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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

THE HARYANA STATE COMMISSION FOR SCHEDULED CASTES

309-312

ACT, 2018 (HARYANA ACT NO. 34 OF 2018)

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313-314

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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)

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.

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;

(c)

“Government” means the Government of the State of Haryana;

(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.

(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.

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

310

Term and

conditions of

appointment of

Members.

(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

(c)

becomes of unsound mind and stands so declared by a competent court; 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.

(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.

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.

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.

(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.

(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;

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

311

(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.

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

312

(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;

(c)

the form in, and the time at, which the annual report shall be prepared under

section 13;

(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.