The Andhra Pradesh State Commission for Scheduled Castes Act, 2019

Short title, extent and commencement.

1. (1) This Act may be called the Andhra Pradesh State Commission for Scheduled Castes Act, 2019.
2. (2) It extends to the whole of the State of Andhra Pradesh.
3. (3) It shall come into force on such date as the Government may, by notification in the Andhra Pradesh Gazette, appoint.

Definitions. In this Act, unless the context otherwise requires,—

1. (a) "Commission" means the Andhra Pradesh State Commission for Scheduled Castes constituted under section 3;
2. (b) "Government" means the State Government of Andhra Pradesh;
3. (c) "Member" means a Member of the Commission and includes the Chairperson;
4. (d) "Notification" means a notification published in the Andhra Pradesh Gazette and the word 'notified' shall be construed accordingly;
5. (e) "Prescribed" means prescribed by rules made under this Act;
6. (f) "Scheduled Castes" shall have the meanings assigned to them in article 366 of the Constitution of India.

Constitution of the Commission

1. (1) The Government shall, by notification in the Andhra Pradesh Gazette, constitute a body to be known as the Andhra Pradesh State Commission for Scheduled Castes to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.
2. (2) The Commission shall consist of:
   • (a) a Chairperson, who shall be a person of eminence belonging to the Scheduled Castes, having a record of service to the cause of justice for such castes, to be appointed by the Government;
   • (b) a Vice-Chairperson, who shall be a person belonging to the Scheduled Castes, having a record of service to the cause of justice for such castes, to be appointed by the Government;
   • (c) five Members, who shall be persons of integrity and having a record of service to the cause of justice for Scheduled Castes, to be appointed by the Government: Provided that at least two of the members shall be women;
   • (d) the Secretary to Government, Social Welfare Department or his nominee not below the rank of Joint Secretary to Government, shall be the ex-officio Member;
   • (e) the Director of Social Welfare, Andhra Pradesh shall be the ex-officio Member.

Term of office and conditions of service of Chairperson and Members

1. (1) The Chairperson, Vice-Chairperson and every Member shall hold office for a period of three years from the date on which they assume office: Provided that the Government may, for reasons to be recorded in writing, remove the Chairperson or any Member from the office before the expiry of their term.
2. (2) The Chairperson, Vice-Chairperson or a Member may, by writing under their hand addressed to the Government, resign from their office.
3. (3) The Chairperson, Vice-Chairperson and Members shall be paid such honorarium and allowances as may be prescribed.
4. (4) 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 under this Act.
5. (5) The offices of the Chairperson, Vice-Chairperson and Members shall be honorary but they shall be entitled to such facilities, as may be provided by the Government, for the effective discharge of their functions.

Officers and other employees of the Commission:

1. (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 under this Act.
2. (2) The salaries 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.
3. (3) The administrative expenses of the Commission including the salaries, allowances and pensions payable to the Chairperson, Members, officers and other employees of the Commission shall be defrayed out of the grants referred to in sub-section
4. (1) of section 11.

Salaries and allowances to be paid to the Chairperson and Members:

1. (1) There shall be paid to the Chairperson and Members such salaries and allowances as may be prescribed.
2. (2) The salaries and allowances payable to, and other terms and conditions of service of, the Chairperson and Members shall not be varied to their disadvantage after their appointment.

Vacancies etc., not to invalidate proceedings of the Commission:

Procedure to be regulated by the Commission Procedure to be regulated by the Commission:

1. (1) The Commission shall meet at such time and place as the Chairperson may think fit.
2. (2) The Commission shall regulate its own procedure.
3. (3) All orders and decisions of the Commission shall be authenticated by the Member-Secretary or any other officer of the Commission duly authorised by the Chairperson in this behalf.

Functions of the Commission:

1. (1) The Commission shall perform all or any of the following functions, namely:—
   • (a) 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 for the protection of the Scheduled Castes and to make recommendations as to the measures that should be taken by the Government for the effective implementation of those safeguards;
   • (b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes;
   • (c) to participate and advise on the planning process of socio-economic development of the Scheduled Castes and to evaluate the progress of their development under the State or any other law for the time being in force;
   • (d) to present to the Government, 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 Government for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Castes; and
   • (f) to discharge such other functions in relation to the protection, welfare, development and advancement of the Scheduled Castes as may be prescribed: Provided that if any matter specified in this sub-section is dealt with by the National Commission for Scheduled Castes constituted under Article 338 of the Constitution of India, the State Commission for Scheduled Castes shall cease to have jurisdiction on such matter.
2. (2) The Government shall cause the reports referred to in clause
   • (d) of sub-section
3. (1) to be laid before the Legislative Assembly 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 such recommendations.

Commission to have powers of civil court: The Commission shall, while performing its functions under section 9, have all the powers of a civil court trying a suit and, in particular, in respect of the following matters, namely:—

1. (a) summoning and enforcing the attendance of any person from any part of the State and examining him on oath;
2. (b) requiring the discovery and production of any document;
3. (c) receiving evidence on affidavits;
4. (d) requisitioning any public record or copy thereof from any court or office;
5. (e) issuing commissions for the examination of witnesses and documents; and
6. (f) any other matter which may be prescribed.

Statements made by persons to the Commission: No statement made by a person in the course of giving evidence before the Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement: Provided that the statement -

1. (a) is made in reply to the question which he is required by the Commission to answer; or
2. (b) is relevant to the subject matter under inquiry.

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

Chairperson, Members and staff of the Commission to be public servants:

Government to consult the Commission Government to consult the Commission:

Annual Report Annual Report:

1. (1) The Commission shall prepare in such form 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 State Government.
2. (2) The State Government shall cause the annual report of the Commission to be laid before the State Legislature.

Annual Report and Audit Report to be laid before the State Legislature:

Power to make rules Power to make rules

1. (1) The Government may, by notification in the Andhra Pradesh Gazette, make rules to carry out all or any of the purposes of this Act.
2. (2) Every rule made under this Act shall, immediately after it is made, be laid before the Legislature of the State, if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, the Legislature agrees in making any modification in the rule or in the annulment of the rule, the rule shall, from the date of notification of such modification or annulment in the Andhra Pradesh Gazette have effect only in such modified form or shall stand annulled, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Power to remove difficulties

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Andhra Pradesh Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to them to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of two years from the date of commencement of this Act.
2. (2) Every order made under this section shall be laid, as soon as may be after it is made, before the Legislature of the State.

-1 19. Power to repeal and savings:

1. (1) The Andhra Pradesh State Commission for Scheduled Castes and Scheduled Tribes Act, 2003 (Act No. 2 of 2004) is hereby repealed to the extent it relates to the Scheduled Castes.
2. (2) Notwithstanding such repeal:
   • (a) anything done or any action taken or any notification issued or any appointment made under the repealed Act shall be deemed to have been done or taken or issued or made under the corresponding provisions of this Act;
   • (b) all cases or proceedings pending before the Commission constituted under the repealed Act shall stand transferred to the Commission constituted under this Act and shall be disposed of in accordance with the provisions of this Act.