Chapter III POWERS AND FUNCTIONS OF THE COMMISSION

1. (1) The Commission shall, while performing its functions under section 12, have 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 the State 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 or documents; and
   • (vi) any other matter which may be prescribed.
2. (2) Any proceeding before the commission shall be deemed to be a judicial proceeding within the meaning of sections 192 and 228 of the Indian Penal Code and the Commission shall be deemed to be a Court for the purpose of section 195 of the Code of Criminal Procedure, 1973.
3. (3) The Commission shall have the power to requisition such information, document and such assistance as may be required from any department of the Government for the effective implementation of the provisions of this Act.

The Commission shall perform the FOLLOWING functions, namely:-

1. (a) inquire, suo motu or on a petition presented to it by a victim or by any person of his behalf, into complaint of,-
   • (i) violation of any rights provided in the Protection of Civil Rights Act, 1955 and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and rules thereon or abetment thereof:
   • (ii) negligence in the Prevention of such violation, by a public servant;
   • (iii) inquire and recommend to the concerned disciplinary authority to initiate disciplinary action in cases where the Commission is of the view that any public servant has been grossly negligent or grossly indifferent in regard to the discharge of his duties in relation to the protection of the interests of Scheduled Castes and Scheduled Tribes:
2. (b) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes and Scheduled Tribes under the Constitution or 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;
3. (c) to evaluate the working of various safeguards and civil rights accruing to a person as stipulated in the Protection of Civil Rights Act, 1955 and the Scheduled Castes and the Scheduled Tribes (prevention of Atrocities) Act, 1989 for the protection of Scheduled Castes and Scheduled Tribes and in laws and regulations and any other orders passed by the Union and State Governments, to investigate and monitor all matters relating to safeguards provided for the Scheduled Castes and Scheduled Tribes under the Constitution or under any other law;
4. (d) to make recommendations with a view to ensure effective implementation and enforcement of all safeguards under Protection of Civil Rights Act, 1955 and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and other laws and the rules;
5. (e) to undertake a review of the implementation of the policies pursued by the Union and the State Governments with respect to the Scheduled Castes and Scheduled Tribes;
6. (f) to look into specific complaints regarding deprivation of rights and safeguards in the interest of the Scheduled Castes and Scheduled Tribes;
7. (g) to enquire into any unfair practice and take decision thereon and recommend to the Government the action to be taken in that matter;
8. (h) to spread literacy among various sections of society regarding the Protection of Civil Rights Act, 1955 and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and to promote awareness of the safeguards available for the protection of these rights through publications the media, seminars and other available means;
   • (i) to conduct studies, research and analysis on the question of avoidance of discrimination against Scheduled Castes and Scheduled Tribes;
9. (j) to suggest appropriate legal and welfare measures in respect of Scheduled Castes and Scheduled Tribes to be undertaken by the Government;
10. (k) to inquire into any unfair practices;
11. (l) on receiving a written complaint from any Scheduled Caste or Scheduled Tribe women alleging that she has been subjected to any unfair practice or on a similar complaint from her mother or father or sister or brother or from any organization;
    • (ii) to cause investigations or inquires to be made by the Commissioner of Social Welfare on issues of importance concerning Scheduled Castes and Scheduled Tribes particularly SC/ST women and issues concerning unfair practice and to report thereon to the Government on the corrective measures to be taken:
12. (l) the monitoring of the working of laws in force concerning Scheduled Castes and Scheduled Tribes women with a view to identifying the areas where the enforcement of laws is not adequately effective or has not been streamlined and recommending executive or legislative measures to be taken;
13. (m) to invite one or more prominent persons to participate in the meetings of the Commission to advise on such matters as may be necessary;
14. (n) to encourage the efforts of non-governmental organizations and institutions working in the field of human rights and for the upliftment and betterment of Scheduled Castes and Scheduled Tribes;
15. (o) to make periodical reports at prescribed intervals to the Government;
16. (p) to exercise such other powers and perform such other functions as may be conferred or enjoined upon it by this Act or the rules made thereunder; and
17. (q) The recommendations of National Commission for Scheduled Castes and Scheduled Tribes will prevail in case of conflicting recommendations on the same issue by the Andhra Pradesh State Commission for Scheduled Castes and Scheduled Tribes and the National Commission for Scheduled Castes and Scheduled Tribes.

The Commission shall prepare once, in every year, in such form at such time as may be prescribed an Annual Report giving a true and full account of its activities during the previous years and copies thereof shall be forwarded to the Government and the Government shall cause the same to be laid before the Legislative Assembly of the State along with a Memorandum explaining the action taken or proposed to be taken on its recommendations and the reasons for the non-acceptance, if any, of such recommendations.