[Act No. 12 of 1993][1] An
Act to constitute a State 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 the Legislature of the State of Bihar in the Forty-fourth Year of
the Republic of India as follows:-- (1) This Act may be called the State Commission for Backward
Classes Act, 1993. (2) It extends to the whole of the State of Bihar. (3) It shall come into force at once. In
this Act, unless the context otherwise requires: (a) "Backward Classes" means, such Backward Classes
other than the Scheduled Castes and the Scheduled Tribes specified or to be
specified in the Schedule appended to Bihar Act 3 of 1992; (b) "Commission" means the State Commission for
Backward Classes constituted under Section 3; (c) "Lists" means lists prepared by the State
Government from time to time for purpose of making provision for the
reservation of appointments or posts in favour of Backward Classes of citizens
which, in the opinion of the Government, are not adequately represented in the
services under the State Government and any local or other authority within the
State or under the control of the State-Government; (d)
"Member" means a Member of
the Commission and includes the Chairperson; (e) "Prescribed" means prescribed by rules made under
this Act. (1) The State Government shall constitute a body to be known as
the State Commission for Backward Class 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 State Government:-- (a) a Chairperson; (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
State Government in the rank of a Secretary, Special Secretary, Additional
Secretary or Joint-Secretary to the Government of Bihar. (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
State Government, resign from the Office of Chairperson or, as the case may be,
of Member at any time. (3) The State Government shall remove a person from the office
of Member, if that person: (a) becomes an undischarged insolvent; (b) is convicted and sentenced to imprisonment for an offence
which, in the opinion of the State 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 action; (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 State 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
interests: 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 he Chairperson and Members shall be such as may be
prescribed. (1) The State Government shall provide the Commision 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 employees appointed for
the purpose of the Commission shall be such as may be prescribed. 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, No
act or proceeding of the Commission shall be invalid merely on the ground of
the existence of any vacancy or defect in the constitution of 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 he Member-Secretary in this behalf. (1)
[2][(a) The Commission shall examine request for inclusion of
any class of citizens as a Backward Class in the list and hear complaints of
over inclusion or under inclusion of any Backward Class in the list of Backward
Classes (Schedule-2) and tender such advice to the State Government as it deems
appropriate. (b)
The Commission shall examine the complaints under any other law, Rules or
instructions, for the time being in force, under the Constitution and by the
State Government debarring from rights and protection and reservation
admissible for Backward Classes for the entrance in public services and
educational institutions and tender appropriate advice so that the State
Government may take necessary action in this regard. (c)
Execution of other works referred by the Government to the Commission also from
time to time shall be made by the Commission." (2)
The advice of the Commission shall
ordinarily be binding upon the State Government. 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 and
examining him on oath; (b) requiring he discovery and production of any document; (c) receiving evidence of affidavits; (d) requisitioning any public record or copy thereof from any
Court or office; (e) issuing commissions for the examination of a witnesses and
documents; and (f) any other matter which may be prescribed. (1) The State 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 State Government shall, while undertaking any revision
referred to in sub-section (1), consult the Commission. (1) The State Government shall pay to the commission by way of
grants such sums of money as the State Government may think fit for being
utilised for the purposes of this Act. (2) The Commission may spend such sums as it thinks fit
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 State Government in consultation with the
Accountant-General, Bihar. (2) The accounts of the Commission shall be audited by the
Accountant-General, Bihar at such intervals as may be specified by him and any
expenditure incurred in connection with such audit shall be payable by the
Commission to the Accountant-General, Bihar. (3) The Accountant-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
the audit of Government accounts and, in particular, shall have the right to
demand the production of books, accounts, connected vouchers and other
documents and papers and to inspect any of the offices of the Commission. The
Commission shall prepare in such form and at such time, for each financial
year, as may be prescribed, its annual report, giving a full account of its
activities during the previous financial year and forward a copy thereof to the
State Government. The
State Government shall cause the annual report, together with a memorandum of
action taken on the advice tendered by the Commission under 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 State Legislature. 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 State 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 other terms and
conditions of service of the Chairperson and Members under sub-section (5) of
Section 4 and of officers and other employees under sub-section (2) of Section
5; (b) the form in which the annual statement of accounts shall be
maintained 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 State Legislature, while it is
in session for a total period of fourteen 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 agree in making any modification in the rule or both Houses 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 modification or annulment shall be without prejudice to the validity
of anything previously done under the rule. (1) If any difficulty arises in giving effect to the provisions
of this Act, the State Government, may, by order published in the Official
Gazette, make provision not inconsistent with the provisions of this Act as
appear to it to be necessary or expedient, for removing the difficulty. (2) Every order made under this section shall, as soon as may
be, after it is made, be laid before each House of State Legislature. (1) The State Commission for Backward Classes Second Ordinance,
1993 (Bihar Ordinance No. 17 of 1993) is hereby repealed.] (2) Notwithstanding such repeal, anything done or any action
taken in the exercise of any power conferred by or under the said Act shall be
deemed to have been done or taken in the exercise of the powers conferred by or
under this Act, as if this Ordinance were in force on the day on which such
thing was done or taken.THE STATE COMMISSION FOR BACKWARD CLASSES
ACT, 1993
PREAMBLE