LexThe Rajasthan State Commission for Backward Classes Act, 2017
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(Authorised English Translation)
Bill No. 5 of 2017
THE RAJASTHAN STATE COMMISSION FOR BACKWARD
CLASSES BILL, 2017
(To be Introduced in the Rajasthan Legislative Assembly)
A
Bill
to constitute the Rajasthan State Commission for Backward
Classes other than the Scheduled Castes and the Scheduled Tribes
and to provide for matters connected therewith or incidental
thereto.
Be it enacted by the Rajasthan State Legislature in the
Sixty-eighth Year of the Republic of India, as follows:-
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act
may be called the Rajasthan Sta te Commission for Backward
Classes Act, 2017.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force at once.
2. Definitions .- In this Act, unless the context otherwise
requires,-
(a) “backward classes” means all categories of
backward classes of citizens, other than the
Scheduled Castes and Scheduled Tribes, as may be
declared by or under respective law for the time
being in force making provision for the reservation
of appointments or posts in services under the State
and of seats in educational institutions in the State
in favour of the respective category of backward
classes of citizens in the State;
(b) “Commission” means the Rajasthan State
Commission for Backward Classes constituted
under section 3;
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(c) “Member” means a Member of the Commission
and includes the Chairperson;
(d) “prescribed” means prescribed by rules made under
this Act;
(e) “Scheduled Castes” means any of the castes
specified in the Constitution (Scheduled Castes)
Order, 1950 as amended from time to time;
(f) “Scheduled Tribes” means any of the tribes
specified in the Constitution (Scheduled Tribes)
Order, 1950 as amended from time to time;
(g) “services under the State” shall have the same
meaning as assigned to it in clause (g) of section 2
of the R ajasthan Scheduled Castes, Scheduled
Tribes, Backward Classes, Special Backward
Classes and Economically Backward Classes
(Reservation of Seats in Educational Institutions in
the State and of Appointments and Posts in
Services under the State) Act, 2008 (A ct No. 12 of
2009).
CHAPTER II
The Rajasthan State Commission for Backward Classes
3. Constitution of the Rajasthan State Commission for
Backward Classes.- (1) The State Government shall constitute
a body to be known as the Rajasthan State Commiss ion 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 to be nominated by the State Government, namely:-
(a) a Chairperson, who is or has been a Judge of a
High Court;
(b) a social scientist;
(c) two persons, 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 not be low the
rank of Joint Secretary to the Government of
Rajasthan or is or has been a District Judge:
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Provided that the Chairperson, Member -Secretary and
Members of the Rajasthan State Commission for Backward
Classes constituted by the Rajasthan Governmen t order number
F. 11(150)R&P/RRBC/2007/39035 Jaipur, dated 16 th July, 2007,
who were working immediately before the commencement of this
Act shall be deemed to have been nominated as the Chairperson,
Member-Secretary and Members, as the case may be, of t he
Commission constituted under this Act with effect from the date
of constitution of the Commission under this Act.
4. Term of office and conditions of service of the
Chairperson and Members. - (1) A Member shall hold office for a
period of three years or until the pleasure of the State
Government, whichever is earlier.
(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 Govern ment 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 which, in the opinion of the State
Government, involves 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 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 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 this clause until that person has been given
an opportunity of being heard in the matter.
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(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 m ay
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
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 the
Commission.- No act or proceedings of the Commission shall be
invalid on the ground merely of the existe nce 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 authorized by the Member -Secretary in this
behalf.
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 in
the category of respective backward class as per terms of reference
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specified by the State Gov ernment and hear complaints of over -
inclusion or under-inclusion in any category of backward class and
make recommendations thereon to the State Government.
(2) The recommendations of the Commission under sub -
section (1) shall ordinarily be binding but t he State Government
may, for the reasons to be recorded in writing, reject the
recommendations or refer them back to the Commission to carry
out further study to support its recommendations.
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 the St ate 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 by the State Government .- (1) The
State Government may undertake a periodic revision of the
categories of backward classes with a view to excluding therefrom
those classes who have ceased to be backward classes or for
including therein 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 State Government .– (1) The State
Government shall, after due appropriation m ade by the State
Legislature by law in this behalf, pay to the Commission by way
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of grants such sums of money as the State Government may
think fit for being utilized for the purposes of this Act.
(2) The Commission may spend such sums as it thinks
fit 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. Accounts 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, Rajasthan.
(2) The accounts of the Commission shall be audited by
such authority or body as may be prescribed by the State
Government and the expenditure incurred in connection with
such audit shall be payable out of t he grant provided to the
Commission.
(3) The Authority or body prescribed under sub -section (2)
shall have the same rights and privileges and the authority in
connection with such audit as the Accountant General, Rajasthan
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. Annual report .- The Commission shall pre pare, 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 report and audit report to be laid before the
State Legislature.- The State Government shall cause the annual
report, together with a memorandum of action taken on the
recommendations of the Commission under section 9 and the
reasons for the non -acceptance, if any, of any such
recommendation, and the audit report to be laid as soon as may be
after they are received before the House of the State Legislature.
CHAPTER V
Miscellaneous
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16. Chairperson, Members and employees of the
Commission to be Public servants .- The Chairperson, Members
and employees of t he Commission shall be deemed to be public
servants within the meaning of section 21 of the Indian Penal
Code, 1860 (Central Act No. 45 of 1860).
17. Power to make rules .- (1) The State Government may,
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) 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
the officers and other employees under sub -section
(2) of section 5;
(b) the form in which the ann ual statement of accounts
shall be prepared, and the authority or body which
shall audit the accounts, under 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.
(3) All rules made under this Act shall be laid, as soon as
may be after they are so made, before the House of the State
Legislature, while it is in session, for a period of not less than
fourteen days, which may comprise in one session or in two
successive sessions and if before the expiry of the session in which
they are so laid, or of the session immediately following, the
House of the State Legislature makes any modification in any of
such rules or res olves that any such rule should not be made,
such rule shall thereafter have effect only in such modified form
or be of no effect, as the case may be, so however, that
any such modification or annulment shall be without prejudice to
the validity of anything previously done thereunder.
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18. Power to remove difficulties. - (1) If any difficulty
arises in giving effect to the provisions of this Act, the State
Government may, by an order published in the Official Gazette,
do anything not inconsistent with the provisions of this Act, which
appears to it to be necessary or expedient for removing the
difficulty:
Provided that no order under this section shall be made
after the expiry of two years from the date of the commencement
of this Act.
(2) Every order made under this section shall be laid, as
soon as may be, after it is so made, before the House of the State
Legislature.
19. Repeal and savings. - (1) The Rajasthan State
Commission for Backward Classes Ordinance, 2016 (Ordinance
No. 3 of 2016) is hereby repealed.
(2) Notwithstanding such repeal, all things done, actions
taken or orders made under the said Ordinance shall be deemed to
have been done, taken or made under this Act.
__________
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STATEMENT OF OBJECTS AND REASONS
In pursu ance of the directions of the Hon’ble the Supreme
Court of India in Indra Sawhney & Others V/S Union of India &
Others (1992, Suppl. (3) SCC217) the Rajasthan State Commission
for Backward Classes was constituted by the Rajas than Government
order number F. 11(150)R&P/RRBC/2007/39035 Jaipur, dated 16 th
July, 2007.
In D.B.Civil Writ Petition No. 6046/1999, Ratan Lal Bagri &
Others V/S State of Rajasthan & Others, Hon’ble the Rajasthan High
Court has directed the State Government to appoint a permanent
Commission for Backward Classes by enacting a suitable legislation.
In order to implement the above direction of the Hon’ble the
Rajasthan High Court and to provide statutory status to the Rajasthan
State Commission for Backward Classes, the State Government h as
decided to bring a legislation for constitution of State Commission for
Backward Classes which will work as a permanent mechanism to
advise the State Government for inclusion and complaints of over -
inclusion or under- inclusion of any category of Backward Classes.
Since the Rajasthan Legislative Assembly was not in session
and circumstances existed which rendered it necessary for the
Governor of Rajasthan to take immediate action, he, therefore,
promulgated the Rajasthan State Commission for Backward Classes
Ordinance, 2016 (Ordinance No. 3 of 2016) on 21 st October, 2016,
which was published in Rajasthan Gazette, Part IV(B), Extraordinary,
dated 21st October, 2016.
The Bill seeks to replace the aforesaid Ordinance.
Hence the Bill.
अरुण ितुवदेशद ,
Minister Incharge.
संिवधान के अनु् डेद 207 के तण् ड (3) के अधनन ें ेाें िेें रा यछाि
ें ेगदय की भस ािरै ।
(प्रततभििछ सं या छ. 2(1) िवचध 2 2017 जयछुर, िदनांक 15 रवर , 2017
प्रेंक अरुण ितुवदेशद , प्रिार ें ंरन, प्रेिंतत सचिव, राजस् थान िवधान
सिा, जयछुर)
िारत के संिवधान के अनु् डेद 207 के तण् ड (3) के प्रसंर्ग ें , ें ैं,
राजस् थान रा य िछड़े ा वर्गष ययगर्ग िवधेयक, 2017 कग राजस् थान
िवधान सिा ें िविाराथष भिये जाने की भस ािरै करता ेूं ।
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FINANCIAL MEMORANDUM
Clauses 4, 5 and 12 of the Bill, if enacted, shall involve
expenditure from the consolidated fund of the State which is
estimated to be Rupees 00.00 lacs (Rupees zero lacs) for non -
recurring and Rupees 133.00 lacs (Rupees One Hundred Thirty
Three lacs) for recurring as per Budget Provisio n for Financial
Year 2016-17.
अरुण ितुवदेशद ,
Minister Incharge.
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MEMORANDUM REGARDING DELEGATED
LEGISLATION
The following clauses of the Bill, if enacted, shall empower
the State Government to make rules with respect to the matter
enumerated against each of such clauses:-
Clauses With respect to
4(5) prescribing the salaries and allowances payable to,
and the other terms and conditions of service of,
the Chairperson and Members;
5(2) prescribing 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;
10(f) prescribing any other matter in wh ich the
Commission shall have the powers of a civil court;
13 (1) prescribing the form in which the Commission
shall maintain proper accounts, other relevant
records and prepare an annual statement of
accounts;
13 (2) prescribing the authority or body by which the
accounts of the Commission shall be audited;
14 prescribing the form in which and the time at
which the Commission shall prepare, its annual
report; and
17 generally for carrying out the provisions of this
Act.
The proposed delegation is of normal character and
generally relates to the matters of detail.
अरुण ितुवदेशद ,
Minister Incharge.