The Kerala State Commission for Backward Classes Act, 1993

• THE KERALA STATE COMMISSION FOR BACKWARD CLAS~ES ACT, 1993 (Act 11 of 1993) 34/ 1050120 16'S-22. • THE KERALA STATE COMMISSION FOR BACKWARD CLASSES ACT, 1993 (Act 11 of 1993) CONTENTS Preamble Sections C HAPTER I PRELIMINARY I. Short title extent and commencement 2. Definitions CHAPTF.R II THE STATE COMMISSION FOR BACKWARD CLASSES 3. Constitution of the Kerala State Commission for Backward Classes 4. Term of office and conditions of service of Chairperson and Members 5. Ofticers and other employees of the Conm1ission 6. Salaries. allowances and administrative expenses to be paid of grants 7. Vacancies etc., not to invalidate the proceedings of the Commission 8. Procedure to be regulated by the Commission CHAPTER III FUNCTIONS AND POWERS OF TH E COMMISSION 9. Functions of tbe Commission 10. Power of the Commission II . Periodic revision of lists by Government 3411050120 16/S-22. 2 2 3 3 3 3 3 4 4 11 CHAPTER rv FrNANCE. ACCOUNTS AND AUDIT 12. Grants by the Government 4 13. Accounts and Audit 4 14. Annual Report 5 15. Annual report and Audit report to be laid before 5 the Legislature CHAI'TER v MlSCELLANEOUS 16. Chairperson, Members and employees of the 5 Commission to be public servants 17. Power to make rules 5 18. Powers to remove difficulties 6 19. Repeal and saving 6 • TlfE KERALA STATE COMMISSION FOR BACKWARD CLASSES ACT. 1993* (Act II of 1993) An Act to constitute n State Commission for Bachvard Classes oth<'r than the Scheduled Castes and Scheduled Tribes and to provide for matters connected therewith or incid<'lllal thereto. Preamble.- WII F. KF.AS, it is necessary to constitute a State Commisson for Backward Classes other than the Scheduled Castes and the Scheduled Tribes and to provide for matters connected therewith or incidental thereto: B~ it enacted in the Forty-fourth Year of the Repulic of India ru follows:- CIIAPJFR I PRELIMINARY I . Short title extend and commencement.- ( I) This Act may be called the Kerala State Commission for Backward Classes Act. 1993. (2) It extends to the whole of the State of Kerala. (3) It shall be deemed to have come into force on the lOth day of March. 1993. 2. Dejinitions.- ln 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 are specified by the Government as ·other backward classes' in the list; (b) "Commission" means the Kerala State Commission for Backward Classes constituted under section 3; (c) ''Government" means the Govenunent of Kerala: (d) "list" means the list of 'other backward classes· declared as such by the Government from time to time for the purpose of making provision for the reservation of appointments or poMs in favour of backward clas. es of citizens which. in the opinion of the Government. are not adequately represented in the services under the Government and any Local or other authority within the State or under the control o f the Government. (c) "Member" means a Member of the Commission and includes the Chairperson; (f) ''prescribed" means prescribed by rules made under this Act. •Received the assent o f the Governo r o n the 17th day of April. 1993 and pullltshcd in the Kcrala Go1cllc Extraordinary No. 450 d<llcd the 17th April. 1993 . 2 CUAPl l R II THE STATE COMMISSION FOR BACKWARD CLAS ES 3. Constitution of tlte Kern/a State Commission for Backward Classes.­ ( I) The Government shall constitute a body to be known as the Kerala State Commission fo r Backward ClaS! es to exercise the powers confe rred on. and to perfonn the functions assigned to, it under this Act. • [(2) The commission shall consist o f a Chairman who is or has been a Judge of the Supreme Court or of a High Court appointed by the Government and the fo llowing members. that is to say. (a) the Secretary to Government in charge of the Backward Classes Welfare Department of the Government. ex-officio. who shall be the Member Secretary of the Commis.-;ion: (b) two persons having special knowledge in matters relating to Backward Classes to be nominated by the Govemmcnt.l 4. Tem1 o( Office and conditiom of .sen •ice of Chairperson and Membel:s.­ ( I) Every Member, shall hold offi ce for a term of three years from the date he assumes offi ce. (2) A Member may. by writing under his hand addressed to the Government. resign from the offi ce of Chairperson or. as the case may be. of Member at any time. (3) The Government shall remove a person from the otlicc 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 Government. involves moral turpitude; (c) becomes of unso und mind and stands so dec lared by a competent court; (d) refuses to act or becomes incapable of acting; (c) is. without obtaining leave of absence from the Commission absent from three consecutive meetings of the Conunission: or (f) has. in the opinion of the Government. so abused the position of Chairperso n or Member as to rende r that persons continuance in office detrimental to the interests of backward classes or the public interest: Provided that no person shall be removed under this clause unless th at person has been g ive n a reaso nabl e opportunity o f be ing heard in the matter. • Su bst ituted by Acl tO o f 2000. i 3 ( 4) A vacancy caused under sub-section (2) or otherwise shall be fi lled by fresh nomination within a period of three months. (5) The sa laries 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 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 o ffi cers and other employees appointed for the purpose of the Commission shall be such as may be prescribed. 6. Salaries. allowances and administrative expenses 10 be paid out of grams.- The salaries and allowances payable to the Chairperson and members. and the administrative expenses, including salaries. allowances and pensions payable to the ofticers and other employees reffered to in section 5. shall be paid out of the grants referred to in sub-section {I) of section 12. 7. Vaca ncies etc., not to invalidate the 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 10 be regulated by the Commission.- ( I) The Commission shall meet as and when necessary at such time and place as the Chairperson may think fit: Provided that it shall meet at least once in three months. (2) The Commission shall regulate its on procedure. (3) All orders and decisons of the Commission shall be authenticate by the Member-Secretary or any other officer of the Commission duly authorised by the Member-Secretary in this behalf. CIIAPTER III FUNCTIONS AND POWERS OF THE COMMISSION 9. Functions of the Commission.- ( I) The Commission shall examine reque.sts 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 Government as it deems appropriate. (2) The advice of the Commission shall ordinarily be binding upon the Government. 4 10. Powers of the Commission.- The Commjssion shall, while performing its functions under sub-section ( I ) of section 9 have all the powers of a civil court trying a swt and on particular in respect of the following matters, namely:- ( a) summoning and enforcing the attendance of any person from any part of the State and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on aflidavits; (d) requesitioning any public record or copy t hereo f from any court or office; (e) issuing comm iss io ns fo r the exami nat ion of witnesses and documents; and (f) any other matter which may be prescribed. 11. Periodic revis ion of lists by Government.- ( I) The 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 fo r including in such lists new backward classes. (2) The Government shall wllile undertaking any revision reffered to in sub-section ( I) consult the Commission. CHAPTER IV FINANCE, ACCOUNTS AND AUDIT 12. Gran ts by 1he Governmenl.- ( 1) The Govern ment sha ll. a fte r due appropriation made by the State Lcgi lature by law in this behalf. pay to the Co mm ission by way o f grants such sums of mo ney as the Government may think fi t for being uti li ed 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 sha ll be trea1ed as expend iture payable out of the grants referred to in sub-section ( I). 13. Accounts and Audit.-( I) The Commission shall maintain proper accounts and other relevant records and prepare an <~ nnua l statement of accounts in such form as may be prescribed by the Government in consultation with the Comptroller and Auditor General of India. • 5 (2) The accounts of the Corru11ission shall be audited by the Comptroller aud Auditor General of India 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 Comptroller and Auditor General of India. (3) The Comptroll er and Auditor General of India and any person appointed by him in connection with the audit o f the acco unts of the Commission under this Act shall have the same rights and pri vileges and the authority in connection with such audit as the Comptroller and Auditor General of India generally has in connection with the audit of Goverrunent account~ 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. 14. Annual report. - The Commission shall prepare, in such form and at such time, for each financial year, a may be prescribed its annual report, giving a fu ll account of its activities during the previous financial year and forward a copy thereof to the Govenunent. 15. Annual report and audit report to be laid before the Legislature.- The Govemment shall cause the annual report together with a memorandum of action taken on the advice tendered by the Commi ssion 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 the Legilsati ve Assembly. C HAI'TER v MlSCELLANEOUS 16. Chairperson. Members and employees of the Commission to be Public Servants.- The Chairperson, Members and employees of the Conunission shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code (Central Act 45 of 1860). 17. Power to make ru/es.- (1) The Govemment may by notification in the Gazette make rules for carrying out the purposes of this Act either prospectively or retrospectively. (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:- 6 (a) sala ri e · and allowances payable to. and the o ther terms and conditions of service of the Chirperson and Members under sub-secti on (5) o f Sectio n I and o f o ffi ce rs and ot her employees und er sub-secti on (2) of Section 5: (b) the form. in which the annual statement o f account hall be maintained under sub-section ( I) of Section 13: (c) the fo rm in and the time at which the annual report hall be prepared under Section 14; and (d) any other matter which is required to be. or may be pre, cribed. (3) Every rule made under this Act hall be laid. a$ . oon as may be after it i. made. before the Legi lative Assembly. while it is in session for a tot:~ l period of fourteen days which may be comprised in one sess ion or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immedia te ly following, the Leg islative Assembly makes any modification in the rule or decides that the rule should not be made. the rule shall thereafter have effect only in such modified fom1 or be of no effect as the case may be, so however. that any such modification or annulmenl shall be without prejudice to the validity of anything previously done under that rule. 18. Powers to remo11e d(fficu I ties.- ( I) If any difficulty arise, in giving effect to the provisions of this Act. the Government may. by order published in the Gazette. make provisions. not inconsi. tent with the pro\'isions of this Act as appear to it to be nece sary or expedient for removing the difficulty. (2) Every order made under this sect ion shall, as soon as may be after it is made, be laid before the Legislative Assembly. 19. RepC'al and sa1·ing.- ( l) The Ke rala State Commiss io n for Backward Classes Ordina nce. 1993 (Ordinance No. 5 of 1993) i.; hereby repealed. (2) Notwi thstanding such repeal. anything done or any action taken un der the said Ordin ance, shall be dee med to have been done o r taken under th is Act.