Rules of Procedure of The National Commission For Scheduled Tribes, 2021
Published vide Notification No. G.S.R. 550(E), dated 22.6.2021
Last Updated 16th July, 2022 [act3924]
(Formation notified vide file No. 17014/12/99-TDR, dated 19th February, 2004, Ministry of Tribal Affairs).
[Under Article 338A (4) of the Constitution]G.S.R. 550(E). - This is in supersession of Rules of Procedure of the National Commission for Scheduled Tribes published in the Gazette of India on 16.10.2004 vide G.S.R. 365. These Rules may be called, the Rules of Procedure of National Commission for Scheduled Tribes, 2021 which come to effect from the 22nd June, 2021.
General1. Constitution of The Commission. - The National Commission for Scheduled Tribes (hereinafter called the Commission) has been constituted under Article 338A of the Constitution of India as amended by the Constitution (Eighty- Ninth Amendment) Act, 2003. The Commission shall consist of a Chairperson, a Vice-Chairperson and three other Members. 2. Constitutional Provisions. - The duties of the commission as laid down in the Article 338A(5) & 338A(9) of the Constitution of India are:
(A) 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;
(B) To inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Tribes;
(C) To participate and advise on the planning process of socio-economic development of the Scheduled Tribes and to evaluate the progress of their development under the Union and any State;
(D) To present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
(E) To make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Tribes; and
(F) To discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Tribes as the President may, subject to the provisions of any law made by Parliament, by rule specify.
(G) The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Tribes.3. Headquarters of the Commission. - 3.1 The Headquarters of the Commission shall be located at New Delhi. 3.2 The Commission shall function by holding 'sittings', 'meetings', review meetings, recording of statements of complainants, examination of witnesses etc. at any place within the country through its officers, at the Headquarters, in the Regional offices, in the Camp Office/ Residence Office of the Chairperson of the Commission. The Members of the Commission including the Chairperson and Vice Chairperson shall function in accordance with the procedure prescribed under these rules. 3.3 The Commission shall take steps on its expenses to create and maintain fully furnished and fully equipped Camp Office/ Residence Office at official residence of the Chairperson.
Division of Responsibilities And Allocation of Work4. Chairperson. - 4.1 The Chairperson shall be the head of the Commission and shall have powers to decide on all questions and matters pertaining to and arising in the Commission. 4.2 The Chairperson shall allocate subjects and responsibilities among the Members of the Commission. The Orders allocating the subjects and responsibilities shall be circulated to all concerned by the Secretariat of the Commission. 4.3 The Chairperson shall be the authority to sanction leave and approve tours of the Vice- Chairperson, Members, Secretary and Joint Secretary. 4.4 The Chairperson shall preside over the meetings of the Commission. 4.5 All important decisions in the Commission about its functioning shall be taken with the approval of the Chairperson. 4.6 All important administrative matters like appointments, promotions, transfer, posting and deputation etc. shall be placed before the Chairperson wherein he/she may pass general or specific order on such matter(s). 4.7 The Chairperson may call for any records on any matter which he/she considers important and may take a decision on it himself/herself or, if necessary, place it at the meeting of the Commission. 4.8 The Chairperson shall be the authority to approve Annual Report, Special Report(s) as adopted by the Commission and Communication(s) to the Ministries/ Departments of the Government of India/ State Government(s)/ Union Territory(s)/ Media. 4.9 The Chairperson shall take decision to conduct specific studies in the areas of the safeguards provided to Scheduled Tribes and shall sanction the budget required for such studies. 4.10 The Chairperson shall nominate any person as the representative of the National Commission for Scheduled Tribe wherever applicable. 4.11 The Chairperson shall designate an officer not below the rank of Deputy Secretary as Appellate Authority for disposal of cases relating to the Right to Information Act, 2005. 5. Vice-Chairperson. - 5.1 The Vice-Chairperson shall preside over the meetings of the Commission in the absence of the Chairperson. 5.2 The Vice-Chairperson shall perform such functions as are entrusted to him/her by the Chairperson. 6. Members. - 6.1 The Members of the Commission shall have collective responsibility and shall function by participating in the 'meetings' and 'sittings' of the Commission and looking after the subjects allocated to them by the Chairperson. Important actions and decisions of a Member may be brought at a meeting of the Commission which may review the same. 6.2 Any Member may suggest items for inclusion in the agenda of a meeting of the Commission and the same shall be so included after obtaining the consent of the Chairperson. 6.3 Each Member shall have overall responsibility of subjects and/or regions or State(s)/ Union Territory(s) as may be allocated to him by the Chairperson. 6.4 The Members shall play the role of advising the State Government(s)/ Union Territory(s) under their jurisdiction on matters of planning and development relating to the welfare of Scheduled Tribes in accordance with the decisions taken in the meetings of the Commission / with prior approval of the Chairperson. The Commission's Secretariat at Headquarters and the Regional Offices shall assist the Members in keeping them fully informed of the problems and activities of the States and subjects under their respective charge. 6.5 One or more Members may, in accordance with the procedure specified in the rules elsewhere, hold sittings of the Commission to give hearing to the cases and/ or to collect evidence or information on any matter, issue or case under investigation or inquiry of the Commission. 6.6 The Members shall communicate their tour Programme through either the Secretariat of the Commission or Secretariat of the Chairperson/ Vice-Chairperson/ Member(s) well in advance to the Regional offices indicating in detail the purpose of the visit and to the State Govt. Department and others concerned for discussions/inquiry, etc., during the tour/ visit and shall be responsible to submit tour/ visit report to the Chairperson within reasonable time. The Members will observe the norms laid down by the State Government(s) regarding security/ travel/ accommodation etc., during such tours. 7. Secretary. - 7.1 The Secretary shall be the administrative head of the Secretariat of the Commission and shall assist the Commission, its Member(s) including Chairperson and Vice-Chairperson in the discharge of its functions with the assistance of the officers of the Commission. 7.2 All important administrative matters shall be placed before the Secretary who may pass general or specific orders on such matters with the approval of the Chairperson only and in the absence of the Chairperson by the competent authority as designated by the Chairperson in this regard. 7.3 The Secretary shall be responsible for having the agenda prepared for the meetings of the Commission and for circulating the minutes with prior approval of the Chairperson. 7.4 The Secretary shall be the authority to sanction leave to Directors, all Group 'A' and Gazetted officers below him/her. 7.5 The Secretary shall be accountable to the Commission and shall be responsible to update the Commission with all relevant information relating to safeguards provided for the Scheduled Tribes under the Constitution, under any other law for the time being in force or under any order of the Government or by any Order / Direction issued by the Hon'ble Supreme Court of India or any High Court. 7.6 The Secretary shall be the Chief Vigilance Officer of the Commission and shall report all important matters to the Chairperson pertaining to vigilance cases. 7.7 The Secretary may, in his/her discretion, delegate any of his/her functions or authority to a subordinate officer of the Secretariat with the approval of Chairperson. 7.8 The Secretary shall be responsible to assist and monitor preparation of Annual Report, Special Report(s) and ensure proper liaison with the Ministries/ Departments of Government of India / State Government(s) / UTs. 7.9 The Secretary shall be responsible to assist for conducting the meetings of the Commission in accordance with the procedure laid down in Chapter IV of the Rules of Procedure. 8. Joint Secretary. - 8.1 The Joint Secretary shall be responsible to monitor working of the Officials of the Commission including Regional offices of the Commission. 8.2 All important administrative matters shall be placed before the Joint Secretary who may pass general or specific orders on such matters with the approval of the Chairperson/ Secretary. 8.3 The Joint Secretary, in absence of the Secretary, shall be responsible for having the agenda prepared for the meetings of the Commission. 8.4 The Joint Secretary shall be the authority to sanction leave to Group 'B' officers & other staff of the Commission. 8.5 The Joint Secretary, in absence of the Secretary, shall be accountable to the Commission and shall be responsible to update the Commission on all relevant information relating to safeguards provided for the Scheduled Tribes under the Constitution, under any other law for the time being in force or under any order of the Government or by any Order / Direction issued by the Hon'ble Supreme Court of India or any High Court. 8.6 The Joint Secretary shall also function as Vigilance Officer of the Commission and may act as Chief Vigilance Officer in absence of the Secretary of the Commission with the approval of Chairperson and shall report all important matters to the Chairperson pertaining to vigilance cases. 8.7 The Joint Secretary may, in his/her discretion, delegate any of his/her function or authority to a subordinate officer of the secretariat with the approval of Chairperson/ Secretary. 8.8 The Joint Secretary shall be responsible for updating the website and social media of the Commission.
Investigation and Inquiry by The Commission9. Methods of Investigation And Inquiry. - 9.1 The Commission shall perform all functions to fulfil its duties as laid down in the Constitution and to discharge such other functions in relation to the protection, welfare, development and advancement of the Scheduled Tribes as the President may, subject to the provisions of any law made by Parliament, by rule specify. 9.2 The Commission may inquire or investigate any information/complaint:- 9.2.1. Suo motu or 9.2.2. On a Petition/ Complaint/ Information submitted to it by a victim or any person on his/her behalf or 9.2.3. On a direction or order of any court. 9.3 The following aspects are required to be kept in mind by the Petitioner/Complainant while filing complaint(s) before the Commission:- 9.3.1. The complaints should be directly addressed to the Chairperson/Vice Chairperson/ Member(s), National Commission for Scheduled Tribes. 9.3.2. The complainants should disclose their full identity and give full address with Mobile No or Email ID etc., and should sign the representation. 9.3.3. Complaint(s) should be legibly written or typed and, where necessary, supported by authenticated documents; 9.3.4. Complaints should clearly disclose the violation of applicable laws and rules such as Reservation Policy, DoPT OMs, Government of India Orders, State Government Orders, Orders and Rules etc. of PSUs and Autonomous Bodies and violation of any other Rules. 9.3.5. Subjudice matter(s) need not be referred to the Commission as complaint(s). 9.3.6. Cases pending in Courts or cases in which a court has already given its final verdict may not be taken up afresh with the Commission. 9.3.7. The cases of Administrative nature like transfer/posting/grading of ACRs will not be taken up by the Commission unless there is harassment of petitioner due to his/her Scheduled Tribe status. 9.3.8. No action will be taken on the matters where there is no mention of violation of Reservation Policy, DoPT OMs, Government of India Orders, State Government Orders, PSUs and Autonomous Bodies Orders, or any other violation of Rules of Reservation. Hence the matter where there is no mention of violation of above Rules need not be referred to the Commission as complaints. 9.4 The Commission may adopt any one or more of the following methods for investigating or inquiring into the matters falling within its authority: 9.4.1. By the Commission directly; 9.4.2. By an Investigating Team constituted at the Headquarters of the Commission; 9.4.3. Through its Regional Offices 9.4.4. By the State Agencies; and 9.4.5. By any other Institution/Department funded by Central Government/ State Government(s) / Union Territory(s) and its Statutory Bodies. 10. Investigation and Inquiry by the Commission Directly. - 10.1 The Commission may hold sittings for investigation into matters relating to deprivation of rights, safeguards, protection, welfare and development of the Scheduled Tribes for inquiry into specific complaint(s) for which the Commission decided to take up investigation or inquiry directly. Such sittings may be held either at the Headquarters of the Commission or at any other place within the country. 10.2 The sitting(s) of the Commission would be held after giving due notice to the parties intended to be heard and also due publicity/notice to the general public. Care will be taken to see that the members of the Scheduled Tribes who are affected in the matter under investigation or inquiry are given due information through notice or publicity. 10.3 When a decision for direct investigation is taken, an officer not below the rank of Research Officer/ Section Officer along with the necessary staff maybe be attached to the Chairperson/ Vice- Chairperson/ Member(s) entrusted with such investigation or enquiry and they shall take all steps to arrange such sittings. 10.4 The Commission may convene meeting of all the Chief Secretaries, DGPs, Principal Secretaries of the State and Secretaries of the Government of India, who may be considered accountable for the implementation of the programme of the safeguards as enumerated under Article 338A for monitoring the safeguards and development. 10.5 In accordance with clause 8 of Article 338A of the Constitution, while investigating in a matter referred to in sub-clause (a) or in inquiring into any complaint referred to in sub-clause (b) of clause (5) of Article 338A, the Commission shall have all the powers of civil court trying a suit and in particular in respect of the following matters, namely:-
(A) Summoning and enforcing the attendance of any person from any part of India and examining him on oath;
(B) Requiring the discovery and production of any document;
(C) Receiving evidence on affidavits;
(D) Requisitioning any public record or copy thereof from any court or office;
(E) Issuing commissions for the examination of witnesses and documents;
(F) Any other matter which the President may, by rule determine.10.6 The Commission for the purpose of taking evidence in the investigation or inquiry may require the presence of any person and when considered necessary may issue summons to him/her with the approval of the Chairperson. Chairperson in certain matters/ cases/ circumstances may allow authorised representative of the concerned person as named in the summons to appear on behalf of concerned person with an authority letter before the Commission. The summons for enforcing attendance of any person from any part of India and examining him/her during the course of investigation and inquiry by the Commission shall provide at least one week notice to the person directed to be present before the Commission from the date of receipt of the summons. In the serious cases, three days' notice will be given to the person directed to be present before the Commission from the date of receipt of the summons by him/her. 10.7 The Commission for the purpose of investigation or inquiry may issue "Notice for collecting basic facts" and the contents of the Notice maybe be changed on case by case basis with prior approval of Chairperson of the Commission. Where issues related to Life, Property, Service/ Employment, deprivation of rights or safeguards of Scheduled Tribes and other related matters needs prompt attention of the Commission, Notice Period may be curtailed from 10 Days with respect to "Notice for collecting basic facts" with prior approval of Chairperson, Vice-Chairperson or Member of the Commission. 10.8 Where the life, property, service/ employment, deprivation of rights or safeguards of the Scheduled Tribes and other related matters are under immediate threat and prompt attention of the Commission is required, the matter shall be taken cognizance by issue of email/fax to the concerned authority for making it known to them that the Commission is seized of the issue and that authority will be prohibited to take any action without taking prior approval from the Commission, till the completion of the enquiry / investigation in the matter by the Commission. Urgent reply by email or fax shall be called from the concerned authority. In case no reply is received within three working days, the authority concerned may be required to appear before the Commission at a three days' notice for enquiry. 10.9 The Commission may issue commission under clause 8(e) of Article 338A of the Constitution to take evidence in any matter under investigation or inquiry and for this purpose appoint any person by an order in writing. The Commission may make further rules for payment of fee and travelling and other allowances to persons appointed to take evidence on commission. 10.10 After holding the required sittings, the Member(s) who conducted the investigation shall make a report which shall be sent to the officer authorized by the Commission to receive the report. The report received in the Commission shall be submitted within 3 days to the Chairperson for inspections. After examination, action may be initiated on the report with the approval of the Chairperson. 11. Investigation or Inquiry by an Investigation Team Constituted at the Headquarters of the Commission. - 11.1 The Commission may decide about the matter that is to be investigated or enquired into by an Investigating Team of officials of the Commission, provided that in case the matter is urgent, the decision for such investigation or inquiry may be taken by the Chairperson. 11.2 The Investigating Team shall hold the investigation or inquiry, as the case may be, promptly and for this purpose, may initiate necessary correspondence including issuance of notices for production of documents in Form-I, appended to these rules. 11.3 The Investigating Team may visit the area concerned after observing due formalities for obtaining approval of tours and other administrative requirements and after giving information to the concerned local authorities regarding the matter, purpose, scope and procedure of the investigation or inquiry. The Investigating Team may enlist the help of the officers and staff of the concerned Regional office but the responsibility of preparing and presenting the report shall rest with the head of the Investigating Team. 11.4 The Investigating Team shall submit the report of the investigation or inquiry, as the case may be, to the Chairperson/ Vice-Chairperson/ Members(s) of the Commission/ the Secretary or a subordinate officer of the Commission as may be directed by general or specific orders by the Chairperson, within the stipulated time, if any. If the time limit stipulated is likely to be exceeded, the head of the Investigating Team shall obtain the orders of the Chairperson through the Officer-in-charge of the matter. The report shall be examined and put up to the Chairperson for a decision regarding the action to be taken on the report. 11.5 The decision of the report shall be sent to the Secretary /Joint Secretary /Officer-incharge to be placed before the Chairperson of the Commission who will take appropriate action in the matter. 12. Investigation And Inquiry Through The Regional Offices. - 12.1 The Chairperson, the Vice-chairperson, the Members having jurisdiction over the subject may decide about an investigation or inquiry that may be carried out through the Regional offices of the Commission. The decision will be conveyed to the Officer-in-Charge of the concerned Regional office who will be asked to get the matter investigated or inquired into within a stipulated time and send the report. The Regional office shall conduct the investigation or inquiry through interrogation, on the spot visit, discussions, correspondence and examination of documents as may be necessary in the case and shall follow any special or general instructions issued in the matter by the Chairperson, the Vice-chairperson, the Members through the officials of the Commission from time to time. 12.2 If the investigation or inquiry cannot be completed within the stipulated time, the officerin- charge of the Regional office may send a communication to the Secretariat of the Commission before the expiry of the stipulated time and explain the circumstances and reasons for non-completion of the investigation or inquiry, as the case maybe within the stipulated time. The Secretary to the Commission or the Member under delegated functions may consider the request and communicate a revised date after taking approval of the Chairperson for the completion of the investigation or inquiry. 12.3 If during the course of investigation or inquiry, the Head of the Regional office feels that it is necessary to invoke the powers of the Commission to require the production of any document or compelling the attendance of a person, he may make a special report with full facts to the Secretariat of the Commission. On receipt of such special report, the matter shall be placed before the Secretary/Member in-charge of the subject/ State/ UT who may make an order that necessary legal process to compel attendance or to require reduction of any document may be issued. The summons and warrants issued for the purpose may be served on the person concerned either directly or through the officer-in- charge of the Regional office as may be directed by the Chairperson authorizing issue of such legal process. 12.4 After completion of the investigation or inquiry, as the case may be, the head of the Regional office shall submit the report to the Secretary of the Commission suggesting the course of action that could be followed in the matter. The gist or findings of the report may be placed before the Chairperson with specific proposals by the Secretary who may decide about further action in the matter. 13. Investigation By The State Agencies. - 13.1 The Chairperson / Vice-Chairperson/Member(s) may decide about an investigation or inquiry that may be carried out through the State Agencies / Union Territory Administration / Statutory Bodies / any other Institution funded by the Central/State Government. The decision will be conveyed to the Chief Secretary of the concerned State Government/ Union Territory Administration /Head of the concerned PSU/Statutory Body / Autonomous Body/ Institution funded by the Central/State Government. 14. Inquiry Into Specific Complaints. - The Commission is required to inquire into specific complaints with respect to the deprivation of rights and safeguards of Scheduled Tribes. In order to enable the Commission to perform this function effectively and efficiently, the Commission would like the members of Scheduled Tribes to know that it will be helpful to inquire into their grievances if they substantiate their complaints with supporting documents and quote the relevant provisions of the Act or Rules or directions which have been violated. 15. Inquiry Into Cases of Atrocities. - 15.1 Whenever information is received in the Commission about any incident of atrocity belonging to Scheduled Tribes, the Commission would immediately get in touch with the law enforcing agencies and administrative machinery of the State and the district to ascertain the details of incident and the action taken by the district administration. If after detailed inquiry/investigation; the Commission finds substance in the allegation/complaint regarding atrocity, the Commission may recommend filing of an FIR against the accused with the concerned law-enforcing agency of the State/ District. In such cases, the State Government(s)/ Union Territory(s) / District Administration/ Police Personnel may be called within three days through the summons. 15.2 The Commission ensures the following while monitoring and issuing instructions to the concerned authorities: 15.2.1 Whether the scene of occurrence of the crime has been visited immediately by Collector and Superintendent of Police of the district on receipt of information. 15.2.2 Whether proper FIR is registered in local Police Station. 15.2.3 Whether names of all persons involved/cited by the complainant has been included in the FIR. 15.2.4 Whether investigation has been taken up by a Senior Police Officer as per the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 15.2.5 Whether culprits have been apprehended and booked without loss of time. 15.2.6 Whether proper charge sheet has been filed mentioning the relevant sections of IPC together with PCR Act, 1955 and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in court. 15.2.7 Whether the cases are tried by the Special Courts. 15.2.8 Whether Special Public Prosecutors are appointed to handle these cases. 15.2.9 Whether Police assists the courts in bringing forward witnesses and see that the culprits are suitably punished by the courts. 15.3 The Commission will also monitor that: 15.3.1 The victims are provided with suitable medical assistance on time; 15.3.2 Adequate protection is arranged for the victims of such incidents by providing police protection by stationing a police party, by patrolling etc; 15.3.3 To see that proper compensation is paid to the victims as per provisions of law. 15.4 The Commission will, wherever possible depending upon the gravity and circumstances of the case, visit the place of incident to oversee the arrangements and to console and infuse confidence among the victims. 15.5 The Commission may lay down detailed procedure for conducting such inquiries and monitoring at all levels. Such inquiries can be conducted by the Member(s) of the Commission or Teams of Investigators from Headquarters or Regional office of the Commission or any other officer(s) / agency duly appointed/ authorized by the Chairperson. 15.6 When any offence described as atrocity in the relevant acts for the time being in force, is committed in the view of the Commission or has been found to have been taken cognizance by the Commission, in pursuance of the enquiry/investigation conducted by it in the discharge of its functions, the Commission may, after recording the facts constituting the offence, forward the case to a Magistrate having the jurisdiction to try the same 16. Confidentiality of Certain Reports. - The Commission may, through a decision at a meeting or otherwise, direct that the contents of any report made on any matter shall be kept confidential and shall not be revealed to any person other than those who have been authorized access to such report. 17. Legal Processes. - All summons and warrants that are required to be issued in pursuance of the exercise of the powers of a civil court by the Commission shall be written in the prescribed form and shall bear the seal of the Commission. The legal process shall be issued from the Legal Cell of the Commission and shall bear its seal. The provisions of the Code of Civil Procedure applicable for the service of the legal processes shall be followed by the Commission. 18. Issue of Letters And Notices. - Letters and Notices as provided in Form I requiring production of documents which are issued without exercising the powers of the civil court by the Commission may be signed by an officer not below the rank of Research Officer/Section Officer. 19. Form of Summons And Warrants. - The Summons shall be as in Form II and III respectively and Warrants shall be as in Form IV, appended to these Rules.
Meetings of The Commission20. Frequency of Meetings. - The Commission shall meet at least once in two months. The notice for a meeting shall normally be issued one week in advance. Emergent meetings may also be called by the Chairperson either on his own or on the request of a Member or the Secretary for disposing of important matters requiring urgent consideration by the Commission. 21. Quorum. - 21.1 Presence of minimum 50% of posted members including the Chairperson and/or Vice Chairperson shall constitute the quorum for holding meeting of the Commission. 21.2 If the quorum is not complete, the Chairperson may adjourn the meeting for half an hour. When the Commission reassembles, the quorum requirement shall not apply. 22. Matters Requiring Decisions by The Commission at its Meetings. - The following matters shall be brought up before the Commission at a meeting for consideration and decision: 22.1 Any amendment to these Rules of Procedure; 22.2 Matters to be investigated by the Commission directly; 22.3 All the reports that are required to be considered by the Commission as provided in these rules; 22.4 Any matters that a Member may like to bring to the meeting, with the approval of the Chairperson; 22.5 Important matters relating to planning and development for the welfare and advancement of the Scheduled Tribes and specially references received under Article 338A (9) of the Constitution; and 22.6 Any matter that the Chairperson may direct to be placed at a meeting of the Commission. 23. Agenda For The Meeting. - 23.1 The agenda will normally be circulated to all the Members at least Five days before the date of the meeting, provided that for an Emergent Meeting, this time limit may not apply. 23.2 The minutes of a meeting shall be circulated by the Secretary to all the Members within three working days from the date of the meeting. 24. Place of Meeting of The Commission. - Normally the place of meeting of the Commission shall be the Headquarters of the Commission at New Delhi. The Commission may, however, decide to hold a meeting at any other place in India. 25. Fee. - 25.1 The Chairperson, the Vice-Chairperson and the Members shall not be entitled to any fee for sitting / meeting of the Commission. 25.2 Commission may determine the entitlement of the special invitees, subject experts and participants if any, for attending the meeting/sitting of the Commission and for participating in the workshops/conferences organized by the Commission. 26. Audio & Video Recording of The Meetings And Sittings. - 26.1 'Meetings' and 'Sittings' to be held by Commission physically or virtually may be recorded by Audio and/ or Video format only with the prior approval of the Chairperson. 26.2 The Chairperson may pass any general or specific order or direction for disposing off the Recording(s) and shall also determine the period for which the Recording(s) shall be preserved. 26.3 The Chairperson may pass any general or specific order directing that the contents of any Recording(s) shall be kept confidential and shall not be revealed to any person other than those authorised access to such Recording. 26.4 The Commission may, at the request of a person to be examined, or on its own motion, taking into account the best interests of the person to be examined direct appropriate measures to protect the privacy of the person examined bearing in mind aspects such as age, gender, physical condition and recognised customs and practices. 26.5 There shall be no unauthorised Recording of the proceedings of the commission by any person or entity.
Sittings of The Commission27. Need For Sittings. - Whenever a matter is to be investigated into directly by the Commission it may do so by holding sittings of the Commission. In the case of such sittings, the presence of all the Members may not be necessary. 28. Officers To Be Present. - Whenever a Member(s) is holding a sitting, an officer of the Commission, not below the rank of Research Officer/Section Officer, duly deputed for the purpose or Secretariat of the Member(s) shall be present to assist the Member(s) holding the sitting to discharge the functions properly and promptly. It shall be the duty of the officer to assist the Member(s) in preparing the report if called upon to do so by the Member(s). The officer shall also be responsible for assisting the Member(s) in following the prescribed procedure. 29. Frequency of Sitting(S). - Sittings of the Commission may be held as and when necessary. The Commission may hold more than one sitting simultaneously in different parts of the country with different Members functioning separately. 30. Programme of The Sittings. - The Programme of the sittings, both at the Headquarters and at other places, would normally be worked out each month in advance and duly circulated. 31. Defraying Expenses To Witnesses. - 31.1 The Commission may defray traveling expenses to persons who have been called through summons to appear before the Commission in a sitting, provided that the place of residence of one person is more than 8 kms. from the place of the sitting of the Commission. The amount so defrayed shall be limited to the actual traveling expenses plus Daily Allowance for the number of days that the person has appeared before the Commission in its sitting, provided that the person is not entitled to travel and daily allowance from any other source. Persons who are employees of the Government/Public Sector Undertaking shall be deemed to be on duty if they are summoned to depose before the Commission or produce documents. The limit of traveling expenses shall be determined on the basis of the rail fare and road mileage calculated on the basis of the rates that may be prescribed by the Commission. In the case of any doubt regarding the entitlement of the person, the decision of the Secretary of the Commission shall be final. 31.2 The officer attached to the Member for the purposes of the sitting shall take steps to ensure that sufficient cash amount is carried if the sitting is held at a place other than the Headquarters of the Commission. The Secretariat of the Commission may devise a suitable procedure to ensure that such claims as above are paid on the spot and in cash to the person(s) so appearing. 31.3 The claim for traveling expenses as above shall not be admissible in the case of a person who appears before the Commission during any investigation or enquiry on his own accord or in response to a communication or notice which is not a summon issued by the Commission.
Duties of The Regional Offices of The Commission32. It Shall Be The Duty of The Regional Offices of The Commission. - 32.1 To act as the "eyes and ears" of the Commission in the Region(s) under their jurisdiction and shall not act without prior approval from the Headquarters. 32.2 To maintain effective interaction and liaison with State Government(s)/ Union Territory(s) Administration on behalf of the Commission. 32.3 To serve on State Level Advisory Councils/Committees/Corporations, etc. on behalf of the Commission 32.4 To provide information and documentation about the policies and programmes of the Union Government for the welfare and advancement of Scheduled Tribes to the States, NGOs, Media in their respective jurisdiction and obtain similar information and documentation from such organizations and provide to the Headquarters of the Commission information / documentation about important developments, social movements, policy changes etc. in the State(s), Union Territory(s) affecting the interest of Scheduled Tribes. 32.5 To monitor and assist the working of voluntary and other non-governmental organizations receiving grant-in-aid from the Ministry of Tribal Affairs as also other Ministries/Departments of the Central Government and the concerned State government(s)/ Union Territory(s), foreign Aid Agencies etc., for Research Studies and any other development work relating to Scheduled Tribes. 32.6 To conduct Research Studies, Seminars, Conferences, Surveys etc. as entrusted to them by Headquarters from time to time. 32.7 To conduct on-the-spot inquiries into cases of atrocities on Scheduled Tribes as entrusted to them by Headquarters or with prior approval of the Headquarters and interact with the concerned Administrative / Police authorities having jurisdiction and report to the Headquarters. 32.8 To receive complaints/representation from individuals, Scheduled Tribes Welfare Association etc., on various matters and forward the same for appropriate action alongwith a self-contained note to the Headquarters without undue delay through proper channel. 32.9 To participate and advise in the planning process for socio-economic development of Scheduled Tribes as envisaged under clause 5 of Article 338A of the Constitution of India. 32.10 To collect, compile, analyse and monitor issues pertaining to development of Scheduled Tribes in the states especially with reference to Scheduled Tribe Component STC (erstwhile known as Tribal Sub Plan (TSP)) and Special Central Assistance (SCA) and prepare drafts of Reports pertaining to the States(s)/UT(s) under their jurisdiction. 32.11 To prepare and maintain a comprehensive and up-to-date database of Scheduled Tribes population, education, development etc. in the State(s)/UT(s); and 32.12 To perform any other duty specifically assigned/entrusted to the Regional Office(s) by the Commission or the Secretary or any other officer empowered in this regard.
Advisory Role of The Commission33. Interaction of The Commission With The State Government(S) and/ or Union Territory(S). - 33.1 The Commission shall interact with the State Government(s) / Union Territory(s) through its Members, Secretariat and the Regional Offices. 33.2 The Members in-charge of the State (s)/ Union Territory(s) would interact with the State Government(s) / Union Territory(s) Administration through meetings, personal contacts, visits and correspondence. The information in this regard may be sent to the concerned department/ Organizations well in advance and the Regional offices should also be informed about the same. For this purpose, detailed guidelines may be formulated by the Commission. The Secretariat of the Commission through its concerned Unit(s) would provide necessary assistance and information to the Member for enabling him to discharge his functions effectively. The State Government(s) / Union Territory(s) should provide facilities for transport, security, accommodation etc. to the Member as per his entitlement. 34. Interaction With The Niti Aayog. - 34.1 The Commission shall interact with the NITI Aayog at appropriate levels through representation in the various Committees, Working Groups or other such bodies set up by the NITI Aayog. The Commission shall indicate this requirement through general or specific communication to the NITI Aayog. 34.2 The Commission may request the NITI Aayog to forward copies of all the documents concerning the process of planning and development and evaluation of all programmes and schemes touching upon the Scheduled Tribes. 34.3 The Commission may decide about the manner of interaction between the Chairperson/ Vice- Chairperson/Members of the Commission and the Deputy Chairman/Members of the NITI Aayog. 35. Interaction of The Regional Offices With The State Government(S) And / Or Union Territory(S). - 35.1 The Regional offices of the Commission shall work in a manner so as to provide a regular and effective link between the State Government(s) or the Union Territory(s) concerned and the Commission. For this purpose, the Commission may send communications to the State Government(s)/ Union Territory(s) suggesting that the officers-in-charge of the Regional offices of the Commission may be taken on important Planning, Evaluation and Advisory bodies including Corporations concerned with the welfare, protection and development of the Scheduled Tribes. 35.2 The officers-in-charge of the Regional offices may be directed or authorized by the Commission to convey to any State authority the formal views, opinion or approach of the Commission on any specific or general matter or issue arising at any meeting or deliberation. 36. Research / Studies / Surveys / Evaluation / Workshops/ Conferences. - 36.1 The Commission may undertake studies to evaluate the impact of the development schemes on the socio-economic development of the Scheduled Tribes taken up by the Union or Sate Government(s) or Union Territory(s). For this purpose, the Commission may constitute Study Teams either at the Headquarters or at the Regional Offices. The Study Teams may undertake research, studies, surveys or evaluation either in collaboration with Central or State Government authorities or Universities or Research Bodies, as the case may be, or may do so independently. 36.2 The Commission may entrust surveys or evaluation studies to any professional body or person considered suitable and competent to undertake such work and, for this purpose, may make any reasonable payment to such body or person towards the cost of the study by way of fee or grant. 36.3 The studies so undertaken or their gist may form part of the Annual or Special Report(s) of the Commission to be presented to the President or may be published separately by the Commission. 36.4 The Commission may forward a copy of such a study report to the Union or the State Government(s) or Union Territory(s) concerned, as the case may be, asking for their comments, if any. The comments or action taken reports by the Union/ State Government(s)/ Union Territory(s) may also form part of the Annual Report of the Commission. 36.5 The Chairperson may on his own or on the request of the Vice Chairperson / Member, invite any person for workshops, conference, meeting and discussion in the sitting/meeting of the Commission on any agenda point.
Monitoring Functions of The Commission37. The Commission To Determine Subjects For Monitoring. - The Commission may determine from time to time the subjects or matters and areas that it would monitor relating to safeguards and other socio-economic development measures 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 Govt. 38. Prescribing Returns And Reports. - 38.1 The Commission may prescribe periodical returns or reports to be furnished by any authority responsible for or having control of the subject matter of which monitoring is being done by the Commission. 38.2 The Commission may from time to time issue instructions to its Regional offices to collect information and data on any particular subject or matter from the State Government(s)/ Union Territory(s), Local bodies, Corporate Bodies or any other authorities which is charged with the implementation of the safeguards provided for the Scheduled Tribes. 38.3 The Commission may direct its Regional offices to process the information of data in the Regional offices with a view to arrive at conclusions with regard to the deficiencies/ shortcomings discovered through such processing or analysis of the data and to bring these to the notice of the concerned authority for comments and rectification, wherever necessary. 38.4 The Commission may have data relating to the subjects monitored, collected at the headquarters and may prescribe returns and reports for the purpose to be sent directly to its headquarters by Ministries/ Department(s) of the Central government or State Government(s) or Union Territory(s) or Public Sector Undertaking(s) or any other body or authority which is charged with the responsibility of implementing safeguards relating to the Scheduled Tribes. 39. Follow-Up Action. - 39.1 In order to ensure that monitoring is done effectively, the Commission, after getting the information as prescribed in the above rules and after reaching conclusions, may as early as possible send out communications to the concerned authority describing the shortcomings that have been noticed in the implementation of the safeguards and suggesting corrective steps. Decisions on sending out such a communication may be taken at a level not lower than that of Joint Secretary/Secretary at Headquarters. Directors-in-Charge of Regional offices may take decisions on routine matter whereas they will seek approval of the Secretary and the concerned Member on complex and important matters affecting the interest of Scheduled Tribes as a group. 39.2 The Commission may ask for the comments of the concerned authority on the action taken in pursuance of the communications sent under these Rules. 39.3 The Commission may include in its Annual Report or any Special Report, findings and conclusions arrived at through the process of monitoring of the subjects relating to the safeguards and socio-economic development measures 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 Union/ State Government(s)/ Union Territory(s).
Miscellaneous40. Non - Formal Actions By The Commission. - 40.1 The Commission may initiate correspondence in special cases in matters which are not strictly covered under the law if the matter is such that the welfare of an individual person belonging to Scheduled Tribes or that of a group of such persons is involved and it is necessary for the Commission in its inherent capacity as the protector of the interests of these classes of persons, to take action. The decision for correspondence on such matter shall be taken at the level of Director or above. 40.2 All routine formal communications from the Commission shall be issued under the signatures of an Officer not below the rank of Research Officer/ Section Officer. 40.3 The Commission can sue or be sued through its Secretary. 40.4 The Scheduled Tribes in these rules will have the same connotation as is given in Article 342 of the Constitution. 41. Applicability of Rules, Etc., of The Central Government. - 41.1 Rules and Regulations issued by the Government of India and applicable in the Ministries / Departments will apply in the Commission until corresponding Rules and Regulations are framed by the Commission. 41.2 The provisions relating to the delegation of financial powers in the Government of India shall apply to the corresponding officers in the Commission with the approval of Chairperson. 42. Hiring of Local Transport. - 42.1 The Staff Car Rules of the Government of India shall apply for the purposes of utilisation of staff cars in the Commission. 42.2 Officers and Staff of the Commission with prior approval of the Head of Department will be entitled for local transport through App based Taxi services with due regard for economy. In areas where App based Taxi services are not available, any other means of transport with due regard to economy may be availed. 43. Decision On Matters Not Specified In These Rules. - 43.1 If a question arises regarding any such matter for which no provision exists in these rules, the decision of the Chairperson shall be sought. The Chairperson may, if he deems fit, direct that the matter to be considered at a meeting of the Commission. 43.2 All proposals relating to procurement of goods as well as those with financial implications involving the Commission above Rs. 8,00,000/- (Eight lakh) shall be approved by the Chairperson, NCST. "Ministry of Tribal Affairs' letter No. 48011/6/2014 - Estt. Dated 11.10.2018 relating to the clarification regarding financial powers of NCST which states that the Chairperson of the NCST has been conferred the powers of the Ministry / Department of the Central Government relating to the Delegation of Financial Powers Rules, 1978; the General Financial Rules, 1963; the Fundamental and Supplementary Rules; the Central Civil Service (Leave) Rules, 1972; the Central Civil Service (Joining Time) Rules, 1979 and the General Provident Fund (Central Service) Rules, 1960; Contributory Provident Fund Rules and similar other Rules;"
National Commission For Scheduled Tribes (A Constitutional body exercising powers of Civil Courts under Article 338A of the Constitution of India)
6th Floor, Loknayak Bhawan
(Notice For Collecting Basic Facts)To Whereas a Petition/ complaint/ information has been received by the National Commission for Scheduled Tribes from _______________________________________or press news under caption_____________________________________________________ appearing in __________________________dated____________________________ as enclosed and the Commission has decided to investigate/inquire into the matter in pursuance of the powers conferred upon it under Article 338A of the Constitution of India. You are hereby requested to submit the facts and information pertaining to the said allegations/matters and/or information on the action taken on the said allegations/matters to the undersigned within 3/7/15/30 days of receipt of this notice either by post or in person or by any other means of communication. Please take notice that in case the Commission does not receive reply from you within the stipulated time, the Commission may exercise the powers of Civil Courts conferred on it under Article 338A of the Constitution of India and issue summons for your appearance in person or by a representative before the Commission.
Research Officer/Section Officer
Before The National Commission For Scheduled Tribes
(A Constitutional body exercising powers of Civil Courts under Article 338A of the Constitution of India)
6th Floor, Loknayak Bhawan
Given under my hand and seal of the National Commission for Scheduled Tribes exercising powers of Civil Court this__________ day of_____20___.
Before The National Commission For Scheduled Tribes
(A Constitutional body exercising powers of Civil Courts under Article 338A of the Constitution of India)
6th Floor, Loknayak Bhawan
New Delhi-110003To, Whereas the National Commission for Scheduled Tribes has decided to investigate into the following matter in pursuance of powers conferred upon it under Article 338A of the Constitution of India, your attendance is hereby required in person or through authorised representative to appear before the National Commission for Scheduled Tribes on the ______________day of__________20____ at________________ hours at________________________. You or your authorised representative is required to bring with you the connected documents for examination by the National Commission for Scheduled Tribes. Case reference. If you fail to comply with this order without lawful excuse, you shall be subjected to the consequences of non-attendance laid down in Rule 12 of Order XVI of Code of Civil Procedure, 1908. Given under my hand and seal of the National Commission for Scheduled Tribes exercising powers of Civil Court this__________ day of_____20___.
National Commission For Scheduled Tribes
(A Constitutional body exercising powers of Civil Court under Article 338A of the Constitution of India)
(Warrant of Arrest of Witness)
6th Floor, Loknayak Bhawan
New Delhi-110003To, Whereas Mr/Mrs/Ms_______________________, R/o_____________________ was duly served with a summons but has failed to attend (absconds and keeps out of the way for the purpose of avoiding service of a summons), the National Commission for Scheduled Tribes exercising powers of a Civil Court under Article 338A(8) of the Constitution of India hereby order you to arrest and bring the said ______________________before the National Commission for Scheduled Tribes at New Delhi. You are further ordered to return this warrant on or before the ______day of_____20___with an endorsement certifying the day and the manner in which it has been executed, or the reason why it has not been executed. Given under my hands and the seal of the National Commission for Scheduled Tribes exercising powers of Civil Court, this _____day of____20___.