LexThe Maharashtra State Commission for Backward Classes Act, 2005.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act2006 : Mah. XXXIV] 1
THE MAHARASHTRA STATE COMMISSION FOR
BACKWARD CLASSES ACT, 2005
[Test as on 24th April 2024]
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CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
THE MAHARASHTRA STATE COMMISSION FOR BACKWARD CLASSES
3. Constitution of State Commission for Backward Classes.
4. Terms of office and conditions of service of Chairperson and members.
5. Officers and other employees of Commission.
6. Honorarium, salaries and allowances to be paid out of grants.
7. Vacancies, etc., not to invalidate proceedings of Commission.
8. Procedure to be regulated by Commission.
CHAPTER III
FUNCTIONS AND POWERS OF COMMISSION
9. Functions of Commission.
10. Powers of Commission.
11. Periodic revision of Lists by State Government.
CHAPTER IV
FINANCE, ACCOUNTS AND AUDIT
12. Grants by State Government.
13. Accounts and audit.
14. Annual report.
15. Annual report and audit report to be laid before State Legislature.
CHAPTER V
MISCELLANEOUS
16. Chairperson, members, officers and employees of Commission to be public servants.
17. Power to make rules.
18. Power to remove difficulties.
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LIST OF AMENDMENT ACTS
1. Amended by Mah. 29 of 20171 (9-1-2017)
1 Maharashtra Ordinance No. IV of 2017 was repealed by Mah. 29 of 2017, s. 3.
Note:- The date mentioned in the bracket indicates the date of commencement of the Act.
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MAHARASHTRA ACT NO. XXXIV OF 20061
[THE MAHARASHTRA STATE COMMISSION FOR BACKWARD CLASSES ACT, 2005.]
[This Act received the assent of the President on the 6th August 2006; assent was
first published in the Maharashtra Government Gazette,
Extraordinary, Part IV, on the 14th August 2006.]
An Act to provide for constitution of a State level Commission for Backward Classes
other than the Scheduled Castes and Scheduled Tribes and to provide for
matters connected therewith or incidental thereto;
WHEREAS, the Supreme Court in the Mandal Commission case relating to reservation of civil
posts and services in favour of socially and educationally backward classes other than the Scheduled
Castes and Scheduled Tribes, had given directions, inter alia, to all the State Governments to constitute
a permanent body for entertaining, examining and recommending upon requests for inclusion; and
hearing complaints, of over -inclusion or under -inclusion in the Lists of oth er backward classes of
citizens;
AND WHEREAS, in compli ance of the aforesaid directions of the Supreme Court, the
Government of Maharashtra has constituted a Committee known as the Maharashtra Other Backward
Classes Committee by Government Resolution, dated the 15 th March 1993, which h as subsequently
been named as “the State Commission for Backward Classes” to perform the aforesaid functions;
AND WHEREAS, the Government considers it expedient to enact a comprehensive law to
provide for the constitution of a Commission for ensuring reservation of appointmen ts or posts in
favour of the socially and education ally Backward Classes other than the Scheduled Castes and
Scheduled Tribes, in the services under the Government of Maharashtra and other local or other
authorities within the State, and to provide for mat ters connected therewith or incidental thereto; it is
hereby enacted in the Fifty-sixth Year of the Republic of India as follows :—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. — (1) This Act may be called the Maharashtra State
Commission for Backward Classes Act, 2005.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall come into force on such date 2 as the State Government may, by notification in the
Official Gazette, appoint.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “appointed day” means the date on which this Act comes into force, under sub -section
(3) of section 1;
(b) “Accountant General” means the Accountant General of Maharashtra State;
(c) “backward classes” means such backward classes of citizens other than the Scheduled
Castes and the Scheduled Tribes, as specified by the State Government in the Lists;
(d) “Commission” means the Maharashtra State Commission for Bac kward Classes
constituted under section 3;
(e) “Lists” means the Lists prepared by the State Government, from time to time, for the
purposes of making provision for the reservation of appointments or posts, in favour of the
backward classes of citizens wh o, in the opinion of the State Government, are not adequately
1 For Statement of Objects and Reasons (English), see Maharashtra Government Gazette, Extraordinary No. 47, Part V-A,
dated the 23rd July 2005, p. 424.
2 This Act was brought into force by G.N.S.J. and S.A.D., No. CBC -10/2009/CR-265/BCW-5, dated the 4 th August 2009,
w.e.f. 5th August 2009.
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represented in the services under the State Government and any local or other authority within the
State or under the control of the State Government;
(f) “member” means a member of the Commiss ion and includes the Chairperson and
Member-Secretary;
(g) “prescribed” means prescribed by rules made under this Act;
(h) “State Government” means the Government of Maharashtra;
(i) “State” means the State of Maharashtra.
CHAPTER II
THE MAHARASHTRA STATE COMMISSION FOR BACKWARD CLASSES
3. Constitution of State Commission for Backward Classes. — (1) The State Government
shall, by notification in the Official Gazette, constitute a body to be known as the Maharashtra State
Commission for Backward Classe s for the purposes of this Act, which will exercise the powers
conferred on and perform the functions assigned to it, under this Act.
(2) The Commission shall consist of the following members nominated by the State Government,
namely:—
(a) a Chairperson, who is or has been, a judge of the Supreme Court or of a High Court;
(b) a social scientist, with experience of empirical research;
(c) 1[eight members, at least one member each] from the six revenue divisions of the State,
who have special knowledge in the matters relating to other backward classes:
Provided that, from amongst the members there shall be not less than one female member
and one member each, belonging to the other backward class, Vimukta Jatis and Nomadic Tribes;
(d) a Member -Secretary, who is or has been an officer of the State Government not below
the rank of the Joint Director in the Social Justice Department:
Provided that, before nominating the Member-Secretary, the State Government shall consult
the Commission.
4. Terms of office and conditions of service of Chairperson and members. — (1) Every
member shall hold the office for a term of three years from the date he assumes the office.
(2) A member may, by writing under his or her hand addressed to the State Government, resign
from the office of the Chairperson or, as the case may be, of the member, at any time.
(3) The State Government shall remove a person from the office of the 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 the competent Court;
(d) refuses to act or becomes incapable of acting;
(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 the Chairperson or
member as to render that person’s continuance in the office detrimental to the interests of the
backward classes or the public interest, or is otherwise in the opinion o f the State Government
unfit or unsuitable to continue as such Chairperson or member:
1 These words were substituted for the words “six members, one member each” by Mah. 29 of 2017, s. 2.
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Provided that, no office-bearer shall be removed under this clause until that person has been
given a reasonable opportunity of being heard in the matter.
(4) A vacancy caused under sub-section (2) or (3) or otherwise, shall be filled in, as soon as may
be, by a fresh nomination by the State Government; and the person so nominated shall hold office for
the remainder of the term of office of the person in whose vacancy su ch person has been nominated,
would have held the office, if the vacancy had not occurred:
Provided that, if the vacancy of a member other than that of the Chairperson, occurs within six
months preceding the date on which the term of office of the member expires, the vacancy shall not be
filled in.
(5) The honorarium, if any, and allowances payable to, and the other terms and conditions of
holding of the office of, the Chairperson and the members shall be such as may be prescribed.
5. Officers and other employees of 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 under this Act.
(2) The salaries and allowances payable to, and the other terms and conditions of service of, the
officers and other employees appointed for the purpose of the Commission shall be such as the State
Government may, from time to time, determine.
6. Honorarium, salaries and allowances to be paid out of grants. — The honorarium and
allowances payable to the Chairperson and members, and the administrative expenses, including
salaries and allowances and other terminal benefits 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 Commissions. — No act or proceeding of
the Commission shall be invalid merely on the ground of existence of any vacancy or defect in the
constitution of the Commission or any defect in the nomination of a person acting as the Chairperson
or as a member, or any irregularity in the procedure of the Commission, not affecting the merits of the
case.
8. Procedure to be regulated by Com mission.— (1) The Commission shall meet as and when
necessary, at such time and place as the Chairperson decides.
(2) The Commission shall regulate its own procedure, and may, for this purpose, frame
regulations consistent with the provisions of this Act and rules made thereunder.
(3) All orders and decisions of the Commission shall be authenticated by the Member -Secretary
or any other officer of the Commission duly authorised by the Member-Secretary in this behalf.
CHAPTER III
FUNCTIONS AND POWERS OF COMMISSION
9. Functions of Commission.— (1) It shall be the function of the Commission,—
(a) to entertain and examine requests for inclusion of any class of citizens a s a backward
class in the Lists;
(b) to entertain, hear, enquire and examine complaints of over -inclusion or under -inclusion
of any backward class in such Lists and tender such advice to the State Government as it deems
appropriate;
(c) to take periodical review and make recommendations to the State Government regarding
the criteria and methodology of determining the backward class of citizens;
(d) to cause studies to be conducted on a regular basis through and in collaboration with
reputed academic and research bodies for building of data about the changing socio -economic
status of various classes of citizens;
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(e) to regularly review the socio-economic progress of the backward class of citizens; and
(f) to perform such other functions as may be prescribed.
(2) The advice given or recommendations made by the Commission under this section shall
ordinarily be binding on the State Government and the State Government shall record reasons in
writing, if, it totally or partially rejects the advice or recommendations or modifies it.
10. Powers of 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;
(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 State Government. — (1) The State Government may, at any
time, and shall, at the expiration of ten years from the appointed day and every succeeding period of
ten years thereafter, undertake revision of the Lists with a view to excluding from such Lists those
classes which have ceased to 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 State Government. — (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 from the
Consolidated Fund of the State, 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 deemed necessary 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. Acco unts and audit. — (1) The Commission shall maintain proper accounts and other
relevant records and prepare an Annual Statement of Accounts in such form as may be prescribed by
the State Government in consultation with the Accountant General.
(2) The accounts of the Commission shall be audited by the Accountant General at such 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.
(3) The Accountant General and any person appointed by him in connection with the audit of the
accounts of the Commission under this Act shall have the same rights and privileges, and authority in
connection with such audit as the Accountant General generally has in connection wi th the audit of
Government accounts and, in particular, shall have the right to demand the production of books,
accounts, connected vouchers and other documents and papers and to inspect any of the officers of the
Commission.
14. Annual report.— (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.
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(2) Wi thout prejudice to the provision of sub -section ( 1), the Commission may forward such
additional reports, in particular, about its recommendations regarding the Lists, as and when deemed
expedient.
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 advice
or recommendations tendered by the Commission under sections 9 and 11 and the reasons for the
non-acceptance, if any, of any such advice or recommendations, and the audit report, to be laid, as soon
as may be, after they are received, before each House of the State Legislature.
CHAPTER V
MISCELLANEOUS
16. Chairperson, members, officers and employees of Commission to be public s ervants.—
The Chairperson, members, officers and other 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).
17. Power to make rules. — (1) The State Government may, in consultation with the
Commission, 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) criterias and methodology for inclusion or exclusion of castes in or fro m the Lists of
backward classes;
(b) methodology and criterias for proposing revision of Lists of backward class of citizens;
(c) honorarium and allowances payable to and the other terms and conditions of service of,
the Chairperson and members under sub -section (5) of section 4 and the salaries and allowances
payable to and the other terms and conditions of service of, the officers and other e mployees
under sub-section (2) of section 5;
(d) the form in which the Annual Statement of Accounts shall be prepared under
sub-section (1) of section 13;
(e) the form in which and the time at which the Annual Report shall be prepared under
section 14;
(f) 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 the State Legislature, while it is in session for a total period of thirty da ys, which may be
comprised in one session or in two or more successive sessions, and if, before the expiry of the session
in which it is so laid or the session immediately following, both the Houses agree in making any
modification in the rule or both the Houses agree that the rule should not be made, and notify their
decision to that effect in the Official Gazette , the rule shall, from the date of publication of such
decision in the Official Gazette, have effect only in such modified form or be of no effec t, as the case
may be; so, however that, any such modification or annulment shall be without prejudice to the validity
of anything previously done or omitted to be 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 provision or
give such direction, not inconsistent with the provisions of this Act, as may 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 sub -section ( 1) shall, as soon as may be, after it is made, be laid
before each House of the State Legislature.