National Commission for Backward Classes Act, 1993

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.

In this Act, unless the context otherwise requires,-

1. "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;

2. "Commission" means the National Commission for Backward Classes constituted under section 3;

3. "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;

4. "Member" means a Member of the Commission and includes the Chairperson;

5. "Prescribed" means prescribed by rules made under this Act.

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:-

1. A Chairperson, who is or has been a Judge of the Supreme Court or of a High Court;

2. a social scientist;

3. Two persons, who have special knowledge in matters relating to backward classes; and

4. 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.

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  ease may be, of Member at any time.

3. The Central Government shall remove a person from the office of Member if that person-

1. becomes an undercharged insolvent;

2. Is convicted and sentenced to imprisonment for an offence which, in the opinion of the Central 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 acting;

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 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.

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  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.

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.

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 Member-Secretary in this behalf.

9. Functions� of the Commission.

1. The Commission shall examine requests 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 Central Government as it deems appropriate.

2. The advice of the Commission shall ordinarily be binding upon the Central Government.

10. 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 from any part of India and examining him on oath;

2. Requiring the discovery and production of any document;

3. Receiving evidence on affidavits;

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.

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 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 Central Government shall, while undertaking any revision referred to in sub-section (1), consult the Commission.

1. The� Central� Government� shall,� after� due� appropriation made by Parliament by� law� in� this� behalf,� pay to the Commission by way of grants such sums of money� as� the �Central� Government� may think fit for� being� utilised� 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 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 Central Government in Consultation with the Comptroller and Auditor-General of India.

2. The accounts of the Commission shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by 5 him  and any expenditure incurred in connection with such audit  shall be payable by the Commission to the Comptroller and Auditor-General.

3. The Comptroller and Auditor-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  Comptroller  and  Auditor-General   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  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� Central� Government.

The Central 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 Parliament.

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 Central 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: -

1. Salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and Members under sub-section (5) of section 4 and the officers and other Employees under sub-section (2) of section 5;

2. The form in which the annual statement of accounts shall be prepared 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 Parliament, while it is  in session,  for a total period of thirty 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 that rule.

1. If any difficulty arises  in  giving  effect to the provisions of this Act, the  Central  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, for removing the difficulty:

Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.

2. Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.

1. The National Commission for Backward Classes Ordinance, 1993 (Ord. 23 of 1993) is hereby repealed.

2. Not with standing such repeal, anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of this Act.