THE NATIONAL COMMISSION FOR BACKWARD CLASSES ACT, 1993
[Act, No. 27 of 1993]
[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:--
Section 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 of February, 1993.
Section 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.
Section 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.
Section 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 undischarged 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:
Provided that no person shall be removed under this clause until that person has been given an opportunity of being heard in the matter.
(4) A vacancy caused under sub-section (2) or otherwise shall be filled by fresh nomination.
(5) 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.
Section 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 functions of the Commission.
(2) The salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employee appointed for the purpose of the Commission shall be such as may be prescribed.
Section 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.
Section 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.
Section 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 Members-Secretary in this behalf.
Section 9. Functions of the Commission
(1) The Commission shall examine requests for inclusion of any class of citizens as a backward class in such 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.
Section 10. Powers of the Commission
The Commission shall, while performing its functions under sub-section (1) of section 9, have all the power 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 be prescribed.
Section 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 often 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 subsection (1), consult the Commission.