The Nagaland Backward Tribes Commission Act, 2016

THE NAGALAND BACKWARD TRIBES COMMISSION ACT, 2016 
(NAGALAND ACT No.3 OF 2017) 
Received the assent of the Governor of Nagaland on 24.4.2017 and 
published in the Nagaland Gazette extraordinary dated 17th  May, 2017 
An 
Act 
An Act to establish a commission for Backward Tribes in the State of Nagaland. 
An Act to establish a Commission for Backward Tribes in the State of 
Nagaland to safeguard the rights of backward tribes of the State, with special 
focus on the six backward tribes (Chang, Khiamniungan, Konyak, Phom, Sangtam 
and Yimchungru) belonging to Longleang, Kiphere, Mon and Tuensang districts, 
and study and make recommendations on educational, employment 
Development and health aspects pertaining to them. 
	
1. 	 Short Title and Commencement: 
(1) This Act may be called the Nagaland for Backward Tribes 
Commission Act, 2016. 
(2) It shall extend to whole State of Nagaland. 
(3) It shall come into force with immediate effect. 
	
2. 	 Definitions: In this Ordinance, unless the context otherwise requires: 
(a) "Backward Tribe" means any of the backward tribes recognized as 
such by the State Government. 
(b) "Chairperson" means the Chairperson of the Nagaland Backward 
Tribes Commission. 
(c) "Commission" means the Nagaland Backward Tribes Commission. 
(d) "Government" means the State Government of Nagaland. 
(e) "Member" means the Member of the Commission. 
(f) "Secretary" means the Secretary of the Commission. 
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3. 	 Constitution of the Commission: 
(1) The State Government shall, by notification, constitute a body to be 
called the Nagaland Backward Tribes Commission. 
(2) The Commission shall consist of a Chairperson and two Members, 
out of which one shall be  woman. 
(3) The office of the Commission shall be at Kohima. 
	
4. 	 Appointment of Chairperson and Members: 
(1) The Chairperson and the Member of the Commission shall be 
appointed by the Governor on the recommendation of a Committee 
consisting of- 
(i) the Chief Secretary, who shall be the Chairperson of the Committee; 
(ii) Chairperson of the Commission; and 
(iii) a representative from the civil society to be nominated by the 
Governor. 
(2) 	 The Chairperson and Member of the Commission shall be persons of 
eminence in public life with wide knowledge and experience in 
administration and governance and having done substantial work 
for promoting welfare of the backward tribes. 
(3) The Chairperson and Member of the Commission shall not be a 
Member of Parliament or Member of the Nagaland Legislative 
Assembly, as the case may be, or hold any other office of profit or 
connected with any political party or carrying on any business or 
pursuing any profession. 
	
5. 	 Terms of Office and Conditions of Services: 
(1) 	 The Chairperson of the Commission shall hold office for a term of 
five years from the date on which he enters upon his office or till he 
attains the age of sixty five years, whichever is earlier and shall not 
be eligible for re-appointment. 
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(2) The Members of the Commission shall hold office for a term of five 
years from the date on which they enter upon office or till they 
attain the age of sixty two years, whichever is earlier and shall not be 
eligible for re-appointment. 
Provided that every Member shall, on vacating his office under this 
sub-section, be eligible for appointment as the Chairperson in the 
mannerspecified in sub-section (1) of Section 4. 
Provided, further that where the Member is appointed as the 
Chairperson, his term of office shall not be more than five years in 
aggregate as the Member and the Chairperson. 
(3) The Chairperson and Members of the Commission, shall before they 
enter upon office make and subscribe before the Governor or some 
other person appointed by him in that behalf, an oath or affirmation 
accordingto the form set out forthe purpose in the First Schedule. 
(4) The Chairperson and Members of the Commission, may, at anytime, 
by writing under their hand addressed to the Governor, resign from 
their office. 
Provided, that the Chairperson and members of the Commission 
may be removed in the manner specified underSection 8. 
(5) The Salaries and allowances payable to and other terms and 
conditions of service of- 
(a) the Chairperson of the Commission shall be the same as Chairman of 
Nagaland Public Service Commission; 
(b) the Members of the Commission shall be the same as Members of 
the Nagaland Public Service Commission. 
Provided that if the Chairperson and Members of the Commission, 
at the time of their appointment are in receipt of a pension, other 
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than a disability or wound pension in respect of any previous service 
under the Government of India or under the Government of A State, 
their salary in respect of the service as the Chairperson and 
Members of the Commission shall be reduced by the amount of that 
pension including any portion of pension which was commuted and 
pension equivalent of other forms of retirement benefits excluding 
pension equivalent of retirement gratuity. 
Provided further that where the Chairperson and Members of the 
Commission if, at the time of their appointment are, in receipt of 
retirement benefits in respect of any previous service rendered in a 
Corporation established by or under any Central Act or State Act or a 
Government company owned or controlled by the Central 
Government or the State Government, their salary in respect of the 
service as the Chairperson and Members of the Commission shall be 
reduced by the amount of pension equivalent to the retirement 
benefits. 
Provided also that the salaries, allowances and other conditions of 
service of the Chairperson and Members of the Commission, shall 
not be varied to their disadvantage after their appointment. 
6. 	 Procedure for transaction of business:  
(1) The Commission shall meet regularly at its office. 
(2) All decisions will be taken in the meetings of the Commission by 
majority. 
Provided that in case of equality of votes, the Chairperson, or in his 
absence the Member presiding shall have and exercise a second or 
casting vote. 
(3) The Commission shall observe such procedure in transaction of 
business in its meetings, including the quorum in such meetings, as 
may be prescribed bythe State Government. 
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(4) 	 All orders or decisions of the Commission shall be authenticated by 
the Secretary of the Commission. 
	
7. 	 Secretary and employees of the Commission: 
(1) The State Government shall provide the Chairperson and Members 
of the Commission with such officers and employees as may be 
necessary for the efficient performance of their functions under this 
Act. 
(2) The State Government shall appoint an officer not below the rank of 
Joint Secretary to Government of Nagaland as Secretary of the 
Commission and shall make available to the Commission such other 
officers and employees as may be necessary for efficient 
performance of its functions. 
(3) The Secretary shall be responsible for the proper administration of 
the affairs of the Commission and its day to day management and 
shall exercise and discharge such other powers and functions as may 
be prescribec by the State Government. 
(4) The salary and allowances payable to, and other terms and 
conditions of service of the Secretary, other officers and employees, 
appointed for the purpose of the Commission shall be as prescribed 
by the State Government. 
	
8. 	 Removal of Chairperson and Member:  
(1) The Chairperson and Member of the Commission shall be removed 
from his office only by order of the Governor on the ground of 
proven misbehavior or incapacity after the High Court, on a 
reference made to it by the Governor, has on inquiry reported that 
the Chairperson and Member of the Commission, as the case may 
be, ought on such ground be removed. 
(2) The Governor may suspend from office, and if deemed necessary 
also prohibit from attending office during inquiry, the Chairperson 
and the Members of the Commission in respect of whom a reference 
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has been made to the High Court under sub-section (1) until the 
Governor has passed orders on receipt of the report of the High 
Court on such reference. 
(3) Notwithstanding anything contained in sub-section (1), the 
Governor may by order remove from office the Chairperson and 
Member of the Commission if a Chairperson and Member of the 
Commission, as the case maybe,- 
(a) is adjudge and insolvent; or 
(b) has been convicted of an offence which, in the opinion of the 
Governor, involves moral turpitude; or 
(c) engages during his term of office in any paid employment outside 
the duties of his office, or 
(d) is, in the opinion of the Governor, unfit to continue in office by 
reason of infirmity of mind or body; or 
(e) has acquired such financial or other interest as it likely to affect 
prejudicially his functions as the Chairperson or Member of the 
Commission. 
9. 	 Powers and functions of the Commission: 
(1) 	 The functions and responsibilities of the Commission shall be: 
(a) to collect data related to implementation of the reservation policy 
for the Backward Tribes of Nagaland in the State Services with 
special focus on the 6(six) backwards tribes of Kiphire, Longleng, 
Mon and Tuensang districts (Chang, Khiamniungan, Konyak, Phom, 
Sangtam &Yimchungru). 
(b) to assess if there is any short fall in filling up the vacancies reserved 
for the Backward Tribes and make suitable recommendations to the 
State Government. 
(c) to collect data, study and make recommendations to the State 
Government pertaining to education, employment and health for 
the Backward Tribes of Nagaland. 
(d) to inquire into specific complaints of deprivation of benefits under 
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the reservations quota as prescribed and safeguards provided for 
the Backward Tribes of Nagaland under the Act or under any other 
law for the time being in force, or under any order of the State 
Government, and make recommendations to the State 
Government. 
(e) to review existing policies, programs, instructions and laws having 
bearing on education, employment and health of Backwards Tribes 
and make recommendations for their effectives implementation. 
(f) to discharge such other functions in relation to the protection, 
welfare and advancement of the Backward Tribes of Nagaland as the 
Nagaland Legislative Assembly may, subject to the provisions of any 
law made by Nagaland Legislative Assembly, by rule specify. 
(2) In the cour of discharging its functions and responsibilities, the 
Commission may: 
(a) Undertake studies to evaluate the planning process of education, 
employment and health schemes for, and its impact on, the 
Backward Tribes of Nagaland. 
(b) Entrust surveys or evaluation studies to any professional body or 
person considered suitable and competent to undertake such work 
and, for these purpose, may make any reasonable payment to such 
body or person towards the cost of the study by way of fee or grant. 
(c) Forward a copy of such study report to the Departments concerned, 
as the case may be, for their views. The comments or action taken on 
reports by Departments may also form part of the Annual Report of 
the Commission. 
(d) Seek information from State Government on issues pertaining to 
education, employment and health for the Backward Tribes of 
Nagaland. 
(3) The Commission, while enquiring into any matter pertaining to 
reservation as prescribed and safeguards provided for the Backward 
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Tribes of Nagaland under an Actor any other law for the time being in 
force, shall have 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 the Administrative 
Head of Department, Head of Department or any other Officer of the 
Department of the State Government and examining him under 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 
officers; 
(e) issuing summons for the examination of witnesses and documents; 
(f) any other matter which maybe prescribed. 
(4) Where the Commission, in the course of discharge of its functions 
and responsibilities, is of the opinion that an officers of the State 
Government, has without reasonable cause, refused to provide such 
information or documents within the period of 30 days, or such 
extended period upto 15 days as the Commission has allowed, it may 
impose a penalty upto two hundred and fifty rupees per day till the 
information is furnished, provided that the total amount of such 
penalty shall not exceed twentyfive thousand rupees. 
Provided that the officer concerned shall be given a reasonable 
opportunity of being heard before any penalty is imposed on him. 
(5) The general superintendence, direction and management of the 
affairs of the Commission shall vest in the Chairperson who shall be 
assisted by the Members an may exercise all such powers and do all 
such acts and things which may be exercised or done by the 
Chairperson autonomously without being subjected to directions by 
any other authority under this Act. 
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10. 	 Reports of the Commission:  
(1) The Commission shall, as soon as practicable after the end of each 
year, prepare and Annual Report on the work done by it including the 
recommendations made to the Government and forward copies of 
such report to the Government. 
(2) The Annual Reports of the Commission shall be laid in the Nagaland 
Legislative Assembly together with a memorandum explaining, as 
respects the cases, if any, where the advice of the Commission was 
not accepted, the reasons for such non-acceptance. 
	
11. 	 Rules:  
(1) The State Government may, by notification in the Official Gazette, 
make rules to carry out provisions of this Act. 
(2) Every rule made by the State Government under this Act shall be 
laid, as soon as may be after the rule is notified, before the State 
Legislature. 
	
12. 	 Applicability of rules, etc. of the State Government:  
(1) All rules, regulation and orders issued by the State Government and 
applicable in the Departments will also apply in the Commission. 
(2) The provisions relating to the delegation of financial powers in the 
Government of Nagaland shall apply to the corresponding officers in 
the Commission. 
	
13. 	 Removal of difficulty: 
(1) If any difficulty arises in giving effect to provisions of this Act, the 
State Government may, by order published in the Official Gazette, 
make such provisions not inconsistent with the provisions of this Act, 
as appear to it to be necessary or expedient for removal of 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, as soon as may be after it 
is made, be laid before the State Legislature. 
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