State Commission for Scheduled Castes Act, 2018
No: 19 Dated: Jan, 01 2018
The State Commission for the Scheduled Castes Act, 2018
(Jharkhand Act, 19, 2018)
An Act to provide for constitution of State Commission for the Scheduled Castes to provide for matters connected there with or incidental there to ;
Whereas, it is expedient to constitute a Commission for the Scheduled Castes and to provide for matters connected therewith or incidental there to;
Be it enacted by the Jharkhand State Legistature in the sixty eighth year of the Republic of India as follows:
CHAPTER-I
PRELIMINARY
1. Short title and commencement.- (I) This Act may be called the State Commission for Scheduled Castes Act, 2018.
(II) It shall come into force with effect from the date of its publication in Official Gazattee.
(III) It extends to the State of Jharkhand only.
2. Definitions.- In this Act, unless, the context otherwise requires,-
(a) "Commission" means "The State Commission for the Scheduled Castes " constituted under section 3;
(b) "Member" means a member of the Commission and includes the Chairman and the Vice Chairman of the Commission;
(c) "Scheduled Castes" shall have the meaning assigned in clause (24) of Article 366 of the Constitution of India;
CHAPTER-II
State Commission for the Scheduled Castes
3. Constitution of the Commission for the Scheduled Castes.- (1) The State Government shall, as soon as may be after the commencement of the Act constitute a body to be called as the State Commission for the Scheduled Castes to exercise the powers and perform the functions assigned to it by or under this Act with its head quarter at Ranchi.
(2) The commission shall consist of the following members, namely:-
(a) the chairman, who has special knowledge in matter relating to the Scheduled Castes, shall be nominated by the State Government;
(b) the vice Chairman, who has special knowledge in matter relating to the Scheduled Castes, shall be nominated by the State Government;
(c) three persons, who have special knowledge in matters relating to the Scheduled Castes, shall be nominated by the State Government;
4. Term of Office and Conditions of service of the Chairman, Vice Chairman and Members.- (1) Subject to the pleasure of the State Government, the Chairman, Vice Chairman and every member shall hold office for a term not exceeding three years as may be specified by the State Government.
(2) The Chairman/Vice chairman or a Member of the Commission may, at any time by writing under his hand addressed, to the State Government, resign his office.
(3) The State Government shall remove a person from the office of the Chairman or Vice Chairman or a member, if that person,-
(a) Becomes an undischarged insolvent; or
(b) Has been convicted and sentenced to imprisonment for an offence which, in the opinion of the State 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) without obtaining leave of absence from the commission, absents himself/herself from three consecutive meetings of the Commission; or
(f) has in the opinion of the State Government so abused the position of Chairman or Vice Chairman or Member as to render that person's continuance in office detrimental to the interest of the Scheduled Caste: Provided that no person shall be removed under this clause unless 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.
(5) The fixed amount/lumpsum amount and allowances payable to and the other terms and conditions of service of the Chairman, Vice Chairman and allowance payable to the Members shall be such, as may be prescribed.