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State of Andhra Pradesh - Section

Section 12 in Andhra Pradesh State Commission for Scheduled Castes and Scheduled Tribes Act, 2003

12. Functions of the Commission.

- The Commission shall perform the following functions, namely:-
(a)enquire, 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 (Central Act 22 of 1955) and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Central Act 33 of 1989) and rules thereon or abetment thereof;
(ii)negligence in the Prevention of such violation, by a public servant;
(iii)enquire 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.
(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;
(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;
(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,
(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;
(f)to look into specific complaints regarding deprivation of rights and safeguards in the interest of the Scheduled Castes and Scheduled Tribes;
(g)to enquire into any unfair practise take decision thereon and recommend to the Government the action to be taken in that matter;
(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;
(j)to suggest appropriate legal and welfare measures in respect of Scheduled Castes and Scheduled Tribes to be undertaken by the Government;
(k)to enquire into any unfair practise; -
(i)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 ol 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;
(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;
(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;
(n)to encourage the efforts of nongovernmental organisations and institutions working in the field of human rights and for the upliftment and betterment of Scheduled Castes and Scheduled Tribes;
(o)to make periodical reports at prescribed intervals to the Government;
(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
(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.