LexThe KARNATAKA STATE COMMISSION FOR BACKWARD CLASSES ACT, 1995
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THE KARNATAKA STATE COMMISSION FOR BACKWARD CLASSES ACT, 1995
ARRANGEMENT OF SECTIONS
1.
Statement of Object and Reasons
Sections :
CHAPTER I
PRELIMINARY
Short title and commencement.
2.
CHAPTER II
CONSTITUTION OF THE KARNATAKA STATE COMMISSION FOR BACKWARD CLASSES
Definitions.
3. Constitution of the Karnataka Commission for Backward Classes.
4. Term of office and conditions of service of Chairman and members.
5. Officer and other employees of the Commission.
6. Salaries and allowances to be paid out of grants.
7. Vacancies etc., not to invalidate proceedings of the Commission.
8.
CHAPTER III
FUNCTIONS AND POWERS OF THE COMMISSION
Procedure to be regulated by the Commission.
9. Functions of the Commission.
10. Powers of the Commission.
11.
CHAPTER IV
FINANCE, ACCOUNT AND AUDIT
Periodic revision of lists by the State Government.
12. Grants by the State Government.
13. Accounts and audit.
14. Annual report.
15.
CHAPTER V
MISCELLANEOUS
Annual report and audit report to be laid before the State Legislature.
16. Chairman, Members and employees of the Commission to be public servants.
17. Power to make rules.
18. Powers to remove difficulties.
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STATEMENT OF OBJECTS AND REASONS
I
Act 28 of 1995.- It is considered necessary to constitute a permanent commission for
Backward classes of citizens, for following reasons.
(i) to ensure their social and economic development.
(ii) to examine requests for inclusion of any class of citizens as a backward c lass in
the lists and hear complaints of over inclusion or under inclusion of any backward class
in such lists.
(iii) to make survey of the Social and Educational conditions and problems of the
citizens belonging to the Backward classes;
(iv) to supervise of the implementation of the various welfare schemes meant for the
Backward classes.
Hence the Bill.
(As in the L.A. Bill No. 22 of 1995.)
II
Amending Act 24 of 1997.- It is considered necessary to provide for constitution of a
permanent Commission for Backward Classes of citizens,-
(i) to ensure their social and economic development;
(ii) to examine requests for inclusion of any class of citizens as a Backward Classes
in the lists and hear complaints of over inclusion or under inclusion in Backward Classes
list;
(iii) to make survey of the social and educational conditions and problems of persons
belonging to the Backward Classes; and
(iv) to supervise the implementation of various welfare schemes made for Backward
Classes, etc.
Hence the Bill.
(Obtained from L.A. Bill No. 22 of 1994)
III
Amending Act 33 of 2014. - It is considered necessary to amend the Karnataka
State Commission for Backward Classes Act, 1995(Karnataka Act 28 of 1995) to give
effect to the announcement made by the Hon’ble Chief Minister in his Budget speech
of 2013 -14 for conducting social and educational survey of all castes in the state
through the Backward Classes Commission.
Hence the Bill.
[L.A. Bill No. 40 of 2014, File No. Samvyashae 05 Shasana 2014]
[entries Article 14 and 15 of the Constitution of India]
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KARNATAKA ACT No. 28 OF 1995
(First published in the Karnataka Gazette, Extraordinary on the Twelth day of October
1995)
THE KARNATAKA STATE COMMISSION FOR BACKWARD CLASSES ACT, 1995.
(Received the assent of the Governor on the Twelth day of October 1995)
(As amended by Act 24 of 1997 and 33 of 2014)
An Act to constitute a Commission for Backward Classes of citizens oth er than the
Schedule Castes and Schedule Tribes in the State of Karnataka and to provide for
matters connected therewith or incidental thereto;
WHEREAS it is expedient to constitute a Commission for Backward Classes of citizens
other than the Schedule Cas tes and Schedule Tribes in the State of Karnataka and to
provide for matters connected therewith or incidental thereto;
BE it enacted by the Karnataka State Legislature in the Forty -sixth year of the
Republic of India as follows :-
CHAPTER I
PRELIMINARY
1. Short title and commencement. - (1) This Act may be called the Karnataka State
Commission for Backward Classes Act, 1995. (2) It shall come into force on such 1[date]1, as the State Government, may by
notification, appoint.
1. Act came into force on 1.12.1997.
2. Definitions.- In this Act, unless the context other-wise requires,-
(a) "Backward Classes" means such class or classes of citizens other than the
Scheduled Castes and Scheduled Tribes, as may be notified by the State Government in
the list from time to time;
(b) "Commission" means the Karnataka State Commission for Backward Classes
constituted under section 3;
(c) "Lists" means lists prepared by the State Government, form time to time, for
purposes of making provisions for the reservation in favour of Backward Classes of
citizens under Article 15(4) and Article 16(4) of the Constitution;
(d) "member" means a member of the Commission.
CHAPTER II
CONSTITUTION OF THE KARNATAKA STATE COMMISSION FOR BACKWARD CLASSES
3. Constitution of the Karnataka Commission for Backward Classes. - (1) The
Government shall constitute a body to be known as the Karnataka State Commission for
Backward Classe s to exercise the powers conferred on and to perform the functions
assigned to it under this Act with its headquarters at Bangalore.
(2) The Commission shall consist of the following members:-
(a) a Chairman, who is or has been a Judge of the High Court 1[or who is eligible
to be appointed as a Judge of the High Court or a social scientist]1;
1. Inserted by Act 24 of 1997 w.e.f. 29.9.1997
1[(b) x x x]1
1. Omited by Act, 24 of 1997 w.e.f. 29.9.1997.
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1(c) five persons who have special Knowledge in matters relating to backward
classes of whom one shall be a social scientist;]1
1. Substituted by Act 24 of 1997 w.e.f. 29.9.1997.
1[(d) the Commissioner, Backward Classes Welfare, shall be the Member-
Secretary of the Commission.]1
1. Substituted by Act, 33 of 2014 w.e.f. 06.09.2014
4. Term of office and conditions of service of Chairman and Members.- (1)
Subject to the pleasure of the State Government the Chairman and every member shall
hold office for the term of three years from the date he assumes office 1[x x x]1.
1. Omited by Act, 24 of 1997 w.e.f. 29.9.1997.
(2) The Chairman or a member may in writing under his hand addressed to the State
Government, resign from the office of the Chairman or of member, as the case may be
at any time.
(3) The State Government shall remove a person from the office of the Chairman or
of a member if that person,-
(a) becomes an undischarged insolvent;
(b) is convicted and sentenced to imprisonment for an offence which, in the
opinion of the State Government, involves moral turpitude;
(c) becomes of unsound mind and stands so declared by a competent court;
(d) refuses to act or becomes incapable of acting;
(e) is, without obtaining leave of absence from the Commission, absents from
three consecutive meetings of the Commission; or
(f) has, in the opinion of the Government so abused the position of Chairman or
member as to render that person's continuance in office is 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 co nditions of
service of the Chairman and Members shall be such, as may be prescribed.
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5. Officers and other employees of the Commission. - (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.
(2) The salaries and allowances payable to and the other terms and conditions of
service of the o fficers and other employees appointed for the purposes of the
Commission shall be such, as may be prescribed.
6. Salaries and allowances to be paid out of grants. - The salaries and
allowances payable to the Chairman and members of the administrative expenses
including salaries, allowances and pension 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 Com mission.- No act or
proceedings of the Commission shall be invalid merely on the ground of the existence of
any vacancy or defect in the Constitution of the Commission.
8. Procedure to be regulated by the Commission. - (1) The Commission shall
meet as and when necessary, ordinarily at Bangalore and at such other places 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 duty authorised by the
Member-Secretary in this behalf.
CHAPTER III
FUNCTIONS AND POWERS OF THE COMMISSION
9. Functions of the Commission.- (1) The functions of the Commission shall be as
follows:-
(i) to 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 State Government as it deem s
appropriate;
1[(ii) to conduct survey on social and educational status of the citizens of the State,
to identify the classes of citizens who are socially and educationally backward and to
recommend to State Government for necessary measures;]1
1. Substituted by Act, 33 of 2014 w.e.f. 06.09.2014
(iii) to supervise the implementation of various welfare schemes meant for the
Backward Classes;
(2) The advice of the Commission shall ordinarily be binding upon the 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:-
(a) summoning and enforcing the attendance of any person from any part of the
State and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
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(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.
11. Periodic revision of lists by the State Government.- (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 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 t o be
backward classes or for including in such lists, new backward classes.
(2) The State Government shall, while undertaking any revision referred to in sub -
section (1), consult the Commission.
CHAPTER IV
FINANCE, ACCOUNTS AND AUDIT
12. Grants by the State Government. - 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
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).
13. Accounts and audit.- (1) Accounts of the income and expenditure of the
Commission shall be kept in accordance with such rules, as may be prescribed.
(2) The Commission shall prepare an annual statement of accounts in such form, as
may be prescribed.
(3) The accounts of the Commission shall be audited annually by such auditor as the
State Government may appoint.
(4) The auditor shall, for the purpose of the audit, have access to all the accounts
and other records of the Commission.
(5) The Commission s hall pay from its grant such charges for the audit, as may be
prescribed.
(6) A soon as may be after the receipt of the report of the auditor the Commission
shall send a copy of the annual statement of accounts together with a copy of the report
of the a uditor to the State Government and shall cause to be published the annual
statement of accounts in such manner, as may be prescribed.
(7) The State Government may after perusal of the report of the auditor give such
directions as it thi nks fit to the Commission and the Commission shall comply with such
directions.
14. Annual Report.- 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.
15. Annual report and audit report to be laid before State Legislature. - The
State Government shall cause the annual report together with a memorandum of action
taken on the recommendation contained therein in so far as they relate to the State and
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the reasons for the non -acceptance, if any, of such recommendations, to be laid, as
soon as may be, after the reports are received, before each House of the Stat e
Legislature. The Commission may at its discretion submit from time to time special
report on any matter of public importance to the state Government.
CHAPTER V
MISCELLANEOUS
16. Chairman, members and employees of the Commission to be public
servants.- The Chairman, members and employees of the Commission shall be
deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
17. Power to make rules. - (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 the Chairman and members under sub-section (5) of section 4 and the officers
and other employees under sub-section (2) of section 5.
(b) the form in which the annual statement of accounts shall be prepared under
sub-section (2) 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.
(3) Every rule made under this Act shall be laid as soon as may be after it is made,
before each House of State Legislature 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 sess ion 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.
18. Power to remove difficulties. - (1) If any 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;
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 soon as may be after it is made, be laid
before each House of the State Legislature.
* * * *
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was published in the official Gazette dated 23.12.1995 in Part IV-2B as No.2108 under
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KARNATAKA ACT NO. 33 OF 2014
(First Published in the Karnataka Gazette Extra-ordinary on the Sixth day of September,
2014)
THE KARNATAKA STATE COMMISSION FOR BACKWARD CLASSES
(AMENDMENT) ACT, 2014
(Received the assent of the Governor on the Second day of September, 2014)
An Act further to amend the Karnataka State Commission for Backward Classes
Act, 1995.
Whereas it is e xpedient further to amend the Karnataka State Commission for
Backward Classes Act, 1995 (Karnataka Act 28 of 1995) for the purposes hereinafter
appearing;
Be it enacted by the Karnataka State Legislature in the Sixty -fifth year of the
Republic of India, as follows:-
1. Short title and commencement. - (1) This Act may be called the Karnataka
State Commission for Backward Classes (Amendment) Act, 2014.
(2) It shall come into force at once.
Sections 3 and 9 are Incorporated in the Principal Act