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Haryana · 2018 · Bare Act

The Haryana State commission For Scheduled Castes Act,2018

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Haryana Government Gazette

EXTRAORDINARY
Published by Authority

No. 201-2018/Ext.] CHANDIGARH, FRIDAY, NOVEMBER 30, 2018 (AGRAHAYANA 9, 1940 SAKA )

LEGISLATIVE SUPPLEMENT
CONTENTS PAGES
PART-I ACTS

1. THE HARYANA STATE COMMISSION FOR SCHEDULED CASTES 309-312
ACT, 2018 (HARYANA ACT NO. 34 OF 2018)

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PART-II ORDINANCES

NIL

PART-III DELEGATED LEGISLATION

NIL

PART-IV CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS

NIL

HARYANA GOVT. GAZ. (EXTRA.), NOV. 30, 2018 (AGHN. 9, 1940 SAKA)

309

PART - I

HARYANA GOVERNMENT

LAW AND LEGISLATIVE DEPARTMENT

Notification

The 30th November, 2018

No. Leg. 24/2018.— The following Act of the Legislature of the State of Haryana received
the assent of the Governor of Haryana on the 5th November, 2018 and is hereby published for
general information:-

HARYANA ACT NO. 34 OF 2018

THE HARYANA STATE COMMISSION FOR SCHEDULED CASTES ACT, 2018

ACT

to provide for the constitution of the Commission for Scheduled Castes in the State of
Haryana and for matter connected therewith or incidental thereto.

Be it enacted by the Legislature of the State of Haryana in the Sixty-ninth Year of the
Republic of India as follows:-

1. (1) This Act may be called the Haryana State Commission for Scheduled Castes
Act, 2018.

(2) It shall come into force on such date as the Government may, by notification in
the Official Gazette, appoint.

Short title and
commencement.

2. In this Act, unless the context otherwise requires,-

(a) “Chairperson” means the Chairperson of the Commission;

(b) “Commission” means the Haryana State Commission for Scheduled Castes
constituted under section 3;

(d) “Member” means a Member of the Commission and includes the Chairperson,
Vice-Chairperson and Member-Secretary;

(e) “prescribed” means prescribed by rules made under this Act;

(f) “Scheduled Castes” means such castes, races or tribes or parts of or groups within
such castes, races or tribes specified as Scheduled Castes with respect to the
Haryana State under article 341 of the Constitution of India;

(g) “Vice-Chairperson” means the Vice-Chairperson of the Commission.

Definitions.

3. (1) The Government, by notification in the Official Gazette, shall constitute a body to
be known as the Haryana State Commission for Scheduled Castes to exercise the powers
conferred on, and to perform the functions assigned to it under this Act.

(2) The Commission shall consist of the following Members to be nominated by the
Government, namely:-

(a) Chairperson and Vice-Chairperson, who shall be an eminent person
belonging to any of the Scheduled Castes, having wide experience in
social life and who has worked, contributed in Government activities or a
retired officer of the Government belonging to the Scheduled Castes. The
Vice-Chairperson shall be designated from amongst the Members;

(b) a Member-Secretary, who is or has been an officer of the Government, not
below the rank of Special Secretary;

(c) not more than four Members, belonging to the Scheduled Castes, from
amongst the persons of ability, integrity and standing who has worked and
served for the welfare and uplift of the Scheduled Castes and at least one
of them shall be a woman.

Constitution of
Commission.

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Term and
conditions of
appointment of
Members.

4. (1) The Chairperson, Vice-Chairperson and Members shall hold office for a term of three
years from the date he assumes office:

Provided that where the Chairperson or Vice-Chairperson or a Member attains the age of
sixty-five 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.

(2) The Chairperson, Vice-Chairperson or Members may, at any time, by writing and
addressed to the Government, resign from the office.

(3) The Government shall remove a Member, if he-

(a) becomes an undischarged insolvent; or

(b) is convicted and sentenced to imprisonment for an offence which in the
opinion of the Government, involves moral turpitude; or

(d) refuses to act or becomes incapable of acting; or

(e) is, without obtaining leave of absence from the Commission, absents from
three consecutive meetings of the Commission; or

(f) has, in the opinion of the Government, so abused the position of Member as to
render that person’s continuance in office detrimental to the interests of
Scheduled Castes or public interest:

Provided that no such person shall be removed under this clause until
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 and the person so nominated shall hold office for the remainder term of his predecessor.

(5) The salary and allowances payable to, and the other terms and conditions of service
of the Chairperson, Vice-Chairperson and Members shall be such, as may be prescribed.

Officers and
other
employees of
Commission.

5. (1) The Government shall provide the Commission with such officers and employees, as
may be necessary, for the efficient performance of the functions of the Commission.

(2) The salary 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.

Salaries and
allowances to
be paid out of
grants.

6. The salary and allowances payable to the Members and the administrative expenses,
including salary, allowances and pensions payable to the officers and other employees shall be paid
out of the grants referred to in sub-section (1) of section 11.

Vacancy not to
invalidate
proceedings.

7. No act or proceedings of the Commission shall be invalid on the ground merely of the
existence of any vacancy or defect in the constitution of the Commission.

Procedure to be
regulated by
Commission.

8. (1) The Commission shall meet as and when necessary at such time and place, as the
Chairperson may think fit.

(2) The Commission shall 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 authorized by the Member-Secretary in this
behalf.

Functions and
powers of
Commission.

9. (1) The Commission shall exercise the following powers and perform the following
functions, namely:-

(i) 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;

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(ii) to inquire into specific complaints with respect to the deprivation of rights and
safeguard of the Scheduled Castes and to take up such matter with the appropriate
authorities;

(iii) to participate and advise on the planning process of socio-economic development of
the Scheduled Castes and to evaluate the progress of their development;

(iv) to make recommendations as to the measures to be taken by the Government for the
effective implementation of safeguards and other measures for the protection,
welfare and socio-economic development of the Scheduled Castes and to make
report to the Government annually and at such other time, as the Commission
deems fit;

(v) to discharge such other functions in relation to the protection, welfare, development
and advancement of the Scheduled Castes, as may be prescribed.

(2) The Commission shall, while performing its functions under sub-section (1), have all the
powers of a civil court trying a suit and in particular, in respect of the following matters, namely:-

(i) summoning and enforcing the attendance of any person from any part of India and
examining him on oath;

(ii) requiring the discovery and production of any document;

(iii) receiving evidence on affidavits;

(iv) requisitioning any public record or copy thereof from any court or office;

(v) issuing commissions for the examination of witnesses and documents; and

(vi) any other matter which is or may be prescribed.

10. (1) The Government may, at any time, and shall, at the expiration of ten years from the
coming into force of this Act and every succeeding period of ten years thereafter, undertake
revision of the Scheduled Castes in the State.

(2) The Government while acting under sub-section (1) shall consult the Commission.

Periodic revision
of Scheduled
Castes.

11. (1) The 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 Government
may think fit for being utilized for the purposes of this Act.

(2) The Commission may spend such sums, 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).

Grants by
Government.

12. The Commission shall maintain proper accounts and other relevant records and prepare an
annual statement of accounts in such form and manner, as may be prescribed.

Accounts.

13. (1) The Commission shall prepare, in such form and manner 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.

(2) The Government shall cause the annual report to be placed on the table of the State
Legislature.

Annual report.

14. The Members and employees of the Commission shall be deemed to be public servants
within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860).

Members and
employees of
Commission to be
public servants.

15. No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any
matter arising out or concerned with the provisions of this Act.

Bar of
jurisidiction.

16. (1) The Government may, by notification in the Official Gazette, make rules for
carrying out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing powers, such
rules may provide for all or any of the following matters, namely:-

Power to make
rules.

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(a) salaries and allowances payable to, and the other terms and conditions of
appointment of Members;

(b) the form in which the annual statement of accounts shall be prepared under
section 12;

(d) 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 the State Legislature.

Power to
remove
difficulties.

17. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government
may, by order published in the Official Gazette, make provisions, not inconsistent with the
provisions of this Act, as appear to it to be necessary or expedient, for removing the difficulty.

(2) Every order made under this section shall, as soon as may be after it is made, be laid
before the State Legislature.

Protection of
action taken in
good faith.

18. No suit, prosecution or other legal proceedings shall lie against any Member, officer or
employee of the Commission for anything which is in good faith done or intended to be done under
this Act or rules made thereunder.

KULDIP JAIN,
Secretary to Government, Haryana,
Law and Legislative Department.

8458—L.R.—H.G.P., Pkl.