The Madhya Pradesh Rajya Pichhda Varg Ayog Adhiniyam 1995

/,
S82
(6)
"lvt';!?
mftr.!f.
?'
29
?
-1995
-----
MADHYA
PRADESH
ACT
i-1,
.j
i
?tlons:
THE
MADHYA
PRADESH
RAJYA
PICHHADA V
ARG
A
YOO
ADHINIY
AM,
1995.
',
'
TABLE
OF
CONTENTS
.
CHAPTER
1-
PRELIMINARY
•
.
1.
Short
title, extent
and
commencement.
2.
Definitions.
i
•
'
i
•
·'''
CHAPTER
II-THE
STA
TE
COMMISSION
FOR
BACKWARD
CLASSES
3.
Constitution
of Stole
Commiision
for
Dack
ward
Classes.
4.
Tenn
of
office
and
conditions
of
service
of
Chairperson
and
Members
.
.
-:-
-
.
----
.
5,
Officers
an?her
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.
Procedure
to
be
regulated
by
the
Commission.
;
..
'
CHAPTilR
llI-FIJNCTIONS
AND
POWERS
OF
nm
COMMISSION
...
.'
9.
Functions
of
the
Commission.
:
10.
Powers
of
the
Commission.
1 I
.
Periodic
revision
of
lists
by
the
State
Government.
CHAPTER
IV-FINANCE,
ACCOUNTS
AND
AUDIT
12.
Grants
by
the
State
Government.
13.
Accounts
and
Audit.
14.
Annual
Report.
.
.
'.;
.....____;_J._,.
7"""
15. Annual
rep? and
audit
report
to.lie
laid
before
the
Legislative.
Assembly.
CHAPTER
V?MISCBLLANEOUS
16.
Chairperson,
Members
and
employees
of
the
Commission
to
be
public
servants.
17.
Protection
of
action
taken in
good
faith.
":····-1·
'
'
.
'
,..
·?no:>?·
.
.·
1-··
'
.
'
;_
....
18.
Power
to
make
rules..
19. Power
to
remove
difficulties.
20.
Dissolution
and
Saving.

SB.!
(7)
MADHYA
PRADESH
ACT
?
.,._
-No.
26
OF-l9YS:-
THE
MAD
HY
A
PRADESH
RAJY
A
PICHHADA
VARGA
YOG
ADHINIYAM,
1995.
[Received
the
assent
of
the
Gr>vemor
on
th1.
24th
May,
1995;
,ssent
first published
in
the
"Madhya
Pradesh
Gazette
(Extra-ordinary)"
dated
the
29th
June,
1995.]
CHAPTER
I-PRELIMINARY
An
Act
to
constitute
a
State
Commls?ion
for
D11ckward
Classes
other
than
the
Scheduled
Castes
-..
.I
and
the
Scheduled
Tribes
and
to
provide
for
matters
connected
tht:rewlth
or
Incidental
thereto.
Be
it
enacted
by
the
Madhya
Pradesh
State
Legislature
in
the
Forty-sixth year
of
the
Republic
or
India
as
follows
:-
t'Ofllllltlll'Clll('ll1,
I.
(I)
11,is
Act
mny
he
called
the Madhya
Pradesh
Rajya
Pichhacla
Varg
Ayog
Adhiniyam,
1995.
Short
titlc,cxtmt
and
l>cfinlUonH
(c)
"List"
means
list
or
backward
classes
as
prepared
by
the
Slalc
(;ovcr11111cnt
vi
ell'
Notifi<;alinn
No.
F-
85-XXV.•4-84,
dated
the
26th
December,
1984,
as
amended
from
time
to
time;
2.
ln
thi?
Act,
unless
the
context
otherwise
rcquires-
(a)
"Backwaru?hsscs"
'means
such
backwards
classes
of
;itizens
other
than
the
Scheduled
Castes
and.
the
Sd1cdulcd
Tribes
as
arc
specified
hy
the
State
Government
vide
Notification
No.
F.
!15-XXV-4-84,
<lated
the
26th
December,
1984 as
amended
from
time
to
time.
(b)
"Commission"
means
the
Madhya
Pradesh
Rajya
Pichhada
Varg
Ayog
constiuncd
under
Section
3;
(3)
It
shall
c<HHC
into
force
on
such
date as
the
Stntc
(jovcrnn1cnl
11111y,
hy
notifkntion,
nppoinl.
(2)
It
extends
to
the
whole
of
the
State
of
Madhya
Pradesh.
(d)
"Member"
means
a
Member
of
the
Commission
and
includes
the
Chairperson.
CHAPTER
II-THE
STATE
COMMISSION
roa
BACKWARD
CLASSES
r
3.
(I)
TI1e
State
Government
shall
constitute
a
body
to
be
known
as
the
M\1dhya
Pradesh
Rajya
Pichha<la
V
arg
Ayog
to
exercise
the
powers
conferred
on
and to
perform
the
functions
assigned
to
it
under
this
Act.
Coni,;tltullon
of
Stntc
CommL,sion
for
Backward
Cla..l(SCS,
Tcm,
of
office
and
conditions
of
se
rvl
e e
of
ChRtrpcr"m
and
M•1i1hcrs,
(2)
The
Co1111nission
shall
consist
of
the
following
memhers,-
(a)
three
non-official
members
who
have
special
knowledge
in
the
matters
relating
to
backward
classes
of
whom
one
shall
be
the Chairperson,
to
be
appointed
by
the
Stale
G?mment;,__
_
---
.
__
Provided
that
atlcast
one
of
the
members
shall
he
from
amongst
Backward
Classes.
(b)
Director,
Backward
Classes
Welfare,
Madhya
Pradesh.
4.
(I)
Every
non-official
member
of
the
Commission
shall
hold
office
for
a
term
of
three
years
from
the' date
he
assumes
charge
of
his
office.

582
(B)
Tl!7-i"'X?.'!T
?,
ITT1'F
29
'?-"
199
S
(2)
A
member
may,
by
writing
under
his
hnnd
nddresscd
to
the
Stnto
Oovcrnmcnl,
resign
from
the
office
of
Chairperson
or
the case
may
be,
of
member
at
any
time.
(3)
The
State
Government
shall
remove
a
person
from
the
office
of
member
if
that
pcrson-
(a)
becomes
an
undischarged
insolvent:
(bjis
convicted
and
sentenced
to
imprisonment
for
on
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;
(
4)
A
vacancy
caused
under
sub-section
(2)
or
otherwise
shall
be
filled
by
fresh
nomination
and
the
p,·is<Jn
so
n<>111inatcd
shall
hohl
office
for
the
remainder
terms
of
his
predecessor.
(5)
The
salaries
and
allowance
payable
to,
and
the
other
terms
and
c,mditions
of
service
of,
the
Chairperson
and
Members
shall
be
such as
may
be
prescribed.
(d)
refuses
to
net
or
becomes
incapable
of
acting:
...;.
(c)is-;-wiOwut
obtulning
leave
of
absence
ft
nm
the
Commission,
absent
from
three
consecutive
meetings
of
the
Co1nrnission;
01
.
(f)
has,
in
the
opinion
of
the
State
Government,
so
ahused
the
positi?n
of
Chairperson
or
Member
a,
to
render
bis
continuance
in
office
detrimental
to
the
interests
of
backward
classes
or
the
public
interest:
Provided
that
no
person
shall
be
removed
under
this
clause
unless
he
has
been
given
an
·
opportunity
of
being
heard
in
the
matter.
·
(2)
The
salaries
and
allc-vanccs
payable
to
and
the
other
terms
and
conditions
of
service
of
the
officers
and
other employees
appointed
for
the
purpose
of
the
Commission
shnll
he
such as
may
be
prescribed.
5.
(I)
The
State
Government
shall
appoint
a
Secretary
to
the
Commission
and
provide
the
Commission
with
such
other
officers
and
employees
as
may
be
necessary
for
the
efficient
performance
of
the
functions
of
the
Commission.
Offlctn
and
other
c1111,loyC't'!I
or
tbe
CommL"31on.
8.
(
I
J
The
Commission
shall
meet
as
and
when
necessary
at
such
time
and
place
as
the
Chairperson
may
think
fit
..
(2)
The
Commission
shall rcgulare
its own procedure.
(3)
All
orders
and
decisions
of
the
Commission
shall
be
authenticated
by
the
Secretary
or
any
other
officer
of
the
Commission
duly
authorised
by
the
Secretary
in
this
behalf.
'
'
.
'>
7..
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
or
the
Commission.
V
11eanclf111,
etr,
not
be
lnv111l1late
proceedln&1
orthe
Commission.
rroctdur,
to
he
regulated
by
the
Commk<lon.
Salaries
and.,.;,
6.-Toc
snh
..
ies
and
allowances
puyuhlc
to
the Chairperson
and
members
and
the
administrative
allowances
lo
be
expenses,
including
salaries,
allowances
and
pensions
payable
to
the Secretary,
officers
and
other
paldoutofgTnnts.
d
·
employees
referred
to
in
Section
5,
shall
be
pai
out
of
the
grants
referred
to
in
sub-section
(1)
of
Section
12,
,
·
CHAPTER \Il-FUNCTIONS
AND
POWERS
OF
THE
COMMISSION
Functions
of
tht
Commb."ilOn,
9.
(I)
It
shall
be
the
function
of
the
Commission,-
(a)
to
act
as
watch-dog
commission
for
the
protection
afforded
to
the
i11e111bers
of
the
backward
classes
under
the
Constitution
and
under
any
other
law
for
the
time
being
in
force.

'-•
!.,
tl :>. ('))
=====-·=============
(b)
to
watch the
proper
and
timely
implementation
of
programmes
meant
for
the
Welfare
of
backward
classes
and
to
suggest
improvemcor
in
such
programmes
of the
State
Governn?
or
anyother
body
or
authority
responsible
for
implementation
of
such
programmes.
(c)
tender
advice
regarding
reservation
for buck
ward
classes
in
public
services
nnd for
admission
in
educational
institutions.
·
(d)
to
examine
requests
for
inclusion
of
any
of
the
citizens
as
backward
classes
in
the
list
prepared
by
State
Government
from
time
to
time
for
purposes
of
making provision
for
the
reservation
in appointments
in.
the
posts
and
here
complaints
of
over-inclusion
or
under-inclusion
of
?ny
backward
class
in such
lists
and tender
such
advice
tothe State
Government
11s
it
deems
appropriate;
'
(e)
ascertain the
category
of
person
or
groups
falling
under
the
creamy
layer
within the
backward
classes;
i
'
(I)
lo
perform
such
other
Junctions
us
mny
he
assigned
to
ii
by
the State
Government.
(2)
The
ml
vice of
the
Commission
shull,
ordinarily
he
hinding
upon
the
State
Government;
where,
however,
the Government
does
not
accept
U1e advice,
it
shall
record
its
reasons
therefor.
I 0.
The Co1111nission
•,hall,
whik
performing
its
functions
under
sub-section
(I)
of Section
9,
have
l'owero
of the
ull the
powers
of
a
Civil
Court
tryinp
11
suit
and
in
particular,
in
respect
ol
the
following
mutters.
Comml.slou.
namely:-
(a)
summoning
;.ljl
enforcing
the
;..,(cndancc
of
any person
fi-0111
anypart
of the Slate
and
examining
him
on
oath;
(b)
requiring
the
discovery
and
prmluction
of
any
document;
(c) receiving
evidence
on
affidavits;
(d)
requisitioning
any
public
record
or
copy
thereof
from
any
court or
office;
/
(c)
issuing
commissions
for the
examination
of witnesses
and
documents;
and
'
(f)
any
other
matter
which
'may
be
prescribed.
11.
(
l)
The State
Government
may
al
any
time,
and
shall,
al
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
of
Backward
Classes
with
a'view
to
excluding
from
such
list those
classes
who
have
ceased
to
I
be
backward
classes
or
for
including
in
such
list
new
backward
classes.
(2)
The
State
Government
shall,
while
undertaking
any
revision
referred
to
in
sub-section
(I),
consult
the
Commission.
CHAPTER
IV-FINANCE,
ACCOUNTS
AND
AUDIT
12.
(I)
The
State Government
shall,
after
due
appropriation
made
by
Legislative
Assembly by
law
in
this
bchul
I,
pay
to
the
Q;i,,nmission-hy
wn:r
of
grants
such
sums
of
money ns
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,
arid
such
sums
shall be
treated
as
expenditure
payable
out
of
the
grants
referred to
in
sub-section
(I).
13.
(I)
The
Commission
shall
maintain
proper
accounts
and
other
relevant
records
and
prepare
an
annual statement
of
accounts
in
such
rorm
as
may
be
prescribed
by
the
State
Government.
Periodic
revision
or lists
by
the State
Government.
(;rant.
by
the
Stole
(
;ovcnunent,
Accounts
and
Aud II.

582
(10)
(2)
111L
Accounts
of the
Commission
shall
be
audited
by
the
Accountant
General
of
Madhya
P:
adesh
atsuch
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.
AT
•.
\IJl
Report.
14.
The
Commission
shall
prepare,
in
such
form
and
at
such
for
each
financial
year,
as
may
be
prescribed,
its
annual
rep?ni.,
giving
a
full account
of
its
ncti
viucs
during
the
previous
financial
year
and
forward
a
copy
thereof to
the
State
Government.
Annual
nport.
and
audlt
report
lo
be
IAld
h<'forC'
the
Lcgl?J11tlve
A11.cirmhly.
15.
The
State
Government
shall
cause
the
annual
report
together
with
a
memorandum
of
action
taken
on
the
advice
tendered
by
the
Commission
under
Sections
9
and
11
and
the
reasons
for
the
non­
acceptance,
i
r
any,
of
any
such
advice
and
111c
adult
report
lo
be
laid
as
soon
as
may
be
after
they
arc
received
before
the
Legislative
Assembly.
·
CHAPTER
V-MISCf]"LANEOUS
I?.
(I)
The
Slate
Govcrnmc
nt
may,
hy
noufication
in
the
Official
Gazette.
make
rules
for
currying
out
the
provisions
of
this
Act.
17.
No
suit,
prosecution
or
other
legal
proceeding
shalt
lie
against any
member,
officer
or
employee
of
the
Commission
for
anything
which
is
in
good
faith
done
or
intended
to
be
done
under
this Act.
rovn·r
lo m n
k
r
rules.
?:"ha
11
r
fl
e rs
On,·
16.
The
Chairperson,
Members,
Officers
and
cmplovc,_'S
of the
Commission
shall
be
deemed to
be
1nflll1H'rll
nn?
l \'
,
I
.
l
'
r,....
•
2
f
l
I-
1·
(>
IC'
l
rmployee?
or
llH·..ai/n11
re
sc.ryu11_l::;
wit
\Ill
?\C
tnca::;,,?
'"
.,-.,.._-:tton
1
o
t ie
m
inn
ena .ouc,
18tD
(45
of
1860).
Commission
to
be
puhllc
Servants,
Protection
of
action
taken
In
Jl;OOO
faith.
(2)
l
n
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
Clwirpcrson
;111d
Members
.under
suli
section
(5)
of
Section
4
;uHI
the
Secretary,
Officers
and
other
employees
under
sub-section
(2)
ur
Seel
i1
in
5
..
(h)
the
form
in
which
the
annual
statement
of
accounts
shall
be
prepared
umler-suh-scction
(I)
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
lo be,
or
may
he,
prcscrilicd.
(3)
Every
rule
made
under
this
Act
shall
he
laid
as
soon
as
may
be
after
it
is
made
on
the
table
of
the
Lcg.islalivc
Assembly.
.
\,
Provided
that
no
such
order
shalt
he
made
after
the
expiry
of
a
period
of
two
years
froiu
the
date'
of
C<)mmcncuncnt
of this
Act.
-19?
(L)
Jr
:\11)'
d_ifficulty
•ll
i:-.c;-,
;11
5iving
effect
to
the
provisions
of
tllis
Act,
the
State
Government
may,
by
order
published
in
the
Official
G?w.:ttc,
make
provisions,_not
inconsistent
with the
provisions
of
this Act as
appear
lo
it
to
be
necessary
or
expedient,
for
removing
the
difficulty
:
Power
to
remove
.-.JI
dlfficultks.
(2)
EvTry
order
made
under
this
section
shan
n?
soon
as
may
be
uftcr
it
is
made,
he
la\d
on
the
tnb\e
of
the
Le?isluti
vc
Assembly.
rn?!I011111on
11111\
•
70
(I)
T11c
M:1dhya
Pr:Hk<:h
Backward
Cbsscs
Commission
constituted
vidc
Notification
Nn.
F
Suvlng.
12-211-XX.
V
.,1.
1)
2,
dalnl
l
.It
1
t
r-.ti,
L:li
I
I<)()'
-.1
i,d
I
st
:111d
d
issohTd
(
)Tl
1
lw l'OllSt
itlll
i(
111
of tl,r:
Com
rn
ission
under
Section
3.
(2)
Not\vithstanding
such
dissolution,
Jnything
done
or
any
action
taken
by
the
said
Commission
or
hy
the
State
Government
in
pursuance
of it?
recommendation
shall
he
deemed to
have
been
Jon?ur
taken
under
tile
corresponding
provisions
of
thi'.;
!Vt
·
?--
·--??----·----'·-·
?-----?
 

‹ Prev All Madhya Pradesh acts Next ›