The Orissa State Commission for Backward Classes Act, 1993

56 
ORISSA Acr 16 OF 1993 
THE ORISSA STATE CDMMISSION FOR BACKWARD CLASSES ACT, 1993 
TABLE OF CONTENTS 
PREAMBLE 
SECTIONS 
CHAPTER 
PRELIMINARY 
1. Short title, extent and commencement 
2. Definitions 
CHAPTER II 
THE ORISSA STATE COMMISSION FOR BACKWARD CLASSES 
3. Constitution of Commission for backward classes 
4. Term of office and conditions of service of the Chairperson and Members 
5. Officers 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. Procedure to be regulated by the Commission 
CHAPTER III 
FUNCTIONS AND POWERS OF THE COMMISSION 
9. Functions of the Commission 
10. Powers of the Commission 
11. Peri)(lie 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 
15. Annual report and Audit report to be laid before the State Legislature 
CHAPTER V 
MISCELLANEOUS 
16. Chairperson, Members and Employees of the Commission to be public servants 
17. Powers to make rules 
18. Power to remove difficulties 
57 
ORISSA ACT 16 OF 1993 
THE ORISSA STATE COMMISSION FOR BACKWARD CLASSES ACT, 1993 
[ Received the assent of the Governor on the 13th August 1993, first published in an extraordinary issue of 
the Orissa Gazette, dated the 20th August 1993 j. 
AN ACT TO CONSTITUTE A STATE COMMISSION FOR BACKWARD CLASSES OTHER THAN 
THE SCHEDULED CASTES AND THE SCHEDULED TRIBES AND TO PROVIDE 
FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERST 0 
BE it enacted by the Legislature of the Stete of Orissa in the Forts-fourth Year of the 
Republic of India as follows:— 
Short title, extent and commence-ment. 
Definitions 
CHAPTER I 
PRELIMINARY 
1. (1) This Act may be called the Orissa State Commission for Backward Classes Act, 1993. 
(2) It extends to the whole of the State of Orissa. 
(3) It shall come into force at once. 
2. In this Act, unless the context otherwise requires, 
(a) "backward classes", for the purpose of this Act, means such backward classes of 
citizens other than the Scheduled Castes and Scheduled Tribes as may be specified 
by the State Government in the lists; 
(b) "Commission" means the Orissa State Commission for Backward Classes 
constituted under section 3; 
(c) "lists" means lists prepared by the Government of Orissa from time to time for 
purposes of making provision for the reservation of appointment; or posts in favour 
of baetward classes of citizens which, in the opinion of that Government, are not 
adequately represented in the services under the Government of Orissa and any 
local or other authority within the territory of Orissa or under control of the 
Government of Orissa; 
(d) "Member" means a Member of the Commission and includes the Chairperson; 
(e) '-prescribed-  means prescribed by rules made under this Act. 
CHAPTER II 
THE ORISSA STATE COMMISSION FOR BACKWARD CLASSES 
constitution 	 3. (1) The State Government shall constitute a body to be known as the Orissa State 
of Commi- Commission for Backward Classes to exercise the powers conferred on, and to perform the 
salon for 	 functions assigned to it under this Act. 
Backward Classes. 
(a) a Chairperson, who is or has been a Judge of the High Court; 
(b) a social scientist: 
(e) two persons from backward classes, who have special knowledge in matters relating 
to backward classes; and 
(d) a Member-Secretary, who is or has been an officer of the State Government in the 
rank of a Secretary to the Government of Orissa. 
[ *For the Bill, See Orissa Gazette, Extraordinary, dated the 19th July 1993 (No. 952)1 
(2) The Commission shall consist of the following Members nominated by the State 
Government: — 
58 
Term of 
office and 
c ondit ions 
of service 
of the 
Chairperson 
and 
Members. 
4. (1) Every Member shall hold office for a term of three years from the date he -assumes office. 
(2) A Member may, by writing under his hand addressed to the State Government, resign 
from the office of Chairperson or, as the case may be, of Member at any time. 
(3) The State Government shall remove a person from the office of Member if that 
person— 
(a) becomes an undischarged insolvent; 
(b) is convicted and sentenced to imprisonment for an offence involving 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 cf absence from the Commission, absent from three 
consecutive meetings of the Commission; or 
(j) has, in the opinion of the State Government, so abused the position of Chairperson 
or M ember as to render that person's continuance in office detrimental to the interests 
of backward classes or the public interest: 
Proxided that no person shall be removed under clause (f) unt that person has been given 
an apportuni ty cf beingheard 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 conditions of service 
of the Chairperson and Members shall be such as may be prescribed. 
Officers and 	 5. (1) The State Government shall provide the Commission with such officers and emplo- 
other e
th
0-
e 
yees as may be necessary for the efficient performance of the functions of the Commission_ 
yees of 
 
Commission. 
(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 may be prescribed. 
salaries and 6. The salaries and allowances payable to the Chairperson and Members and the admi-
allowances to nistrative expenses, including salaries, allowances and pensions payable to the officers and 
be 	 paid other  employees referred to in section 5, shall be paid cut of the grants referred to in sub- out ofgrants. section (1) of section 12. 
Vacancies, 	 7. No act or proceeding of the Commission shall be invalid on the ground merely of 
etc. not to the existence of any vacancy or defect in the constitution of the Commission. invalidate proceedings 
of the 
Commission. 
Procedure to 	 8. (1) The Commission shall meet as and when necessary at such time and place as be egula - the Chairperson may think fit. ted by the 
Commission. 
(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 duly authorised by the Member Secretary 
in this behalf. 
9 
CHAPTER III 
FUNCTIONS AND POWERS OF THE COMMISSION 
Functions of 	 9. (1) The Commission shall examine requests of inclusion of any class of citizens as a the commi- backward class in the lists and hear complaints of over-inclusion or under-inclusion of any ssion. 	 backward class in such lists and tender such advice to the State Government as it deems appropriate. 
(2) The advice of the Commission shall ordinarily be binding upon the State Government. 
10. 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 India 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 examinati -m of witness and documents; and 
(f) any other matter which may be prescribed. Periodic 
cession. of 	 11. (1) The State Government may at any time, and shall, at the expiration of ten years from 
lists of the the coming into force of this Act and every succeeding period of ten years thereafter, undertake State 	 revision of the lists with a view to excluding from such lists those classes, who have ceased to be 
Government• backward classes or for including in such lists of 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 
Grants by 	 12. (1) The State Government shall, after due appropriation made by the State Legislature the State Government. 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 utiked for the purposes of this Act. 
(2) The Commission may spend such sum; as as it thinks fit for performing the functions 
under this Aet, and such sums shall be treated as expenditure, payable out of the grants referred 
to in sub-section (1). 
13. (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, Orissa. 
(2) The accounts of the Commission shall be audited by the Accountant-General, Orissa 
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, Orissa. 
(3) The Accountant-Generil, Orissa and any person appointed by him in connection 
with the audit of the accounts of the Commission under this Act shall have the same right and 
privileges and the authority in connection with such audit as the Accountant-General, Orissa, 
generally has in connection with 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 offices of the Commission. 
14. The Commission shall prepare, in such form and at such time, for each financial year, as 
may be prescribed, its annual repots giving a full account of its activities during the previous 
financial year and foward a copy thereof to the State Government. 
Anual report and audit 	 15. The State Government shall cause the annual report, together with a memorandum 
report to be of action taken on the advice tendered by the Commission under section 9 and the reasons for 
laid before the non-acceptance, if any, of any such advice, and the audit report to 	 as 
the. Sta te 	 after they are received; before the State Legislature. lag' 
Powers of 
the Commi-ssion. 
Accounts 
and audit. 
Annual 
report• 
60 
CHAPTER V 
MISCELLANEOUS 
16. The Chairperson, Members and emloyees of the Commission shall be 45 of MO. 
Chairperson, 
Members and deemed to be public servants within the meaning of section 21 of the Indian Penal 
employees of Code. 
the COMMi- 
331011 to be 
public 
servants. 
17. (1) The State Government may, by notification, 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 an 1 allowances payable to, and the other terms and conditions of 
4 service of the Chairperson and Mebmers under sub-section (5) of Section  
and of officers and other employees under sub-section (2) of Section 5; 
(b) the form in which the annual statement of accounts shall be maintained under 
sub-section (1) 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. 
18. (1) If any difficulty arises in giving effect to the provisions of this Act, the State 
Government may, by order published in the Gazette, make provisions not inconsistent 
with the provisions of this Act as appear to it to be necessary or expedient, for 
removing the difficulty. 
(2) Every order made under this section shall, as soon as may be, after it is 
made, be laid before the State Legislature. 
Powers to 
make rules. 
P ower to 
r emove 
d itficulties. 
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