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Section 11: Functions of the Commission

The Goa Commission for Scheduled Castes and Scheduled Tribes Act, 2010State Act of Goa · Act 9 of 2010

(1) The Commission shall perform the following functions, namely:—

(a) Inquire, suo motu 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 framed thereon 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 the Scheduled Castes and the Scheduled Tribes;

(b) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes and the 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;

(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 (Central Act 22 of 1955) and the Scheduled Castes and the 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;

(d) 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 the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Central Act 33 of 1989) and other laws and the rules;

(e) to undertake a review of the implementation of the policies pursued by the Government 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 practice, take decision thereon and recommend to the Government the action to be taken in that matter;

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(h) 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 the 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;

(i) to conduct studies, research and analysis on the question of avoidance of discrimination against the Scheduled Castes and the 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 discharge such other functions in relation to welfare, development and advancement of Scheduled Castes and Scheduled Tribes;

(i) on receiving a written complaint from any Scheduled Caste and 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 inquiries to be made by the Director of Tribal 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 the Scheduled Castes and the 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 non-governmental organizations 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 Goa Commission for Scheduled Castes and Scheduled Tribes and the National Commission for Scheduled Castes and Scheduled Tribes.

Where this provision sits

ActThe Goa Commission for Scheduled Castes and Scheduled Tribes Act, 2010
Section11
Marginal noteFunctions of the Commission
JurisdictionState of Goa
StatusIn force as published by the source

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