LexThe Haryana Backward Classes Commission Act,2016
Haryana · state statute
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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
A
N
ACT
to 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,-
(a) “Backward Classes” means such Backward Classes as notified by the State
Government in the Official Gazette from time to time;
(b) “Commission” means the Haryana Backward Classes Commission
constituted under section 3;
(c) "Member" means a Member of the Commission and includes the
Chairperson;
(d) "prescribed" means prescribed by the rules made under this Act;
(e) “State Government” means the Gove rnment of the State of Haryana.
Definitions.
3. (1) The State Government, by notification in the Official Gazette, shall constitute a
body to be known as the Haryana Backwa rd 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 to be nominated by the
State Government, namely:-
(a) a Chairperson, who is or has been a Judge of the High Court;
(b) a social scientist;
(c) two persons, who have special knowle dge in matters relating to Backward
Classes; and
(d) a Member-Secretary, who is or has been an officer of the State
Government not below the rank of Secretary to the Government, Haryana.
Constitution of
Haryana
Backward Classes
Commission.
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 State Government,
resign from his office at any time.
(3) The State Government shall remove a Member if he,-
(a) becomes an undischarged insolvent; or
(b) is convicted 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 stan ds so declared by a competent
court; or
Term of office
and conditions of
service of
Chairperson and
Members.
44 HARYANA GOVT. GAZ. (EXTRA.), APR. 20, 2016 (CHTR. 31, 1938 SAKA)
(d) refuses to act or beco mes incapable of acting; or
(e) is, 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 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 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
employees of
Commission.
5. (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
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.
Salaries and
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 shall be paid out of the grants referred to in sub-section (1) of section 12.
Vacancy not to
invalidate
proceedings of
Commssion.
7. No act or proceedings of the Commission shall be invalid merely on the ground of the
existence of any vacancy, absence of Member or defect in the constitution of the Commission.
Procedure to be
regulated by
Commission.
8. (1) The Commission shall meet as an d 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 Co mmission shall be authenticated by the
Member-Secretary or any other officer of the Commission duly authorized by the Member-
Secretary in this behalf.
Functions of
Commission.
9. The Commission shall examine requests for inclusion or exclusion of any class of
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
Commission.
10. The Commission shall, while performing its functions under 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 or office;
(e) issuing commissions for the examina tion of witnesses and documents; and
(f) any other matter which may be prescribed.
Periodic revision
of Backward
Classes.
11. (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 ev ery succeeding period of ten years thereafter,
undertake the revision of the Backward Classes.
(2) The State Government while acting under sub-section (1) shall consult the
Commission.
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).
Grants by State
Government.
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.
Accounts.
14. (1) The Commission shall pr epare, 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 th e annual report to be laid before the
State Legislature.
Annual Report.
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).
Chairperson,
Members and
employees of
Commission to be
public servants.
16. (1) The State Government may, by notifi cation 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;
(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.
(3) Every rule made under this Act shall be laid, as soon as may be after it is
made, before the State Legislature.
Power to make rules.
17. (1) If any difficulty arises in giving eff ect 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.
Power to remove
difficulties.
_____________
KULDIP JAIN,
Secretary to Government Haryana,
Law and Legislative Department.
54252—L.R.—H.G.P., Chd.