 bill no 313 of  2016 the special courts for scheduled castes and scheduled tribes bill, 2016 by shri om prakash yadav, mp a billto provide for constitution of special courts for the scheduled castes and the scheduled tribes in the country and for matters connected therewithbe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the special courts for the scheduled castes and the scheduled tribes act, 2016short title, extent and commencement5(2) it extends to the whole of india(3) it shall come into force on such date as the central government may, by notification in the official gazette, appointdefinitions2 in this act, unless the context otherwise requires:—(a) 'appropriate government' means in the case of a state, the government of that state and in all other cases, the central government;5(b) 'offence' means any offence committed against a member of the scheduled castes and the scheduled tribes;(c) 'prescribed' means prescribed by rules made under this act;(d)  'scheduled castes' means the castes included in the constitution (scheduled castes) order 1950;(e) 'special court' means special court constituted under section 3; and10(f) 'scheduled tribes' means the tribes included in the constitution (scheduled tribes) order 1950153 (1)   the appropriate government shall, by notification in the official gazettes, set up adequate number of special courts  at district level to deal exclusively with matters arising out of crimes or offences committed against the scheduled castes and the scheduled tribes in the countryestablishment of special courts for scheduled castes & scheduled tribes(2) every special court established under sub-section (1) shall be headed by a chief judge who shall be qualified to be appointed as district judge and shall have such number of other judges as the appropriate government may prescribe keeping in view the scheduled castes and the scheduled tribes population in the district204 the qualification and salary, allowances and other terms and conditions of service of the chief judge and other judges shall be such as may be prescribedqualification for appointment as chief judge and other judges of special court255 (1) in the event of occurrence of any vacancy in the office of the chief judge by reason of his death, resignation or otherwise, the senior most judge of that court shall discharge his functions until a new chief judge, appointed in accordance with the provisions of this act to fill such vacancy, enters upon his officesenior most judge to act as a chief judge or to discharge his functions in certain circumstances(2) when the chief judge is unable to discharge his functions owing to his absence from duty due to any reason, the senior most judge of that special court shall discharge functions of the chief judge until the chief judge resumes his duties306 every chief judge shall exercise such financial and administrative powers as may be vested in him in such manner as may be prescribedfinancial and other powers of the chief judge staff of the special court7 the appropriate government shall appoint sufficient number of officers and staff toassist the special court in the discharge of its functions on such terms and conditions of service as may be prescribed35jurisdiction power and authority of special courts45 of 18608 save as otherwise expressly provided in this act, every special court shall exerciseall the jurisdiction, powers and authority exercisable immediately before that day by all courts except the concerned high court and the supreme court in relation to all matters, offences or atrocities committed, against the scheduled castes and the scheduled tribes under the indian penal code, 1860 or any other law for the time being in force in relation to scheduled castes and scheduled tribes40transfer of pending cases9 every case or other proceedings relating to the scheduled castes and the scheduledtribes pending before any other court or any authority shall stand transferred to such special court on the commencement of this act:provided that nothing contained in this section shall apply to a case or other proceedings pending in a high court or the supreme court 10 the appropriate government shall provide free legal aid to the scheduled castes and the scheduled tribes for meeting the cost of litigation in special court511 every case in a special court shall be disposed of as early as possible and in anycase not later than one year from the date of filing the case in the courtfree legal aid to scheduled castes and scheduled tribes disposal of cases by special courts power to make rules12 (1) the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act1015(2) every rule under this act by the central government shall be laid, as soon as maybe after it is made, before each house of parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agrees in making any modification in the rule or parliament agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modifications or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsthe scheduled castes and the scheduled tribes still continue to be the oppressed classes of our society they have suffered for centuries although with the institution of the democratic form of government in the country, many steps have been taken to improve their status in the society yet this change is limited only in the urban areas in the rural areas, the position at some places, is still the same as it used to be many years ago they have never received justice from the persons who were at the helm of affairs of their fate in a welfare state like ours it is a bounden duty of the state to ensure that the members of the scheduled castes and the scheduled tribes receive speedy justice at their door steps these classes are unable to fight long litigations in the normal courts in view of their financial position they also need free legal aid for meeting the cost of litigation in view of their disadvantageous position in the society, especially at district level in the rural areas, there is an urgent need that a separate and parallel system of justice for the scheduled castes and the scheduled tribes should be establishedit is, therefore, proposed that special courts at district level may be established for the scheduled castes and the scheduled tribes in the countryhence this billnew delhi;om prakash yadavnovember 3, 2016 financial memorandumclause 3 of the bill provides that government and union territory administration shall set up sufficient number of special courts to deal exclusively with matters arising out of atrocities committed against scheduled castes and scheduled tribes clause 4 provides for payment of salaries and allowances to the chief judge and other judges clause 7 provides for appointment of officers and staff required for special courts clause 10 provides for free legal aid to scheduled castes and scheduled tribes the expenditure in respect of special courts for union territories shall be met out of the consolidated fund of india it is likely that an amount of rupees one thousand crore will be involved for setting up special courts in union territories per annuma non-recurring expenditure of about rupees two hundred crore is also likely to be involved memorandum regarding delegated legislationclause 12 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for constitution of special courts for scheduled castes and the scheduled tribes in the country and for matters connected therewith————(shri om prakash yadav, mp)gmgipmrnd—4953ls(s3)—10-03-2017