Constitution of Goa Commission for Scheduled Castes and Scheduled Tribes

The Goa Commission for Scheduled Castes and Scheduled Tribes Act, 2010 (Act No.9 of 2010) which has been passed by the Legislative Assembly of Goa on 26/03/2010 and assented to by the Governor of Goa on 28/05/2010 has been published for general information of public on 1st June 2010. ThisAct was notified vide Notification No. 50-354-2004-05-HC/Part/1736 dated 29/06/2010 and came into force from 1/7/2010. This Act has been enforced by the Government to safeguards the interest of the Scheduled Castes and Scheduled Tribes in the state of Goa and for the matters connected therewith and incidental thereto especially for the protection and benefit of the Scheduled Castes and Scheduled Tribes communities in the state. The Goa Commission for Scheduled Castes and Scheduled Tribes have been constituted in terms of sub-section (i) of section 3 of the Goa Commission for Scheduled Castes and Scheduled Tribes Act, 2010 vide order No.1/6/2011-DTW/312 dated 14/2/2011.

Powers of the Commission:

The Commission shall, while performing its functions under section 11, have the powers of Civil Court trying a suit and in particular, in respect of the following matters, namely:-

• Summoning and enforcing the attendance of any person from any part of the state and examining him on oath;
• Requiring the discovering and production of any document;
• Receiving evidence on affidavits;
• Requisitioning any public record or copy thereof from any court or office;
• Issuing summons for the examinations of witnesses or documents ; and
• Any other matter which may be prescribed.

Any proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of section 192 and 228 of the Indian Penal Code, 1860 (Central Act 45of 1860) and the Commission shall be deemed to be a Court for the purpose of section 195 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

Functions of the Commission:

The Commission shall perform the following functions, namely:

1. Inquire, suo motu or on a petition presented to it by a victim or by any person on his behalf, into complaint of violation of :-

• Violation of any rights provided in the Protection of Civil Rights Act, 1955 (Central Act 22 of 1955) and Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (Central Act 33 of 1989) and rules framed thereon or abetment thereof.
• Negligence in the prevention of such violation, by a public servant,
• 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 the Scheduled Castes and the Scheduled Tribes.

2. To investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes and Scheduled Tribes under the Constitution of India 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.
3. To evaluate the working of various safeguards and civil rights accruing to a person as stipulated in the Protection of Civil Rights Act, 1955 (Central Act 22 of 1955) and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Central Act 33 of 1989) for the Protection of Scheduled Castes and Scheduled Tribes and in laws and regulations and any other orders passed by the Union and Governments, to investigate and monitor all matters relating to safeguards provided for the Scheduled Castes and the Scheduled Tribes under the Constitution of India or under any other law;
4. To make recommendations with a view to ensure effective implementation and enforcement of all safeguards under the Protection of Civil Rights Act, 1955 (Central Act 22 of 1955) and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Central Act 33 of 1989) and other laws and the rules;
5. To undertake a review of the implementation of the policies pursued by the Government with respect to the Scheduled Castes and Scheduled Tribes.
6. To look into specific complaints regarding deprivation of rights and safeguards in the interest of the Scheduled Castes and Scheduled Tribes.
7. To enquire into any unfair practice, take decision thereon and recommend to the Government the action to be taken in that matter.
8. To spread literacy among various section of the society regarding the Protection of Civil Rights Act, 1955 (Central Act 22 of 1955) and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Central Act 33 of 1989) and to promote awareness of the safeguards available for the protection of these rights through publications in the media, seminars and other available means.
9. To conduct studies, research and analysis on the question of avoidance of discrimination against the Scheduled Castes and the Scheduled Tribes.
10. To suggest appropriate legal and welfare measures in respect of Scheduled Castes and Scheduled tribes to be undertaken by the Government.
11. To discharge such other functions in relation to welfare, development and advancement of Scheduled Castes and Scheduled Tribes.
12. On receiving a written complaint from any Scheduled Caste and Scheduled Tribes 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;