PRELIMINARY
1. Short title, extent and commencement.
THE NATIONAL
COMMISSION FOR BACKWARD CLASSES
FINANCE,
ACCOUNTS AND AUDIT
15. Annual report and audit report to be laid before
Parliament.
[2nd April, 1993]
An Act to constitute a National Commission for Backward Classes other than the Scheduled Castes and the Scheduled Tribes and to provide for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Forty-fourth Year of the
Republic of India as follows: -
PRELIMINARY
1. Short
title, extent and commencement. -
(1) This Act may be called the National Commission for Backward Classes Act, 1993.
(2) It
extends to the whole of India except the State of Jammu and Kashmir.
(3) It
shall be deemed to have come into force on the 1st day February,
1993.
2. Definitions.
– In this Act, unless the context otherwise requires. -
(a) “Backward classes” means such backward classes of citizens other than the Scheduled Castes and the Scheduled Tribes as may be specified by the Central Government in the lists;
(b) “Commission” means the National
Commission for Backward Classes constituted under section 3;
(c) “Lists” means lists prepared by the Government of India from time to time for purposes of making provision for the reservation of appointments or posts in favour of backward classes of citizens which, in the opinion of that Government, are not adequately represented in the services under the Government of India and any local or other authority within the territory of India or under the control of the Government of India;
(d) “Member” means a Member of the Commission and includes the chairperson;
(e) “Prescribed” means prescribed by rules
made under this Act.
THE NATIONAL
COMMISSION FOR BACKWARD CLASSES
3. Constitution
of National Commission for Backward Classes. -
(1) The Central Government shall constitute a body to be known as the National Commission for Backward classes to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.
(2) The Commission shall consist of the following Members nominated by the Central Government: -
(a) A Chairperson, who is or has been a Judge of the Supreme Court or of a High Court;
(b) A Social scientist;
(c) Two persons, who have special knowledge in matters relating to backward classes; and
(d) A Member-Secretary, who is or has been an officer of the Central Government in the rank of a Secretary to the Government of India.
4. Term of office and
conditions of service of Chairperson and Members. -
(1) Every member shall hold office for a term of three years from the date he assumes office.
(2) A Member may, by writing under his hand addressed to the Central Government, resign from the office of Chairperson or, as the case may be, of Member at any time.
(3) The Central Government shall remove a person from the office of Member if that person. -
(a)
Becomes
as un-discharge insolvent;
(b)
Is
convicted and sentenced to imprisonment for an offence which, in the opinion of
the Central Government, involves moral turpitude;
(c)
Becomes
of unsound mind and stands so declared by a competent court;
(d)
Refuses
to act or becomes incapable of acting;
(e)
Is,
without obtaining leave of absence from the Commission, absent from three
consecutive meetings of the Commission; or
(f)
Has,
in the opinion of the Central Government, so abused the position of Chairperson
or Member as to render that person’s continuance in office detrimental to the
interests of backward classes or the public interest:
Provide that no person shall be
removed under this clause until that person has been given an opportunity of
being heard in the matter.
(2) A vacancy caused under sub-section (2) or otherwise shall be filled by fresh nomination.
(3)
The
salaries and allowances payable to, and the other terms and conditions of
service of, the chairperson and Members shall be such as may be prescribed.
5. Officers
and other employees of the commission. -
(1) The Central Government shall provide the commission with such officers and employees as may be necessary for the efficient performance of the function of the commission.
(2)
The
salaries and allowances payable to, and the other terms and conditions of
service of, the officers and other employees appointed for the purpose of the
Commission shall be such as may be prescribed.
6. Salaries
and allowances to be paid out of grants. – The salaries
and allowances payable to the Chairperson and Members and the administrative
expenses, including salaries, allowances and pensions payable to the officers
and other employees referred to in section 5, shall be paid out of the grants
referred to in sub-section (1) of section 12.
7. Vacancies
etc., not to invalidate proceedings of the Commission. –No act or proceeding of the Commission shall be invalid on the ground
merely of the existence of any vacancy or defect in the constitution of the Commission.
8. Procedure
to be regulated by the commission. -
(1) The Commission shall meet as and when necessary at such time and place as the Chairperson may think fit.
(2)
The
Commission shall regulate its own procedure.
(3)
All
orders and decisions of the Commission shall be authenticated by the
Member-Secretary or any other officer of the Commission duly authorised by the
Member-Secretary in this behalf.
FUNCTIONS AND POWERS OF THE COMMISSION
9. Functions
of the commission. -
(1) The Commission shall examine requests for inclusion of any class of citizens as a backward class in the lists and hear complaints of over-inclusion or under-inclusion of any backward class in such lists and tender such advice to the Central Government as it deems appropriate.
(2)
The
advice of the Commission shall ordinarily be binding upon the Central
Government.
10. Powers
of the Commission. – The commission shall, while
performing its functions under sub-section (1) of section 9, have all the
powers of a 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; and
(f)
Any
other matter, which may prescribed.
11. Periodic
revision of lists by the Central Government. -
(1) The Central Government may at any time and shall, at the expiration of ten years from the coming into force of this Act and every succeeding period of ten years thereafter, undertake revision of the lists with a view to excluding from such lists those classes who have ceased to be backward classes or for including in such lists new backward classes.
(2)
The
Central Government shall, while undertaking any revision referred to in
sub-section (1), consult the commission.
FINANCE,
ACCOUNTS AND AUDIT
12. Grants
by the Central Government. -
(1) The Central Government shall. After due appropriation made by parliament by law in this behalf, pay to the commission by way of grants such sums of money as the Central Government may think fit for being utilized for the purposes of this Act.
(2)
The
Commission may spend such sums as it thinks fit for performing the functions
under this Act, and such sums shall be treated as expenditure payable out of
the grants referred to in sub-section (1)
(1) The commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central in consultation with the Comptroller and Auditor-General of India.
(2)
The
accounts of the Commission shall be audited by the Comptroller and
Auditor-General at such intervals as may be specified by him and any
expenditure incurred in connection with such audit be payable by the Commission
to the Comptroller and Auditor-General.
(3)
The
Comptroller and Auditor-General and any person appointed by him in connection
with the audit of the accounts of the Commission under this Act shall have the
same rights and privileges and the authority in connection with such audit as
the Comptroller and Auditor-General generally has in connection with the audit
Government accounts and, in particular, shall have the rights to demand the
production of books, accounts, connected vouchers and other documents and
papers and to inspects any of the offices of the Commissions.
14. Annual
report. –The commission shall prepare, in
such form and at such time, for each financial year, as may be prescribed, its
annual repot, giving a full accounts of its activities during the financial
year and forward a copy thereof to the Central Government.
15. Annual
report and audit report to be laid before Parliament. –The Government shall cause the annual report, together with a
memorandum of action taken on the advice tendered by the Commission sunder
section 9 and the reasons for the non-acceptance, if any, of any such advice,
and the audit report to be laid as soon as may be after they are received
before each House of Parliament.
MISCELLANEOUS
16. Chairperson,
Members and employees of the Commission to be public servants. –The Chairperson, Members and employees of the Commission shall be
deemed to be public servants within the meaning of section 21 of the Indian
Penal Code (45 of 1860).
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
(2)
In
particular, and without prejudice to the generality of the foregoing powers,
such rules may provide for all or any of the following matters, namely: -
(a)
Salaries
and allowances payable to, and the other terms conditions of service of, the
Chairperson and Members under sub-section (5) of section 4 and the officers and
other employees under sub-section (2) of section 5;
(b)
The
form in which the annual statement of accounts shall be prepared under
sub-section (1) of section 13;
(c)
The
form in, and the time at, which the annual report shall be prepared under
section 14;
(d)
Any
other matter which is required to be, or may be prescribed.
(3) Every rule made under this Act shall be laid, as soon as may be 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 the successive sessions and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rules should not be made, the rule shall thereafter have affect only in such modified form or be of no effect, as the case may be; so, however that nay such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
18. Power
to remove difficulties. -
(1) If any difficulty arises in giving effect to the provisions of his Act, the Central Government may, by order published in the Official Gazette, make provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient, for removing the difficulty;
Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.
(2)
Every
order made under this section shall, as soon as may be after it is made, be
laid before each House of Parliament.
(1) The National Commission for Backward Classes Ordinance, 1993 (Ord. 23 of 1993) is hereby repealed.
(2)
Notwithstanding
such repeal, anything done or any action taken under the said Ordinance shall
be deemed to have done or taken under the corresponding provisions of this Act.