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T H E PU N JA B

S T A T E C O M M IS S IO N

FO R SC H ED U LED

C A STES

A C T ,2 0 0 4
(P u n ja b

Section

A ct N o. 5 of 2004)

ContentsNMLKJIHGFEDCBA

P a g e hgfedcbaZYXWVUTSRQP

1.

Short title and com m encem ent.

2.

D efinitions.

3.

Constitution of the Com m ission.

4.

Term of O ffice and conditions of service of

Chairperson and M em bers.

5.

O fficers and other em ployees of the Com m ission.

6.

Salary and A llow ances to be paid out of grants.

7.

V acancies etc. not to invalidate proceedings of the

Com m ission.

8.

Com m ittees of the Com m ission.

9.

Procedure to be regulated by the Com m ission.

10.

Pow ers and functions of the Com m ission.

11.

G overnm ent to consult the Com m ission.

12.

Pow er of the Com m ission to utilize the services of

certain officers and investigation agencies for
conducting investigation.

13.

Statem ents m ade by person to the Com m ission.

14.

Protection of acts done in good faith.

15.

Registration of voluntary organizations and seeking

their assistance.

G rants by the State G overnm ent.

17.

A ccounts and A udit.

18.

A nnual Report.

19.

A nnual Report and A udit report to be laid before the

State Legislature.

20.

Chairperson, M em bers and staff of the Com m ission

to be public servants.

21.

Penalty.

22.

Cognizance of the offences.

23.

Pow er to m ake rules.

10

24.

Pow ers to rem ove difficulties.

10

25.

Repeal and saving.

10

16.

r"

LatestLaws.com
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ITH E PU N JA B STA TE CO M M ISSIO N FO R SCH ED U LED CA STES
A CT, 2004
(pU N JA B A CT N O . 5 O F 2004)

[Received the assent of the G overnor of Punjab on the 27th day of

,farch, 2004, and w as first published for general inform ation in NMLKJIHGFEDCBA
P u n ja b
lo v e r n m e n t G a z e tte ( E x tr a o r d in a r y ) , Legislative Supplem ent, dated the 1st A pril,

004.J
A n A c t to p r o v id e fo r th e c o n s titu tio n

'a s t e s in th e S ta te o f P u n ja b

u e r e s ts

o f th e m e m b e r s

zcom m end

w ith a v ie w to p r o te c tin g

o f th e S c h e d u le d

r e m e d ia l m e a s u r e s fo r

r a tte r s c o n n e c te d th e r e w ith

o f th e C o m m is s io n fo r S c h e d u le d
a n d s a fe g u a r d in g

C a s te s in th e S ta te

th e ir w e lfa r e a n d d e v e lo p m e n t

o r in c id e n ta l

th e

o f P u n ja b ,

to

a n d fo r th e

th e r e to .

BE it enacted by the Legislature of the State of Punjab in the Fifty-fifth

~ar of the Republic of India as follow s :-

1. (1) This

A ct m ay be called the Punjab State Com m ission

for

cheduled Castes A ct, 2004.

Short title and

com m encem ent.

(2) It shall com e into force at once.

D efinitions.

2. In this A ct, unless the context otherw ise requires,( a ) "Chairperson"

m eans the Chairperson of the Com m ission;

( b ) "Com m ission" m eans the Punjab State Com m ission for Scheduled

Castes constituted under section 3 ;

(e )

"G overnm ent" m eans the G overnm ent of the State of Punjab in the
D epartm ent
Classes;

(d )

of W elfare

of Scheduled

Castes

and Backw ard

"M em ber" m eans a m em ber of the Com m ission and includes the
Chairperson and the M em ber-Secretary;

(e) "prescribed" m eans prescribed by rules m ade under this A ct;

( f)

"Scheduled Castes" m eans such castes, races or tribes or parts of

or groups

w ithin

under article

such castes,

races or tribes

341 of the Constitution

as are deem ed

of India to be Scheduled

Castes; and
I.

For Statem ent

(Extraordinary)

of O bjects

and

Reasons,

see

Punjab

dated the 16th M arch, 2004, page 399.

G overnm ent

G azette

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2
(g) "section" m eans section of this A ct.
C onstitution
the

of

C om m ission.

3. (1) The G overnm ent shall, by notification in the O fficial G azette,

constitute a body to be know n as "the Punjab State Com m ission for Scheduled
Castes" to exercise the pow ers conferred on and to perform the functions assigned
to it under this A ct.

(2) The Com m ission shall consist of- NMLKJIHGFEDCBA

( a ) l a Chairperson, w ho shall be an em inent person belonging to

Scheduled Castes or a retired officer of the G overnm ent of the

State of Punjab belonging to the Scheduled Castes not below
the rank of Principal
G overnm ent;
(b )

Secretary,

to be appointed

by the

not m ore than three non-official m em bers from am ongst the

m em bers of the Scheduled Castes, w ho m ay be appointed by
the G overnm ent from am ongst the persons of ability, integrity
and standing, w ho have served for the w elfare and uplift of the
Scheduled Castes :
Provided that out of the three m em bers, one shall be a
w om an ;

(e)

the D irector G eneral of Police, Punjab, shall be the ex-officio

m em ber;

(d )

the D irector, Local G overnm ent, Punjab, shall be the ex-officio

m em ber;

_the D irector, W elfare of Scheduled Castes and Backw ard Classes,

Punjab, shall be the ex-officio m em ber; and
.
one M em ber-Secretary, to be appointed by the G overnm ent
from am ongst the officers of Indian A dm inistrative Service or

If
T erm of office
and conditions
of service of
C hairperson
and m em bers.

the Punjab Civil Service, not below the rank of an A dditional

Secretary.

4. (1) The Chairperson and non-official m em bers shall hold office for
a period of three years:
Provided that w here the Chairperson attains the age of sixty-five years
before the expiry of the aforesaid term of three years, he shall vacate his office
on the day, on w hich he attains the such age.
(2) The Chairperson

and non-official m em bers m ay, at any tim e, by

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3
w riting and addressed to the G overnm ent, resign from the office of the Chairperson
or of the office of the m em ber, as the case m ay be.
(3) N otw ithstanding
anything contained in sub-section (1), the
G overnm ent m ay, rem ove a person from the office of the Chairperson or m em ber
if, that person- NMLKJIHGFEDCBA
(a )

becom es an undischarged insolvent;

(b )

is convicted and sentenced to im prisonm ent for an offence w hich,

in the opinion of the G overm nent, involves m oral turpitude;

(e)

becom es of unsound m ind and stands so declared by a com petent

court ;

(d )

refuses to act or becom es incapable of acting;

(e )

is, w ithout obtaining leave of absence from the Com m ission,

absent from three consecutive m eetings of the Com m ission ;
and

(j)

in the opinion of the G overnm ent, has so abused the position of

the Chairperson
or m em ber as to render that person's
continuance in office detrim ental to the public interest or is
otherw ise unfit or unsuitable to continue as such Chairperson
or m em ber:
Provided that, no person shall be rem oved under this
clause until that person has been given a reasonable opportunity
of being heard in the m atter.

(4) A vacancy caused under sub-section (2) or sub-section (3) or in

any other m anner, shall be filled in, as soon as m ay be, by a fresh appointm ent by
the G overnm ent; and the person so appointed, shall hold office for the rem ainder
of the term of office of the person in w hose vacancy such person has been
appointed, w ould have held office, if the vacancy had not occurred :
Provided that, if the vacancy of a m em ber other than that of the
Chairperson occurs w ithin six m onths preceding the date on w hich the term of
office of the m em ber expires, then such a vacancy shall not be filled in.
(5) The salary and allow ances payable to, and the other term s and
conditions of holding the office of the Chairperson and the m em bers shall be
such, as m ay be prescribed.

5. (1) The G overnm ent shall provide the Com m ission w ith such officers
and em ployees, as in the opinion of the G overnm ent, m ay be necessary for the
efficient perform ance of the functions of the Com m ission under this A ct.

O fficers
other

and
em ployees

of the
C om m ission.

LatestLaws.com

4
(2) The salaries and allow ances payable to, and the other term s and
conditions of service of the officers and other em ployees appointed for the purpose
of the Com m ission; shall be such, as m ay be prescribed.
Salary

and

A llow ances
paid

to be

out of

grants.

V acancies
not

7. N o act or proceeding of the Com m ission shall be questioned or shall

etc.

to invalidate

proceedings
the

6. The salary and allow ances payable to the Chairperson and m em bers
and the adm inistrative expenses, including salaries, allow ances and pensions
payable to the officers and other em ployees referred to in section 5, shall be paid
out of the grants referred to in section 16.

be invalid on the ground m erely of the existence of any vacancy in, or defect in
the constitution of the Com m ission or any defect in the appointm ent of a person
acting as the Chairperson or a m em ber or any irregularity in the procedure of the
Com m ission, including issuing of notice for holding of a m eeting, not affecting

of

C om m is-

sion.

m erits of the m atter.

C om m ittees
the

8. (1) The Com m ission m ay constitute such com m ittee or com m ittees,

of

C om m ission.

as m ay be considered necessary for the efficient perform ance, exercise and

discharge of its functions, pow ers and duties and also for dealing w ith such
issues, as m ay be taken up by the Com m ission, from tim e to tim e.
(2) The Com m ission shall have the pow er to appoint one or m ore persons,
as it m ay consider appropriate, on the com m ittee, or com m ittees, as the case
m ay be, constituted under sub-section (1), and such person or persons, w ho are
not m em bers of the Com m ission, shall have the right to attend the m eetings of
the com m ittee and take part in its proceedings, but shall not have the right to
vote.
(3) The person so appointed, shall be entitled to receive such allow ances
for attending the m eetings of the Com m ittee, as m ay be prescribed.
(4) The Com m ission m ay invite any representative

of the N ational

Com m ission for Scheduled Castes and Scheduled Tribes to any of its m eetings,
or m ay associate w ith itself, in such m anner and for such purpose as it m ay
deem necessary, any person w hose assistance or advice, it m ay need in com plying
w ith any of the provisions of this A ct or in carrying out any of its functions
under this A ct; and a person so invited or associated, shall have the right to take
part in the discussion of the Conunission, but shall not have the right to vote.
Procedure

to be

regulated
by
C om m ission.

the

9. (1) The Com m ission or a com m ittee thereof shall m eet at such tim e
and place as the Chairp erson m ay decide.
(2) The Com m ission shall regulate its ow n procedure and the procedure

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5
(3) A ll orders and decisions of the Com m ission. shall be authenticated
by the M em ber-Secretary or any other officer of the Com m ission duly authorised
by the M em ber-Secretary in this behalf.
10. (1) The Com m ission shall,

w hile investigating any m atter under

this A ct, have all the pow ers of a civil court trying a suit and, in particular, in
respect of the follow ing m atters, nam ely :- NMLKJIHGFEDCBA
(a )

sum m oning and enforcing the attendance of any person and

exam ining him on oath ;

(b )

requiring the discovery and production of any docum ent;

(e )

receiving evidence on affidavits;

(d )

requisitioning any public record or copy thereof from any court

or office;

(e )

(j)

issuing com m issions

docum ents ; and

for the exam ination

of w itnesses

and

any other m atter w hich m ay be prescribed.

(2) The Com m ission shall perform all or any of the follow ing functions,
nam ely:(a )

to investigate and m onitor all m atters relating to the safeguards

provided for the Scheduled Castes under the Constitution oflndia
or under any other law for the tim e being in force er under any
order of the G overnm ent and to evaluate the w orking of such
safeguards ;

(b )

to participate

and advise on the planning process of socio-

econom ic developm ent of the Scheduled Castes and to evaluate

the progress of their developm ent ;
(e )"

to m ake recom m endations

as to the m easures that should be

taken by the State G overnm ent for the effective im plem entations
of the safeguards and other m easures for the protection, w elfare
and socio-econom ic developm ent of the Scheduled Castes;
(d )

to discharge such other functions in relation to the protection,

w elfare, developm ent and advancem ent of the Scheduled Castes
as m ay be prescribed ;

Pow ers
functions

and
of the

C om m ission.

LatestLaws.com
6 NMLKJIHGFEDCBA
(e )

to advise the G overnm ent on legislative and developm ental

policies affecting Scheduled Castes ;

( f)

to undertake necessary steps at the G overnm ent and public level

to protect the constitutional and legal rights of Scheduled Castes;

(g )

to m onitor the im plem entation of law s and w elfare m easures

concerning Scheduled Castes and initiate action for legal and
adm inistrative reform s to im prove status of Scheduled Castes ;

(h )

to investigate s u o m o tu or on com plaint w ith respect to the

deprivation of rights or discrim ination or victim ization of the
Scheduled Castes and to recornm end rem edial action to the
G overnm ent and initiate judicial proceedings w herever necessary
for effective rem edy ;

(i)

to conduct studies and research into the problem s of Scheduled

Castes and report the sam e to the G overnm ent for appropriate
action;

(j)

to recom m end prosecution in offences com m itted against

Scheduled Castes and assist prosecution w ith evidence and legal
services ;

(k )

to conduct public interest litigation on behalf of groups of

Scheduled Castes in general, and in special, in an individual case
of a Scheduled Caste, w ho suffer or have suffered from injustice
or discrim ination or to intervene in only proceeding pending
before a court relating to such m atters w ith the perm ission of
the court and provide legal aid and rehabilitation in deserving
cases;

(/)

to present to the G overnm ent, annually and at such other tim es

as the Com m ission m ay deem fit, reports upon the w orking of

the safeguards referred to in the preceding clauses ;

(m )

to m ake in such reports, recom m endations

im plem entation

for the effective

of the aforesaid safeguards for im proving the

conditions of Scheduled Castes by the U nion or any State;

(n )

to review , from tim e to tim e, the existing provisions

of the

Constitution of India and other law s affecting Scheduled Castes

and recom m end am endm ents thereto so as to suggest rem edial
legislative

m easures

to m eet any lacunae,

shortcom ings in such legislation ; and

inadequacies

or

LatestLaws.com
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7 NMLKJIHGFEDCBA
(0 )

to suggest and recom m end the m easures for safeguarding and

uplifting the status and conditions of Scheduled Castes and any
other m atter, w hich m ay be considered necessary and proper by
the Com m ission for the w elfare of Scheduled Castes or w hich
m ay be referred to it by the G overnm ent.

11. The G overnm ent shall consult the Com m ission on all m ajor policy
m atters affecting Scheduled Castes.
12. (1) The Com m ission
m ay, for the purpose
investigation under the A ct, utilize the services 0 [,-

of conducting

G overnm ent

Pow er

of the

C om m ission
utilize

that G overnm ent;

(h )

or

certain

of
officers

~nd
.
.
InvestigatIO n
agencies
for
conducting
investigation.

any other person.

(2) For the purpose of conducting an investigation, any officer or agency

referred to in clause

(a )

of sub-section (1), m ay, subject to the direction and

control of the Com m ission,(a )

sum m on and enforce the attendance of any person and exam ine
him ;

(h )

require the discovery and production of any docum ent;

(e)

requisition any public record or copy thereof from any office.

and

(3) Such officer or agency or the person shall investigate into the m atter
as directed by the Com m ission and subm it a report there on (hereinafter in this
section referred to as "the investigation report") to the Com m ission w ithin such
period, as m ay be specified by the Com m ission in this behalf.
(4) The Com m ission

shall satisfy itself about the correctness of the

facts stated and the conclusion,

if any, arrived at in the investigation report

subm itted to it under sub-section (3), and for this purpose, the Com m ission m ay
m ake such inquiry (including the exam ination of the person or persons, w ho
conducted or assisted in the investigation), as it considers appropriate.
13. N o statem ent m ade by a person in the course of giving evidence
before the Com m ission or an officer or agency, referred to in clause (a), or the

Statem ents

person referred to in clause ( h ) of sub-section (1) of section 12, shall subject him
to, or be used against him in any civi I or crim inal proceedings, except a prosecution
for giving false evidence by such statem ent:

C om m ission.

m ade
pl'rsons

to

the

services

(a) any officer or investigation agency of the State of Punjab or any

other State or the Central G overnm ent w ith the concurrence of

to

consult
the
C om m ission.

by
to the

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8hgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA
that the statem ent- NMLKJIHGFEDCBA

Provided

( a ) is m ade in reply to a question,

or such officer
is relevant

(b )
Protection
acts
K ood

done

of

m em ber

faith.

of the Com m ission

or any person
Com m ission,

acting

of

voluntary
o r ga nis a rio ns
and
their

scekinK
assistancc.

15. (1) A ny

appropriate
include

under

or other legal proceedings

the direction

voluntary
w ith

m ay, after
about

(2)
voluntary

The

organisation

satisfying

the im portance

norm s

organisation

of any such voluntary

in the m anner,

of this A ct. The

as it m ay

m ay,

consider

in the society,

in consultation

w ith

the

on the basis of w hich

voluntary

registration

of

shall m aintain

a register of voluntary

organisations

(f).
of its functions, the Com m ission

m ay seek the assistance

or to the m em bers

of general

If, for any reason

shall be m ade available

to any court or

public on request.

to be recorded

in w riting, the Com m ission

to cancel the nam e of any organisation

a reasonable

of the Com m ission

deem s

from its reg!ster, it m ay do

opportunity

of being heard.

about such cancellation

shall be

.
16. (f)

the

the State
grants

Caste w ithin the State,

for the purposes

organisation.

(7) The decision

G rants
by
St a t e
(;overnm cnt.

to be

in its register.

and standard

so, after giving such organisation

final.

for Scheduled

itself

(5) A list of such organisation

it appropriate

or of the

is to be m ade.

(4) In discharge

(6)

of the Com m ission

of the G overnm ent

and rule of such organisation

Com m ission

evolve

to in sub-section

authority

either

the Com m ission

(3) The Com m isison

referred

shall lie against any

w hich is in good faith done or intended

the nam e of such organisation

organisations,

or

of this A ct or, any rule or order m ade thereunder.

m ay seek registration
Com m ission

to answ er;

or any officer or other em ployee

in respect of anything,

done in pursuance

w hich is required by the Com m ission

or person

to the subject m atter under investigation.

14. N o suit, prosecution

in

Regrstr-atton

or agency

The State G overnm ent

Legislature

by law in this behalf,

from the Consolidated

State G overnm ent

of this A ct.

shall, after due appropriation

m ay consider

pay to the Com m ission

Fund of the State, such

appropriate

m ade by
by w ay of

slim s of m oney,

for being utilised

as the

for the purposes

LatestLaws.com
9
(2) The Com m ission
appropriate
m oney

for perform ing

shall be treated

sub-section

(1)

record

be prescribed

as expenditure

The

Com m ission

and prepare

Punjab,

any expenditure

payable

this A ct and

as it considers
such

sum s

out of the grants referred

m aintain

statem ent

proper

of accounts

of the Com m ission

w ithin three m onths

of

to in

accounts

and other

in such form , as m ay

A ccounts

and

A udit.

Punjab,

after the close of each financial

of the Com m ission,

the audit

as certified

report

thereon,

by the Local
shall

Fund

be forw arded

by the Com m ission.

18. The Com m ission

shall prepare,

year, as m ay be prescribed,

of its activities

year and

Punjab.

togetherw ith

to the G overnm ent

each financial

shall be audited by the Local Funds

w ith such audit, shall be payable by the Com m ission

Exam iner,

(3) The accounts

Exam iner,

shall

annual

in connection

to the Local Funds

annually

under

by the G overnm ent.

(2) The accounts

Exam iner,

such sum s of m oney

(1).

17.
relevant

m ay utilise
the functions

during the previous

in such form and at such tim e, for

its annual report, giving a full account

financial

A nn u a I
Rcport.

year and forw ard a copy thereof to

the G overnm ent.

19. The
m em orandum

G overnm ent

of action

shall

cause

the annual

taken on the recom m endations

report

togetherw ith

contained

therein,

in so
,

far as they relate

to the G overnm ent

and the reasons

any, of any of such recom m endations,

m ay be, after the reports,
20.

are received,

The Chairperson,

Com m ission

shall be deem ed

for the non-acceptance,

If

and the audit report, to be laid, as soon as

before

m em bers,

the State Legislature.

officers

to be public servants

of the

of section

21 of the Indian Penal Code.

21.

W hoever

under section
section

to obey any order of the Com m ission

10 or the order or an officer or investigation

12 intentionally

conviction,

being legally bound

be punished

om its

to do so or furnishes

under section

agency referred

false inform ation

Report

and A udit
Report
to be
laid before
the
Legtsla-

State
tu re.

and other em ployees

w ithin the m eaning

A nnual

Chairperson,
M em bers
and
staff of the
Com m ission
to
be public
servants.
Penalty.

to in

shall, on

174, 175, 176, 177, 178, 179 or 180 of the

Indian Penal Code, as the case m ay be.

22.

N o court shall take cognizance

of an offence

specified

in section

('''j!lIiLllnl'('
th('

21, except

on a com plaint

officer, authorised

in w riting

by the Chairperson

of the Chairperson
in this behalf.

or a m em ber

or an

"H('IIl('".

er

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10
Pow er

to

23. (1) The G overnm ent m ay, by notification

m ake

rules.

in the official G azette,

m ake rules for carrying out the purposes of this A ct.

(2) Every rule m ade under this section, shall be laid, as soon as m ay be,
after it is m ade, before the H ouse of the State Legislature w hile it is in session for
a total period of ten days, w hich m ay be com prised in one session or in tw o or
m ore successive sessions and if, before the expiry of the session in w hich it is so
laid or the successive sessions as aforesaid, the H ouse agrees in m aking any
m odification in the rule or the H ouse agrees that the rule should not be m ade, the
rule shall thereafter have effect only in such m odified form or be of no effect, as
the case m ay be, so how ever that any such m odification or annulm ent shall be
w ithout prejudice to the validity of anything previously done or om itted to be
done under that rule.

Pow ers

to

rem ove
difficulties.

24. If any difficulty arises in giving effect to the provisions of this A ct,
the G overnm ent m ay, by order, m ake such provision including any adaptation or
m odification of any provision of this A ct, as appears to the G overnm ent to be
necessary or expedient for the purpose of rem oving the difficulty:
Provided that no such order shall be m ade after the expiry of a period of
six m onths from the date of the com m encem ent of this A ct.

R epeal
saving.

25. (I) The Punjab State Com m ission for Scheduled Castes O rdinance,

and

2004 (Punjab O rdinance N o. 3 of 2004), is hereby repealed.

(2) N otw ithstanding such repeal, anything done or action taken under
the O rdinance referred to in sub-section (I), shall be deem ed to have been done
or taken under the corresponding provisions of this A ct. NMLKJIHGFEDCBA

5780

L R (P ) = G o v t.

P ress.

UT.

ct.d.

LatestLaws.com
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'THE PUNJAB STATE COMMISSION FOR SCIIEDULED
CASI'ES (AMENDMEET) AC1; 2006

(PUNJAB ACT NO. 19 OF 2006)

[Rece~vedthe assent of the Governor of Punjab on the 29th September,
2006, and was first pubhshcd for general lnforn~at~on
In the Punjuh C;overn?nerlt
Guzette (Extraortlinaty). Leg~slahveSupplement, dated the 29th September,
2006.1
ACT

further to amend the Punjab State Commrssion f i r Scheduled Castes

Act, 2004

BE ~t enacted by the Legislature of the State of Punjab In the Flftyseventh Year of the Republlc of Indla as follows : 1. (I) T h ~ sAct may be called the Punjab State Cormniss~onfor
Scheduled Castes (Amendment) Act, 2006.

Short title and

cummencement.

(2) It shall come into forcc at once

2. In the Punjab State Commmssion for Scheduled Castes Act,
2004 (hrrernafter referred to as the prlnclpal Act), In section 3, In subsection (21, for clause (f), the following clause shall be substituted,
namely .-

Amendment of
scclion 3 of
t'unjab Act 5
of 2004.

"lt) one Member-Secretary, to be appointed by the Go.iernmert

from amongst the retired or serving off~cersof I n d ~ a n
Adrn~n~stratlve
Servlce or the Punjab C ~ mSewlce
l
belongng
to Scheduled Castes, not below the rank of an Add~tlonal
Secretary. ".
3. In the principal Act, m sect~on4, for sub-section ( I ) , the follow~ng
sub-sectlon shall be subst~tuted,namely :-

"(I) The Chatrperson and non-officlal members shall hold office

Amendment of
sectlon 4 of
Punjab Act 5
of 2004.

for a period of SIX years :

Provided that where the Cha~rpersonatta~nsthe age of

seventy years before the explry of the aforesad term of S I X
years, he shall vacate 111s office on the day. on whlch he
attains such age.".
'For Statcrncnt of Objects and Reasons, see Pul~juh(;oi,zr.nrr~ent(iazette i,'virnoril~~?u~:~~),
dated the 15th Septcmbcr. 2006, page 1829-30.