Act

STATE COMMISSION FOR BACKWARD CLASSES ACT, 1993.
(Bihar Act 12, 1993)

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Chapter-1
Preliminary

Short Title, Extent and Commencement –
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.
Definitions –
In this Act, unless the context otherwise requires –
1. “ Backward Classes” means such backward classes other than the Scheduled Castes and the Scheduled Tribes specified or to be specified in the Schedules appended to Bihar Act, 3 of 1992.
2. “ Commission “ means the State Commission for Backward Classes constituted under Section – 3.
3. “ Lists” means lists prepared by the State Government 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 the Government, are not adequately represented in the services under the State or under the control of the State Government.
4. “Member” means a Member of the Commission and includes the Chairperson.
5. “Prescribed” means prescribed by rules made under this Act.
CHAPTER – II
The State Commission for Backward Classes
Constitution of the State Commission for Backward Classes :-
1. The State Commission shall constitute a body to be known as the State 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 State Government:-
  1. A Chairperson;
  2. A social scientist;
  3. two persons, who have special knowledge to matters relating to backward classes; and
  4. a Member Secretary, who is or has been as officer of the State Government in the rank of a Secretary, Special Secretary, Additional Secretary or Joint Secretary to the Government of Bihar.
Term of Office and conditions of service of Chairperson and Members:-
1. Every Members 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 –
  1. becomes an undischarged insolvent;
  2. is convicted and sentenced to imprisonment for an offence which, in the opinion of the State Government involves moral turpitude;
  3. becomes of unsound mind and stands so declared by a competent court;
  4. refuses to act or becomes incapable of action;
  5. is, without obtaining leave of absence from the Commission, absent from three consecutive meetings of the Commission; or
  6. has, in the opinion of the State Government, so abused the position of Chairperson of Member as to render that person’s continuance in office is 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.
Officers and other employees of the Commission: -
1. The State 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 employees for the purpose of the Commission shall be such as may be prescribed.
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.”
Vacancies etc. not to invalidate proceedings of Commission : -
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.
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 authorized by the Member Secretary in this behalf.
CHAPTER - III
Functions and Powers of the Commission
Functions of the Commission :-
1. 1. The Commission shall examine request for inclusion of any class of citizen 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.
  2. 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 service and educational institutions and tender appropriate advice so that the State Government may take necessary action in this regard.
  3. Execution of other works referred by the Government to the Commission also from time to time shall be made by the Commission as per the Amendment of 2007.
2. The advice of the Commission shall ordinarily be binding upon the State Government.
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 :-
1. summoning and enforcing the attendance of any person and examining him on oath;
2. requiring the discovery and production of any document;
3. receiving evidence on affidavit;
4. requisitioning any public record or copy thereof from any court or office;
5. issuing commissions for the examination of witnesses and documents; and
6. any other matter, which may be prescribed.
Periodic Revision of lists by the State Government :-
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.
CHAPTER – IV
Finance, Accounts and Audit
Grants by the State Government :-
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 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 such-section ( 1).
Accounts and Audit: -
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 such audit as the Accountant General, Bihar generally has 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 papers and to inspect any of the officers of the Commission.
Annual Report : -
The Commission shall prepare, in such form and at such time, for each financial year, as may be prescribed, the annual report, giving a full account of the activities during the previous financial year and forward a copy thereof to the State Government.
Annual report and audit report to be laid before State Legislature:- The State Government shall cause the annual report, together with a 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.
CHAPTER - V
Miscellaneous
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)
Power to make rules:-
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 prejudices to the generality of the foregoing powers, such rules may provide for all or any of the following matters namely:-
  1. 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;
  2. the form in which annual statement of accounts shall be maintained under sub-section (1) of Section 13.
  3. the form in, and the time at which the annual report shall be prepared under section 14.
  4. 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 agreed 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 rule.
Power to remove difficulties:-
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 provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient, fore removing the difficulty.
2. Every order made under this Section shall, soon as may be after it is made, be laid before each House of State Legislature.
Repeal and Saving :-
1. The State Commission for Backward Classes Second Ordinance, 1993 ( Bihar Ordinance No. 17, 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 is this Ordinance were in force on the day on which such thing or action was done or taken.
By the Order of the Governor.

RULES
Department of Personnel and Administrative Reforms Notification
6th April, 1998.
No. G.S.R. -2 dated the 13th April, 1998.

In the exercise of the powers conferred by sub-section (2) (a) of Section 17 of the State Commission for Backward Classes Act, 1993 ( Bihar Act 12, of 1993) the State Government hereby make the following Rules, namely:-

Short Title and Commencement :-
1. These rules may be called the State Commission for Backward Classes( Salaries and other Allowances and Other Conditions of Service of Chairman and Members) Rules, 1996.
2. It shall come into force from the date of joining of Chairman and Members.
Definitions: -
In these rules unless the context otherwise requires : -
1. “ Act” means the State Commission for Backward Classes Act, 1993 ( Bihar Act 12 of 1993.)
2. “ Commission” means the State Commission for Backward Classes;
3. “ Chairman “ means the Chairman of the Commission nominated under sub-section (2) (a) of Section 3 of the Act ;
4. “ Member “ means a member of the Commission and includes the Chairman;
5. The words and expressions used herein but not defined shall have the same meaning assigned to them in the Act.
Allowances and Salaries :-
1. The Chairman shall be entitled to such pay and allowance as admissible to the Chairman of Bihar Public Service Commission.
2. Every Member other than the Chairman shall be entitled to such pay and allowance as admissible to the member of Bihar Public Service Commission.
Rank and Status :-
The Chairman and Member shall have the same rank and status as Chairman and Member of Bihar Public Service Commission.
Retirement from parent service on appointment as Member :-
The Members who on the date of his appointment to the Commission was in the service of the Central or a State Government shall be deemed to have retired from such service with effect from the date of his appointment as member of the Commission.
Leave:-
The Chairman and every Member shall be entitled to leave as follows: -
1. Earned Leave, half pay leave and commuted leave in accordance with the Bihar Service Code as amended from time to time.
2. Extraordinary leave as admissible to the temporary Government servants under the Bihar Service Code as amended from time to time.
Pension :-
1. The Chairman or a Member who, at the time of his appointment as such was in the service of the Central or State Government, shall at his option to be exercised within a period of six months from the date of his appointment or till he attains the age of superannuation whichever is earlier, be entitled to draw his pension and other retirement benefits as per the rule applicable to the service in which he belonged with effect from the date of his appointment as Chairman or Member ( as the case may be ) provided that, in such an event his pay as Chairman or Member shall be reduced by an amount equivalent to the gross pension including any portion of the pension which may have been commuted and the pension equivalent to other retirement benefits and he shall be entitled to draw his pension and other retirement benefits separately.
2. The Chairman or a Member, who at the time of his appointment as such was in the service of the Central or State Governments, if he does not exercise the option specified in such-rule (1) , shall count his service as Chairman or Member for pension and retirement benefits under the rules applicable to be service to which he belonged immediately before such appointment.
3. No pension shall be payable to the Chairman or a Member who immediately before assuming office as the Chairman or a Member, was not in any service of the Central or State Government.
Provident Fund :-
1. The Chairman or a Member who on the date of appointment to the Commission was in the service of the Central or State Government and who had been admitted to the benefits of General Provident Fund or Contributory Provident Fund, may continue to subscribe to that fund until the date on which he retires according to the rules applicable to him in his service. In the case of the Contributory Provident Fund, the employers contribution payable to that Fund shall be from the date of the Chairman or Member’s appointment to the Commission be payable by the Commission on the basis of the emoluments which he would have drawn in the post he held immediately before appointment. Explanation: - Member exercising his option under these sub-rules shall communicate his option in writing to the State Government within six months of his appointment and option so exercised shall be final.
2. The Chairman or a Member who at the time of his appointment as such Member :-
  1. was in service of the Central or State Government and had opted to draw his pension and other retirement benefits under the rules applicable to the service to which he belonged prior to such appointment; or
  2. had retired from service under the Central or State Government, a local body or other authority wholly or substantially owned or controlled by the government; or
  3. was not in service of the Central of State Government or a local body or any other authority wholly or substantially owned by the Government;
  shall be entitled to be admitted to the benefits of the Contributory Provident Fund Scheme and for this purpose shall be governed by the Contributory Provident Fund ( India ) Rules, 1962 as amended from time to time.
Residuary Provision:-
1. The conditions of service of the Chairman for which no express provision has been made in these rules, shall be –
  1. In the case of sitting judge of the Supreme Court or a High Court appointed as Chairman, the same admissible to a sitting judge of the Supreme Court or a High Court as the case may be; and
  2. In the case of a retired judge of the Supreme Court or a High Court appointed as Chairman the same as those admissible under the government’s instructions relating to fixation of pay and other terms admissible to retired judges on their appointment to Commissions/Committees of Enquiry as amended from time to time.
  3. Sumptuary Allowance: - The Chairman, in case of sitting/retired judge, shall be entitled to a sumptuary allowance as per the entitlement of a sitting judge of a High Court.
2. The conditions of service of the members for which no express provision has been made in these rules shall be as that applicable to member of Bihar Public Service Commission from time to time.

By Order of the Governor of Bihar.