes.
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(10) In this article, references to the Scheduled Castes and Scheduled Tribes sh
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all be construed
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as including references to such other backward classes as the President may, on
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receipt of the report of a Commission appointed under clause (1) of article 340,
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by order specify and also to the Anglo-Indian community.
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171
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171
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