Justice(Retd.) Dharmpal Sinha

Chairman

Damodar Prasad

Member Secretary

-Cum-

Appellate Authority

Jag Narayan Singh

Member

 

 

Introduction

 

In pursuance of the direction of the Supreme Court in the Indira Sahni case judgment, the Govt. of Bihar enacted the State Commission for Backward Classes Act, 1993 (Act No. 12 of 1993) for setting up a State Commission for Backward Classes at Bihar State as a permanent body. This commission is a independent body, comes under Personnel and Administrative Reforms Department of Bihar Government.

 

Definition

 

Backward Classes of Citizens means the class or classes of citizens who are socially and educationally backward as may be notified by the Government in the Bihar Gazette from time to time.

 

Functions

The functions of the Commission are:

(1)
(a) 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.
(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 service 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 as per the Amendment of 2007.
(2) The advice of the Commission shall ordinarily be binding upon the State Government.

 

Powers of 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 of office;
(e) issuing commissions for the examination of witnesses and documents; and
(f) any other matter which may be prescribed.

 


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