The ASSAM BACKWARD CLASSES COMMISSION ACT, 1993 (SINGLE DOCUMENT)

ASSAM ACT No XVII OF 1993. 
(Received the assent of the Governor on 4th November, 1993.) 
THE ASSAM BACKWARD CLASSES COMMISSION ACT, 1993 
 
AN 
ACT 
 
Preamble.  Whereas it is expedient to provide for the con, situation of a Commission for 
Backward Classes other than the Scheduled Castes and Scheduled Tribes to 
streamline and rationalise the procedure for inclusion or over inclusion of any 
class or classes of citizens in the list of Backward Classes including More 
Other Backward Classes to provide reservation of vacancies in services and 
posts 1[in favour of any socially and educationally backward classes of 
citizens] and economically backward sections of the society and for matters 
connected therewith or incidental thereto.  
   It is hereby enacted in the Forty-fourth Year of the Republic of India as 
follows : 
 
  CHAPTER I 
PRELIMINARY 
 
Short title, 
extent and 
commencement. 
1.  
 
(1) This Act may be called the Assam Backward Classes Commission Act, 
1993. 
 
(2) It shall be deemed to have come into force on the 8th day of June,1993. 
 
(3) It extends to the whole of the State of Assam. 
 
Definitions. 2.  
 
In 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 may be specified by 
the State Government in the lists;  
 
(b) 'Commission' means the Assam Backward Classes Commission 
constituted under section 3 ;  
 
(c) 'Government' means the Government of Assam ;  
 
(d) 'lists' means lists prepared by the Government from time to time for the 
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 Government and any local or other Authority under the contract of 
the Government ;  
 
 
 
 
1. Subs. by Assam Act No. V of 1995. 
2 
 
(e) 'member' means a member of the Commission and included the 
Chairperson ; 
 
(f) 'prescribed' means prescribed by the rules made under this Act; 
 
(g) 'notification' means notification published in the Official Gazette. 
 
1[(h) “process fees” means fees for publication, service of notices or for 
summoning the witnesses.]  
 
 
  
CHAPTER II 
THE ASSAM BACKWARD CLASSES COMMISSION 
 
 
Constitution of 
the Commission. 
3.  
 
(1) The Government shall, by notification, constitute a body to be known 
as the Assam Backward Classes Commission 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 Government :- 
 
2[(a) a Chairperson, from amongst persons of eminence ability and 
integrity ;] 
 
(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 
Government in the rank of a Secretary to the Government of 
Assam.  
 
Term of office 
and conditions of 
service of chair 
person and, 
members. 
4.  
 
(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 
Government, resign from the office of the Chairperson or as the case 
may be, of member at any time,  
 
(3) The Government shall remove a person from the office of the member 
if that person,-- 
 
(a) becomes an undischarged insolvent; or 
 
(b) is convicted and sentenced to imprisonment for an offence which, 
in the opinion of the Government involves moral turpitude; or  
 
 
 
 
 
1. Ins. by Assam Act No. V of  1995. 
2. Subs. by Assam Act No. XXX of  2015. 
3 
 
(c) becomes of unsound mind and stands so declared by a Competent 
Court; or  
 
(d) refuses to act or becomes, incapable of acting; or 
 
(e) is, without obtaining leave of absence from, the Commission 
absents for three consequtive meetings of he Commission; or  
 
(f) has, in the opinion of the 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 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. 
5.  
 
(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 officers and other employees appointed for 
the purpose of the  Commission shall be such as may be prescribed.  
 
Salaries & 
Allowances to be 
paid out of 
grants. 
6.  
 
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 
proceeding or 
the Commission. 
7.  
 
No Act or proceeding of the Commission shall be in valid on the ground 
merely of in the existence of any vacancy or defect in the constitution of the 
commission. 
 
 
Procedure to be 
regulated by the 
Commission. 
8.  
 
(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.  
4 
 
 
  CHAPTER III 
FUNCTIONS AND POWERS OF THE COMMISSION 
 
Functions of the 
Commission. 
1[9.  
 
(1) The Commission shall,- 
 
(a) examine requests for inclusion of any class of citizen 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; 
 
(b) investigate and monitor all matters relating to the safeguards 
provided for the backward classes under any law for the time being 
in force or under any order of the State Government and to evaluate 
the working of such safeguards; 
 
(c) enquire into specific complaints with respect to the deprivation of 
rights and safeguards of the backward classes; 
 
(d) participate and advice on the planning process of socio-economic 
development of the backward classes and to evaluate the progress 
of their development; 
 
(e) present to the State Government annually its report on the working 
of the Commission ; 
 
(f) make in such reports recommendation, as to the measures that 
should be taken by the State Government for the effective 
implementation of those safeguards and other measures for the 
protection, welfare and socio-economic development of the 
backward classes; 
 
(g) discharge such other functions in relation to the protection, welfare, 
development and advancement of the backward classes as may be 
referred to it by the State Government. 
 
(2) The advice and recommendation of the Commission shall be considered 
by the Government and the reasons for disagreement, if any, shall be 
recorded.] 
 
Powers of the 
Commission. 
10.  
 
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 Assam and examining him or oath ;  
 
(b) requiring the discovery  and production of any document ; 
 
(c) receiving evidence on affidavits ; 
 
 
 
 
 
1. Subs. by Assam Act No. XXX of  2015.  
5 
 
(d) requisitioning any public record or copy thereof from any court or 
office;  
 
(e) issuing Commissions for the examination of witnesses and documents; 
and  
 
(f) any other matter which may be prescribed.  
 
Periodic revision 
of  lists by the 
government. 
11.  
 
(1) 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 for including in such lists new backward classes. 
 
(2) The Government shall, while undertaking any revision referred to in 
sub-section (1) consult the Commission. 
 
 
  
CHAPTER-IV 
FINANCE, ACCOUNTS AND AUDIT 
 
 
Grants by the 
Government. 
12.  
 
(1) The Government shall, after due appropriation made by Legislative 
Assembly by law In this behalf pay to the Commission by way of 
grants such sums of money as the Government may think fit for being 
utilised for the purpose 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[(3) Notwithstanding anything contained in sub-section (2); the 
Commission may however recover such sum's as process fees as fixed 
by the Government from time to time while performing its functions 
under sub-section (1) of section 9 of the Act from the parties.]  
 
Account, and 
Audit. 
13.  
 
(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 Government in consultation with the 
Accountant General of Assam.  
 
(2) The Accounts of the Commission shall be audited -by the Accountant 
General 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. 
 
 
 
 
 
 
 
 
1. Ins. by Assam Act No. V of  1995. 
6 
 
(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 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.  
 
Annual report. 14.  
 
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 Government. 
 
Annual report 
and audit report 
to be laid before 
the Assam 
Assembly. 
15.  
 
The Government shall cause the annual report together with a memorandum 
o action taken on the advice tendered by the Commission under section 9 
and the reasons for the non-acceptance, if any, of any such ad vice, and the 
audit report to be laid as soon as may be after they are received before 
Assam Legislative Assembly. 
 
  CHAPTER-V 
MISCELLANEOUS 
 
Chairperson and 
members and 
employees of the 
Commission to 
be public 
servant. 
16.  
 
The Chairperson, member and employees of the Commission 
shall be deemed to be public servants within the meaning of 
section 21 of the Indian penal code, 1860 .45 of 1860. 
 
 
Central 
Act 45 of 
1860 
Power to make 
rules. 
17.  
 
(1) The 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 the other terms and 
conditions of service of the Chairperson and members under sub-
section (5) of the Section 4 and' of 'officers and other employees 
under sub-section (2) J of Section 5;  
 
(b) the form in which the annual statement o, 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.  
 
 
 
7 
 
(3) Every rule made under this Act shall be laid, as soon as may be after it 
is made, before the Legislative Assembly, 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 session 
aforesaid, the assembly agree in making any modification in the rule 
or the Assembly agrees 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.  
 
Powers to 
remove 
difficulties. 
18.  
 
(1) If any difficulty arises in giving effect to the provisions of this Act, the 
Government ma;, 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 expendient, for removing the difficulty.  
 
(2) Every order made under this section shall as soon as may be after it is 
made be laid before the Assam Legislative Assembly.  
 
Repeal and 
saving. 
19.  
 
(1) The Assam Backward Classes Commission Ordinance. 1993 Assam 
Ordinance No 1 of 1993 is hereby repealed.  
 
(2) Notwithstanding 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.  
 
  
 
 
 
 
K. LASKAR, 
Secretary to the Govt. of Assam, 
Legislative Department. 

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