The Odisha State Commission for Backward Classes Act, 1993

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1Orissa Act 16 of 1993
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 INCIDENT AL
THERETO.
NOTIFICA TION
The 20th August 1993
No. 11200/Legis :– The following Act of the Orissa Legislative Assembly
having been assented to by the Governor on the 13th August 1993, is hereby
published for general information.
Be it enacted by the Legislature of the State Of Orissa in the Forty
fourth years of the Republic of India as follows:–
CHAPTER - I
PRELIMINARY
1. Shor t title, extent and commencement :– (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. Definitions :– 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;
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 1143 Dated. 20 August, 1993
1. Published in Orissa Gazette Extra Ordinary No. 1143, dt. 20.08.1993
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(c) "lists" means lists prepared by the Government of Orissa from
time to time for purposes of making provision for the reservation
of appointments or posts in favour of backward 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
the 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
3. Constitution of Commission for Backward Classes :– (1) The
State Government shall constitute a body to be known as the Orissa State
Commission for Backward Classes to exercise the powers conferred on, and
to perform the functions assigned to, it under this Act.
(2)  The Commission shall consist of the following Members nominated
by the State Government :–
(a) A Chairperson, who is or has been a judge of the High Court;
(b) a social scientist;
(c) two persons from backward classes, who have special knowledge
in matters relating to backward classes; and
"1[(d) a Member-Secretary, who is or has been an of ficer of the S tate
Government not below the rank of a Joint Secretary to the
Government of Orissa.]"
4. Term of office and conditions of service of the Chairperson and
Members :–  (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 S tate
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;
1. Substitued by Orissa Act, 18 of 1994, vide O.G. Exty. No. 1233, dt. 7.10.1994,
Notification No. 13817/Legis. dt. 7.10.1994.
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(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 of absence from the commission, absents
from three consecutive meetings of the Commission; or
(f) has, in the opinion of the State Government, so abused the position
of Chairperson or Member as to render that person's continuance
in office detrimental to the interests of backward classes or the
public interest:
Provided that no person shall be removed under clause (f) until
that person has been given an opportunity of being heard 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.
5. Officers and other employees of the 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.
(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.
6. Salaries and allowances to be paid out of grants :–  The salaries
and allowances payable to the Chairperson and Members and the administrative
expenses, including salaries, allowances and pensions 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 pr oceedings of the Commission
:– No act or proceeding of the Commission shall be invailed on the ground
merely of the existence of any vacancy or defect in the constitution of the
Commission.
8. Procedure to be regulated by the Commission :–  (1) The
Commission shall meet as and when necessary at such time and place as the
Chairperson may think fit.
(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.
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CHAPTER - III
FUNCTIONS AND POWERS OF THE COMMISSION
9. Functions of the Commission :– (1) The Commission shall examine
requests 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 State Government as it deems
appropriate.
(2) The advice of the Commission shall ordinarily be binding upon the
State Government.
10. Powers of the 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 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 examination of witness and documents;
and
(f) any other matter which may be prescribed.
11. Periodic r evision of lists by the S tate Government :– (1) The
State 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 with a view to excluding from such
lists those classes who have ceased to the 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 the S tate 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 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 it thinks fit for performing
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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. Accounts and Audit :–  (1) The Commission shall maintain proper
accounts and other relevant records and prepare an annual statements of
accounts in such form as may be prescribed by the State Government. 1[x x x]
2[(2) The accounts of the Commission shall be subject to audit under the
Orissa Local Fund Audit Act, 5 of 1948]
3[(3) x x x]
14. Annual report :–  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.
15. Annual r eport and audit r eport to be laid befor e the S tate
Legislature :–  The State Government shall cause the annual report, together
with a memorandum of action taken on the advice tendered by the Commission
under Section 9 and the reasons for the non-acceptance, if any , of any such
advice, and the audit report to be laid; as soon as may be, after they are received;
before the State Legislature.
CHAPTER - V
MISCELLANEOUS
16. Chairperson, Members and employees of the Commission to
be public servants :– The Chairperson, Members and employees of the
Commission shall be, deemed to be public servants within the meaning of Section
21 of the Indian Penal Code. (45 of 1860)
17. Powers to make rules :– (1) The S tate 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 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 of officers and other employees under
sub-section (2) of Section 5;
(b) the form in which the annual statement of accounts shall be
1. Omitted by Orissa Act, 18 of 1994.
2. Substituted by Orissa Act, 18 of 1994, vide O.G .E. No. 1233, dt. 7.10.1994
Notification No. 13817/Legis.– dt. 7.10.1994.
3. Deleted by ibid.
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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. 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 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.
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