 bill no xx of  2016 the special courts for scheduled castes and scheduled tribes bill 2016 a billto provide for constitution of special courts for scheduled castes and 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 scheduled castes and scheduled tribes act, 2016short title extent and commencement5(2) it extends to the whole of indiadefinitions2 in this act, unless the context otherwise requires:—(a) 'appropriate government' means in the case of a state, the state government and in all other cases the central government(b) 'offence' means any offence committed against a member of scheduled castes and scheduled tribes5(c) 'prescribed' means prescribed by rules made under the 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 of this act10(f) 'scheduled tribes' means the tribes included in the constitution (scheduled tribes) order 1950 3 (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 scheduled castes and schedule tribes in the country15establishment 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 caste and 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 judgestaff of the special court7 the appropriate government shall appoint sufficient number of officers and staff to assist 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 courts8 save as otherwise expressly provided in this act, every special court shall exercise all 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 committee, against scheduled castes and 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 scheduled castes and scheduled tribes 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 make necessary arrangements for free legal aid to scheduled castes and scheduled tribes for meeting the cost of litigation in special court 5free legal aid to scheduled castes and scheduled tribes11 every case in a special court shall be disposed of as early as possible and in any case not later than one year from the date of filing the case in the courtdisposal of cases by special courts power to make rules12 the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act statement of objects and reasonsscheduled castes and 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 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 scheduled castes and scheduled tribes should be established it is, therefore, proposed that special courts at district level may be established for the scheduled castes and scheduled tribes in the countryhence this billvijay jawaharlal darda 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 annum a 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 since 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 scheduled tribes in the country and for matters connected therewith————(shri vijay jawaharlal darda, mp)gmgipmrnd—678rs(s3)—03052016