APSCST Act 12

Section 12 · Functions of the Commission

The Commission shall perform the following functions, namely: -

(a)

inquire, suomotu or on a petition presented to it by a victim or by any person on 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 there under or abetment thereof;

(ii)negligence in the Prevention of such violation, by a public servant;

(iii)inquire 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 Tribes;

(b)

to investigate and monitor all matters relating to the safeguards provided for the 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 their protection 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 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 Tribes;

(f)

to look into specific complaints regarding deprivation of rights and safeguards in the interest of the Scheduled Tribes;

(g)

to enquire into any unfair practices, 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 and 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)

toconduct studies, research and analysis on the question of avoidance of discrimination against Scheduled Tribes;

(j)

to suggest appropriate legal and welfare measures in respect of Schedule Tribes to be undertaken by the Government;

(k)

to inquire into any unfair practice,-

(i)on receiving a written complaint from any 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 of Tribal Welfare on issues of importance concerning Scheduled Tribes particularly 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 Schedule 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 non-governmental organizations and institutions working in the field of human rights and for the upliftment and betterment of Scheduled Tribes;

(o)

to make periodical reports at prescribed intervals to the Government;

(p)

to make in such reports recommendations as to the measures that should be taken by the Union or any State forthe effective implementation of those safeguards and other measures for the protection, welfare and socio economic development of Scheduled Tribes; and

(q)

to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Tribes subject to the provisions of any law;

(i)Measures to be taken prevent alienation of tribal people from the land and to effectively rehabilitate such people in whose case alienation has already been taken place;

(ii)Measures to be taken to safeguard rights of the tribal communities over mineral resources, water resources etc., as laid down by law.

(iii)Measures that need to be taken over conferring ownership rights in respect of minor forest produce to Scheduled Tribes living in forest areas.

(iv)Measures to be taken for the development of the tribal to plug loopholes and to work more viable livelihood strategies.

(v)Measure to be taken to improve the efficiency of relief and rehabilitation measures for tribal groups displaced by development projects.

(r)

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.

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