Chapter II Chapter II

Maharashtra State Commission For Scheduled Castes

1. (1) The State Government shall, by notification published in the Official Gazette, constitute a body to be known as the Maharashtra 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 the following Members nominated by the State Government, namely :-
   • (a) a Chairperson, who shall be an eminent person belonging to the Scheduled Castes;
   • (b) a Member, from amongst the Advocates who have experience of minimum seven years practice in High Court or Sessions Court preferably in the Protection of Civil Rights Act, 1955 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 or a retired District and Session Judge or equivalent thereto;
   • (c) a Member, from amongst the retired officers of the State Government or Central Government, who has held the post not below the rank of Joint Secretary to the State Government;
   • (d) a Member, from amongst the renowned persons in the field of social work or having an experience of working in voluntary organization or Government organization in social and economic development of Scheduled Castes ;
   • (e) a Member, from amongst the retired Indian Police Service officers and who have sufficient experience in handling social justice cases : Provided that, out of the above Members, one of the Member shall be a woman : Provided further that, all the Members to be nominated from amongst the Scheduled Castes.
   • (f) a Member-Secretary, to be deputed by the Government from amongst the officer of the State Government not below the rank of Under Secretary.

Term of office and conditions of service of Chairperson and Members

1. (1) Every Member shall hold the office for a term of three years from the date he assumes the office : Provided that, the Chairperson or a Member shall not be appointed for more than two terms.
2. (2) A Member may, by writing under his hand addressed to the State Government, resign from the office at any time.
3. (3) The State Government shall remove a person from the office of the Chairperson or Member, if that person,-
   • (a) becomes an undischarged insolvent ;
   • (b) is convicted and sentenced to imprisonment for an offence which in the opinion of the State Government, involves moral turpitude ;
   • (c) becomes of unsound mind and stands so declared by the competent court;
   • (d) refuses to act or becomes incapable of acting ;
   • (e) is, without obtaining leave of absence from the Commission remains absent for three consecutive meetings of the Commission; or
   • (f) has, in the opinion of the State Government, so abused the position of the Chairperson or Member as to render that person’s continuance in office detrimental to the interest of the Scheduled Castes or the public interest or is otherwise unfit or unsuitable to continue as such Chairperson or Member : Provided that, no office-bearer shall be removed under this clause unless he has been given a reasonable opportunity of being heard.
4. (4) A vacancy caused under sub-section
5. (2) or
6. (3) or otherwise, shall be filled in, as soon as may be, by a fresh nomination by the State Government; and the person so nominated shall hold office for the remainder of the term of office of the person in whose vacancy such person has been nominated, would have held the office, if the vacancy had not occurred : Provided that, if the vacancy of a Member other than that of the Chairperson, occurs within six months preceding the date on which the term of office of the Member expires, the vacancy shall not be filled in.
7. (5) The honorarium, if any and allowances payable to, and the terms and conditions of holding the office of the Chairperson and Members shall be such, as may be prescribed.

1. (1) The State Government shall provide the Commission with such number of officers and employees as may be necessary for the efficient functioning of the Commission under the 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 the State Government may prescribe.

The honorarium and allowances payable to the Chairperson and Members and the administrative expenses, including salaries and allowances and other terminal benefits payable to the officers and other employees referred to in section 5, shall be paid out of the grants referred to in section 12.

No act or proceedings of the Commission shall be invalid merely on the ground of existence of any vacancy or defect in the constitution of the Commission or any defect in the nomination of a person acting as the Chairperson or as a Member, or any irregularity in the procedure of the Commission, including issuing of notice for holding of a meeting, not affecting merits of the case.

1. (1) The Commission shall meet as and when necessary, at such time and place as the Chairperson decides: Provided that, the Commission shall meet at least once in three months.
2. (2) The Commission shall regulate its own procedure and may, for this purpose, frame regulations consistent with the provisions of this Act and rules made thereunder.
3. (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.