The Haryana Backward Classes Commission Act, 2016 (9 of 2016)

HARYANA GOVT. GAZ. (EXTRA), APR.20, 2016 (CHTR. 31, 1938 SAKA) 43 
HARYANA GOVERNMENT 
LAW AND LEGISLATIVE DEPARTMENT 
Notification 
The 20th April, 2016 
No. Leg. 12/2016.— The following Act of the Legislature of the State of Haryana received 
the assent of the Governor of Haryana on the 1st April, 2016 and is hereby published for general 
information :— 
HARYANA ACT NO. 9 OF 2016 
THE HARYANA BACKWARD CLASSES COMMISSION ACT, 2016 
AN 
ACT 
10 constitute the Haryana Backward Classes Commission and to 
provide for matters connected therewith or incidental thereto. 
Be it enacted by the Legislature of the State of Haryana in the Sixty-seventh Year of the 
Republic of India as follows :- 
1. This Act may be called the Haryana Backward Classes Commission Act, 2016. Short title. 
2. In this Act, unless the context otherwise requires,- 
Definitions. 
(@) «Backward Classes” means such Backward Classes as notified by the State 
Government in the Official Gazette from time to time; 
® «“Commission” ~ means the Haryana Backward ~ Classes Commission 
constituted under section 3; 
()  "Member" means a Member of the Commission  and includes the 
| 
Chairperson; 
i (d) "prescribed” means prescribed by the rules made under this Act; 
(e) “State Government” means the Government of the State of Haryana. 
3. (1) The State Government, by notification in the Official Gazette, shall constitute a Constitution of 
body to be known as the Haryana Backward Classes Commission to_exercise the powers Haryana 
conferred on and to perform the functions assigned to it under this Act. Bcfim.”fig”m 
(2) The Commission shall consist of the following Members to be nominated by the 
State Government, namely:- 
(a) @ Chairperson, who is or has been a Judge of the High Court; 
b a social scientist; 
(c)  two persons, who have special knowledge in matters relating to Backward 
Classes; and 
@ a Member-Secretary, who is or has been an officer of the State 
Government not below the rank of Secretary to the Government, Haryana. 
4. (1) Every Member shall hold office for a term of three years from the date he Tem of officc 
assumes office. 
e eomditions of 
(2) A Member may, by writing under his hand addressed to the State Governme geniceiof 
resign from his office atany time. 
ent, ahca:hp::on and 
(3). The State Government shall remove 2 Member if he,- 
(a) becomesan undischarged insolvent; or 
®) i con_vi_cled and sentenced to imprisonment for an offence which in 
the opinion of the State Government involves moral turpitude; or : 
(c) becomes of unsound mind and 
court; or stands 50 declared by a competent 
44 HARYANA GOVT. GAZ. (EXTRA), APR. 20, 2016 (CHTR. 31, 1938 SAKA) 
(d)  refusestoactor becomes incapable of acting; or 
€ s, without obtaining leave of absence from the Commission, absent 
from three consecutive meetings of the Commission; or 
(f) has,in the opinion of the State Government, SO abused the position 
of Member as 1o 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 sub-section 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 5. (1) The State Govemment shall provide the Commission with such officers and 
employees of employees, as may be necessary, for the efficient performance of the functions of the Commission 
Commission. 
Salaries and 
under this Act. 
(2) The salaries and allowances payable to and 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. 
6. The salaries and allowances payable to the Chairperson and Members and the 
allowancestobe  administrative expenses, including salaries, allowances and pensions payable to the officers and 
id f grants. N P B & 
paidoutolgnn other employees shall be paid out of the grants referred to in sub-section (1) of section 12. 
Ya?:y notto 7. No act or proceedings of the Commission shall be invalid merely on the ground of the 
‘p""‘mée::;p of existence of any vacancy, absence of Member or defect in the constitution of the Commission. 
Commssion. 
Procedure to be 8. (1y The Commission shall meet as and when necessary, at such time and place, as 
regulated by {he Chairperson may think fit. 
Commission. . 3 
(2) The Commission shall regulate its own procedure. 
(@) 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. 
Funcliqn;of 9, The Commission shall examine requests for inclusion or exclusion of any class of 
Commission. citizens as a Backward Class and hear complaints of over-inclusion or under-inclusion of any 
Backward Class and tender such advice to the State Government, as it deems appropriate. 
Powers of 10. The Commission shall, while performing its functions under section 9, have all the 
Commission. powers of a civil court trying 2 suit and in particular, in respect of the following matters, namely:- 
()  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; 
© receiving evidence on affidavits; 
(d) requisitioning any public record or copy thereof from any court or office; 
(¢) issuing commissions for the examination of witnesses and documents; and 
(f  any other matter which may be prescribed. 
Periodic revision 11. (1) The State Government ma; i 
of Backward fror 1 ) i y, at any time and shall at the expiration of ten years 
b om the coming into force of this -Act and every s i i 
asses. 
ucceeding period of ten years thercafter, 
undertake the revision of the Backward Classes. 
(2)  The State Government i 5 
Commission. nt while acting under sub-section (1) shall consult the 
HARYANA GOVT. GAZ. (EXTRA.), APR. 20, 2016 (CHTR. 31, 1938 SAKA) 45 
) 12. (1) The State Government shall, after due appropriation made by the State 
Legislature by law in this behalf, 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 sub-section (1). 
13.  The Commission shall maintain proper accounts and other relevant records and 
prepare an annual statement of accounts in such form, as may be prescribed. 
14. (1) 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 State Government. 
(2) The State Government shall cause the annual report to be laid before the 
State Legislature. 
15.  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, 1860 (45 of 1860). 
16. (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 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 Members; 
(b) the form in which the annual statement of accounts shall be 
prepared under section 13; 
(¢) 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. 
(3)  Every rule made under this Act shall be laid, as soon as may be after it is 
made, before the State Legislature. 
17. (1) [Ifany 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, for 
removing the difficulty. 
(2) Every order made under sub-section (1) shall, as soon as may be after it is 
made, be laid before the State Legislature. 
Grants by State 
Govemnment. 
Accounts. 
Annual Report 
Chairperson, 
Members and 
employees of Commission to be 
public servants. 
Power to make rules. 
Power to remove 
difficulties. 
Seert KULDIP JAIN ecretary to Govcmmen; H; i arya Law and Legislative Departmel"::l ’ 
54252—L.R—H.GP., Chd,

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