The Kerala State Commission for Backward Classes Act, 1993

• 
THE KERALA STATE COMM ISSION FOR BACKWARD 
CLAS~ES ACT, 1993 
(Act 11 of 1993) 
34/ 1050120 16'S-22. 
• 
THE KERALA STATE COMM ISSION FOR BACKWARD CLASSES 
ACT, 1993 (Act 11 of 1 993) 
CONTE NTS 
Preamble 
Sections 
C HAPTER I 
PRELIMINARY 
I. Short title e xtent and commencement 
2. Definitions 
CHAPTF. R II 
THE STATE COMMISSION FOR BACKWARD CLASSES 
3. Constitution of the Kerala State Commission for 
Backward Classes 
4. Term of office and condi tions of service of 
Chairperson and Members 
5. Ofticers and other employees of the Conm1ission 
6. Salaries. allowances and administrative expenses 
to be paid of grants 
7. Vacancies etc., not to invalidate the proceedings 
of the Commission 
8. Procedure to be regulated by the Commission 
CHAPTER III 
FUNCTIONS AND POWERS OF THE COMMISSION 
9. Functions o f tbe Commission 
10. Power of the Commission 
II . Periodic revision of lists by Government 
3411050120 16/S-22. 
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CHAPTER rv 
FrNANCE. ACCOUNTS AND AUDIT 
12. Grants by the Government 4 
13. Accounts a nd Audit 4 
14. Annual Report 5 
15. Annual report and Audit report to be laid before 5 
the L egislature 
CHAI'TER v 
MlSCELLANEOUS 
16. Chairperson, Members and employees of the 5 
Commission to be public servants 
17. Power to make rules 5 
18. Powers to remove difficulties 6 
19. Repeal and saving 6 
• 
TlfE KERALA STATE COMMISSION FOR BACKWARD 
CLASSES ACT. 1993* 
(Act II of 1993) 
An Act to constitute n State Commission for Bachvard Classes oth<'r than the 
Sc heduled Castes and Scheduled Tribes and to provid e for matt ers 
connected therewith or incid <'lllal thereto. 
Preamble.- WIIF. KF.AS, it is necessary to constitute a State Commisson for 
Backward Classes other than the Scheduled Castes and the Scheduled Tribes 
and to provide for matters connected therewith or incidental thereto: 
B ~ it enacted in the Forty-fourth Year of the Repulic of India ru follows:-
CIIAPJFR I 
PRELIMINARY 
I . Short title extend and commencement.- ( I) This Act may be called the 
Kerala State Commission for Backward Classes Act. 1993. 
(2) It extends to the whole of the State of Kerala. 
(3) It shall be deemed to have come into force on the lOth day of March. 
1993. 
2. Dejinitions.- ln 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 are specified by the 
Government as ·other backward classes' in the list; 
(b) "Commission" means the Kerala State Commission for Backward 
Classes constituted under section 3; 
(c) ''Government" means the Govenunent of Kerala: 
(d) "list" means the list of 'othe r backward classes· declared as such 
by the Government from time to time for the purpose of making provision for the 
reservation of appointments o r poMs in favour of backward clas. es 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 within the State 
or under the control of the Government. 
(c) "Member" means a Member of the Commission and includes the 
Chairperson; 
(f) ''prescribed" means prescribed by rules made under this Act. 
•Receive d th e assent o f the Gov erno r o n the 17th day of April. 1993 and pullltshcd in th e 
Kcrala Go1cllc Extra ordinar y No. 450 d<llcd the 17t h April. 1993 . 
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CUAPl l R II 
THE STATE COMMISSION FOR BACKWARD CLAS ES 
3. Constitution of tlte Kern/a State Commission fo r Backward C lasses.­
( I) The Government shall constitute a body to be known as the Kerala State 
Commission for Backward ClaS! es to exercise the powers conferred on. and to 
perfonn the functions assigned to, it under this Act. 
•[(2) The commission shall consist of a Chairman who is or has been a 
Judge of the Supreme Court or of a High Court appointed b y the Government 
and the following members. that i s to say. 
(a) the Secretary to Government in charge of the Backward Classes 
Welfare Department of the Government. ex-officio. who s hall be the Member 
Secretary of the Commis.-;ion: 
(b) two persons having s pecial knowledge in matters relatin g to 
Backward Classes to be nominated b y the Govemmcnt.l 
4. Tem1 o( Office and conditiom of .sen •ice of Chairperson and Membel:s.­
( I) Every Member, shall hold office for a term of three years from the date he 
assumes o ffice. 
(2) A Member may. by w ritin g under his hand addr esse d to the 
Government. resign from the office of Chairperson or. as the case may be. of 
Member at any time. 
(3) The Government shall remove a person from the otlicc of 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 Government. involves moral turpitude; 
(c) beco mes of unso und mind and stands so dec lared by a 
competent court; 
(d) refuses to act or becomes incapable o f acting; 
(c) i s. without obtaining leave o f absence from the Commission absent 
from three consecutive meetings of the Conunission: or 
(f) has. in the o pinion of the Government. so abused the position of 
Chairp erso n or Member as to rend e r that per sons co ntinuan ce in offi ce 
detrimental to the interests o f backward classes or the public interest: 
Prov ided that no person shall be removed und er this clause unl ess 
that person h as been given a reasonabl e o pportunit y o f b e ing heard in 
the matter. 
• Su bstitut ed by Acl tO o f 2000 . 
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( 4) A vacancy caused under sub-section (2) or otherwise shall be filled 
by fresh nomination within a period of three months. 
(5) The salaries and allowances payable to, and the other terms and 
conditions of service of; the Chairperson and Members s hall be such as may be 
prescribed. 
5. Officers and other employees of the Commission.- (1) The Government 
shall provide the Commission with such officers and employee s as may be 
necessary for the efficient performance of the functions o f the Commission. 
(2) The salaries and allowance s payable to. and the other terms and 
conditions of service of. the officers and other employees appoint ed for the 
purpose of the Commission shall be s uch as may be prescribed. 
6. Salari es. allowanc es and administrativ e expenses 10 be paid out of 
grams.- The salaries and allowances payable to the C hairperson and members. 
and the administrative expenses, including salaries. allowances and pensions 
payable to the ofticers and other employees reffered to in section 5. shall be 
paid out of the grants referred to in sub-section {I) of section 12. 
7. Vacancies etc., not to invalidat e the 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. 
8. Procedure 10 be regulated by the Commission. - ( I) The Commission 
shall meet as and when necessa ry at such time and place as the Chairperson 
may think fit: 
Provided that it shall meet at least once in three months. 
(2) The Commission shall regulate its on procedure. 
(3) All orders and decisons of the Commission shall be authenticate by 
the Member-Secretary or any other officer of the Commission duly authorised by 
the Member-Secretary in this behalf. 
CIIAPTER III 
FUNCTIONS AND POWERS OF THE COMMISSION 
9. Functions of the Commission. - ( I) The Commission shall examine 
reque.sts 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 Government as it deems appropriate. 
(2) The advice of the Commission shall ordinarily be binding upon the 
Government. 
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10. Powers of the Commission.- The Commjssion shall, while performing 
its functions under sub-section ( I) of section 9 have a ll the powers o f a civil 
court trying a swt and on particular in respect of the following matters, namely:-
( a) summoning and enforcing the attendance of any p erson from any 
part of the State and examining him on oath; 
(b) requiring the discovery and production of any document; 
(c) receiving e vidence on aflidavits; 
(d) requesitioning any public record or copy t hereo f from any court 
or office; 
(e) iss uing co mmiss io ns fo r the ex aminat ion of witn esses and 
documents; and 
(f) any other matter which may be prescribed. 
11. Periodic revis ion of lists by Government.- ( I) 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 w ith a v iew to excluding from such lists those classes who have 
ceased to b e backward c lasses or for including in such lists new backward 
classes. 
(2) The Government shall wllile undertaking a ny revision reffered t o in 
sub-section ( I) consult the Commission. 
CHAPTER IV 
FINANCE, ACCOUNTS AND AUDIT 
12. Grants by 1he Gov ernmenl.- ( 1) The G overnment sha ll. afte r 
due appropriation made by the State Lcgi lature by law in t his behalf. pay 
to the Co mm ission by way of gra nts s uch sums of money as the 
Government may think fit for b eing utili ed for the purposes of this Act. 
(2) The Commission m ay spend such sums as it thinks fit for p erforming 
the functions under this Act, and such sums s hall be trea1ed as expenditure 
payable o ut of the grants referred to in sub-section ( I). 
13. Acco unts and A udit .-( I) The Commiss ion shall maintai n p roper 
accounts and other relevant records and prepare an <~ n nu a l statement of accounts 
in such form as may be prescribed by the Government in consultation with the 
Comptroller and Auditor General of India. 
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(2) The a ccounts of the Corru11ission shall be audited b y the Comptroller 
aud Auditor General of India at such intervals a s may be specified by him and 
any expenditure incurred in connection with such audit shall be payable by the 
Commission to the Comptroller and Auditor General of India. 
(3) Th e Comptr oller and Audi tor Ge neral of India and an y perso n 
appoint ed by him in conn ecti on with the audit o f the acco unt s 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 
of India generally has in connection with the audit of Goverrunent a cco unt~ and 
in particular, shall have the right to demand the production of b ooks, accounts, 
connected vouchers and other documents and papers and to inspect any of the 
offices of the Commission. 
14. Annual report.- The Commission shall prepare, in such form and at 
such time, for each financial year, a may be prescribed its annual report, giving 
a full account of its activities during the previous financial year and forward a 
copy thereof t o the Govenun ent. 
15. Annual report and audit report to be laid before the Legislature.- The 
Govemment shall cause the a nnual report together with a memorandum of action 
taken on the advic e tend ered by the Co mmission u nder section 9 and the 
reasons for the non-acceptance, if a ny, of any such advice, and the audit report, 
to be laid as soon as may be after they are rece ived before the Leg ilsati ve 
Assembly. 
C HAI'TER v 
MlSCELLANEOUS 
16. Chairperson. Members and employees of the Commission to be Public 
Servants.- The Chairperson, Members and employees o f the Conunission shall 
be deemed t o be public servants within the meaning of Section 21 of the Indian 
Penal Code (Central Act 45 of 1860). 
17. Power to make ru/es.- (1) The Govemment may by notification in the 
Gazette make rules for carrying out the purposes of this Act either prospectively 
or r etrospectively. 
(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:-
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(a) sala rie · and allowances payable to. and the o ther terms and 
conditions of service of the Chirperson and Members under sub-section (5) 
of Sectio n I and of office rs and ot her e mployee s und er sub-sec tion (2) 
of Section 5: 
(b) the form. in which the annual statement of a cco unt hall be 
maintained under sub-section ( I) of Section 13: 
(c) the form in and the time a t w hich t he annual r eport hall be 
prepared under Section 14; and 
(d) any o ther matter which is required t o be. or may be pre, cribed. 
(3) Every rule made under this Act hall be laid. a$ . oon as may be after 
it i. made. before the L egi lative A ssembly. while it is in session for a t ot :~ l 
period of f ourteen days which m ay be comprised in one sess ion or in two 
successive sessions, and if, before the e xpiry of the session in which it is so laid 
or the sess ion immedia te ly following, the Leg islative Assembly makes any 
modification in the rule o r decides t hat the rule s hould n ot be made. the rule 
shall thereafter have effect only in such modified fom1 or be o f no effect as the 
case may be, so however. t hat any s uch m odification or annulme nl shall be 
without prejudice to the v alidity o f anything previously done under that rule. 
18. Powers to remo11e d(fficu I ties.- ( I) If any difficulty a rise, in giving 
effect to the provisions of this Act. the Government may. by order published in 
the Gazette. make provisions. not i nconsi. tent with the pro\'isions of t his Act 
as appear to it to be nece sary or expedient for removing the difficulty. 
(2) Every order made under this section shall, as soon as may be a fter it 
is made, be laid before the Legislative Assembly. 
19. RepC'al and sa 1·ing. - ( l) The Ke rala Stat e Co mmiss io n 
for Backwar d Classes Ordina nce. 1993 (Ordinan ce No. 5 of 1993) i.; 
hereby repealed. 
(2) Notwithstanding such repeal. anything done o r any action taken 
under the s aid Ordin ance, shall be dee med t o have been d one o r tak en 
under this Act. 

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