The SIKKIM COMMISSION FOR BACKWARD CLASSES ACT,1983

SIKKIM
GOVERNMEN1' GAZETTE
EXTRAORDINARY
PUBLISHED BY AlJrHORrTY
-------------------.~.------Gangtok, Monday 18th October, 1993. No. 142
,------------.--~--------------~--;..----
No.8/LD/1993.
GOVERNMENT OF S[KKIM
LAW DEPARTMENT
GANGTOK
Dated Gangtok the 18th October, 1993.
NOTIFICATION
The following Act of the Sikkim Legislative Assembly having received the assent of
the Governor on 11th day of October, 1993 is hereby published for general information :--
THE SIKKIM COMMISSION FOR BACKWARD CLASSES ACT, 1993
ACT NO.8 OF 1993
short title, ex-
tent Qnd CODl-
mencement,
DifjnitiQn.9.
AN
ACT.
to constitute a State Commission for Backward Classes other 1h<n the Scheduled Castes
and the Scheduled Tribes in Si1.kim and '10 provide. for matte-rs ccnne cted rher ewit h or
incidental thereto.
BE it enacted by the Legislatme of Sikkirn in the Forty,folilth Year of the Rej.ublic
cf India as Iollcws :-
CHAPTER
PHELlMJNARY
I. (J) This Act may be called the Sikkim Commission fer Backwsriii Classc :
Act, 1993.
(2) It extends to the whole of Sikkim,
(3) It shall come into force at once.
2. In this Act, unless tht. context otherwise requiTes
. (a) "Backward classes", for the purpose of this Act means such backward
classes of citizens other than the Scheduled Castes and the Scheduled Tribes as
may be specified by the State Government in 1he lists ;
(b) "Commission" means the Sikkim Commission for Backward Classes COLf-
tltuted under Section 3;
(c) "Lists" means lists prepared by the Government of Sikkim from time
to time for purposes of maki.ng provision fer the reservation of appoin1ments Or p(j~ts in
favour of backw~rd classes of citizens" hich, in the opinion of that Government, are nut
2dequatelyrepresented ;
(d) "Members" mear.s a Member of the Commission ar d includes t he Chair,
person ;
(e) "prescribed" means prescribed byIII les made under this Act.

Constitution if 3·
the SiHim Com-
mission Jor Back-
ward Classes,
Terw oj Office 4.
and conditions
oj service cf
Chairpnson and
Members,
Officers and
other employees
oj the Commi-
ssion.
Salaries and oJ-
[aw ances to be
paid out o{
aronts.
')l acancies etc.
not to invalidate
2
CHAPTER - II
THE SIKKIM COMMISSION FOR BACKWARD CLASSES
(1) The State Government shall by Notification in the Official Gazette, constitute
a body to be known as the. Sikkim Commission for Backward Classes to
exercise •.he powers conferred on, and to perform the functions assigned to it
under this Act.
(2) The Commission shall consist of net more than nine members to be nomi-
nated by the State Government.
(3) The State Government while constituting the Commission shall give due
ccnsideratlon to persons having knowledge vf Social Sciences and matters relating to back-
ward classes.
(4) The State Government shall appcint a person who is or has been a Jl1dge
of a High Court to he the Chairperson of the Commission.
(5) A person who is or has been an Officer of the State Government in the rank
of a Secretary to the Government of Sikkim shall be the Member Secretary of the Com-
mission.
(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 Gover-
nment, resign from the office of Chairperson or, as the Case may be, of Member at IIny
time.
(3) The State Government shall remove a penon 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
cf the State Government, involves moral turpitude;
becomes of unsound milild and stands so declared by a.c(,mpetent court
refuses to act or becomes incapable of acting ;
is, without obtaining leave of absence from the Commission, absent from three
ccnsecutive meetings of the Commission ; or
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 in-
terests of baekwa I'd classes or the public interest :
(f)
Provided that no persson shall be removed under this Clause until the peuon has
been given an opportunity of being heard in the matter.
(4) A vacancy caused under sub-section (2) or otherwise shall be tilled up by
fresh nomination.
(5) The salaries and allowances payable to, and the other terms and <onditi(;l'.t'!
of service of, the Chairperson and Members shall be such as may be prercribed.
5. (d The State Covernment shall providethe Ccmmissicnwith such officersand
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. The salaries and allowances payable to the Chairperscr- and Members and the adminis-
trative expenses, including salaries, allowances and pensions payable to rhe officers and
other employees referred to in section S, shall be paid out of the grants referred
to in sub-section (I) of section 12.
7. No act or proceedings of the Ccmmission shall be invalid on the ground merely of the
existence of any vacancy or defect in the constitution of the Commission,

Amendment of
Section 50
3 In the said Act, in Section 50, after sub-section (4), the following
proviso shall be inserted, namely:-
"Provided that from the total number of seats reserved in the
Zilla Panchayat for the Tribal Community in Sikkim, the seats for
the Bhutia-Lepcha Community who belong to Tribal Community
shall be proportionate to their population:
Provided further that the seats so reserved for the Bhutia-
Lepcha Community shall not be less than minimum of 20% of the
seats for the Tribal Community".
Jagat 8. Rai (SSJS)
L.R-cum-Secretary
Law Department
S.G.P.G. - 321/ Com. 2/Gazette /100 Nos.! Of:- 14.06.2018.

•rocedut«to be . g.
reau[ate<fbJ
tbe Com~issltm.
Function ifthe
Commission.
Powers tif tlle
CCfll1mi$Sion.
Periodic revision
tif lists by r.he
State Govern-
ment.
Grants by the
State Govern:
ment.
Account,~ and
.A«dtt,
3
(r ) The Commission shall meet as.and when necessary at such time and place as th~ ,
Chairperson may thir.k fit.
(1) The Commission shall regulate its own procedure.
. (3) All orders and decisions of the Commission shallbe auther.t icatcd by the Mem-·
bel' Secretary or any other officer of the Commission duly authorised by the Meml.er Secre: "r)'
in this behalf.
CHAPTER III
FUNCTIONS AND POWERS OF THE COMMISSION
9. (\) The Commission shall examine re(luests for inclusion of ~ny class of citizens
as a backward class in the lists and hear cornplr int s of r.vcr-ir.clus ion or under-mclusion
of any backward class in such lists and tender such advice' to the Stale Government as \
it deems appropriate.
(2) The advice of the Commission sh<lll 0rdinarily be' binding uFon the State.,
Government.
J o. The Commission shall, while performng its Iunctions under sub-section (I) of section 9,.
have all the powers of a civil court trying a suit ,llld in part tcular , in l'('~peciof tJo.'efolfci"ing ..
rr.atters, namely r-
(a) summoning and enforcing the attendance d any per scn from any pat cf Jf\dia
and ex'amirdng him on cath ;
(b) requiring the discovery and production of any document,
(d receiving evidence en affidavits;
(d) requisitioning any public record or copy thereof from any Court or offic(';
(e) issuing commissions for (he exarnir ation of wi tr.esse s and documents , 4lnd
([) any other matter which is required to be or may be, pJ"{'t'cribed,
J I. (1) The State Government may at any tjJnt;, and shall, at lhe expira tjGn of ten
years from comjng into force of this Act and e\er} mcceeding period of ten ye"rs there-
after, undertake revision ol the lists with a view to excluding [rc m such lists those classes
who have ceased to be back ward classes or Cor including in meh lists l1(W backward classes.
(2) The State Government shall, while lmdert~l<;ng arl), revision referred to in
sub-section (I), consult the Ccrnmission.
CHAPTER IV
fINANCE, ACCOUNTS AND AUDIT
12. (I) The Sta~e Government 51-1311,alter due appropriauon made by State Leg;s-
lature, by law in this bch;:lf, pay 10 the Ccmmissk,n by way cf gnnts such sums of money
as the State Government may think fit for being utili sed for the purposes of this Act.·
(2) The Commission may spend such sums as jt thinlcs fit for performing' the func-
tions under this Act, and such sums shall be treated ~I\ expenditure payable out of th~,
grants referred (0 .In sub-sect! on (1),
J 3. (I) The Commission shall maintain proper aCW\'1f11s and other relevant records
and prepare an annual statement of accounts in met form as maJ be prescribed by the State
Government in con~ultation with the Accountant General, Sikkim ,
(2) The acccunts of the Commission shall be audited by the Accountant General,
Sikkim, at such intervals as mayhe specified by him and any expenditure inctlrred in con-
nection with such audit shall he payable hy the Commission to the Accountant General,
Sikkim.
(3) The Accountant Ceneral, Sikkim, and ,',11)'penGl1 appointed by him in connection
with the audit of the accounts of the Commission LInder this Act shall have the
same rights and privileges and the aurhoritv in connection with such audit as the Accoun-
tant General, Sikkim, generally has in connection with the audit of Government accounts
and in particular, shall havethe right to demand the production of books, accounts, connec-
~pJ vouchers and other documents and papers and to inspect any of the offices of the

SIKKIM
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Gangtok, Monday, 12th November, 2001 No. 412
GOVERNMENT OF SIKKIM
LAW DEPARTMENT
GANGTOK
No.10 ILD/2001. Dated: 12.11.2001.
NOTIFICATION
The following Act of the Sikkim Legislative Assembly having received the assent of the
Governor on 6th day of November, 2001 is hereby published for general information :-
THE SIKKIM COMMISSION FOR BACKWARD CLASSES (AMENDMENT)ACT,2001
ACT NO.1 0 OF 2001
AN
ACT
to amend the Sikkim Commission for Backward Classes Act, 1993.
1. Be it enacted by the Legislature of Sikkim in the Fifty-Second Year of Republic of India as
follows:·
Shott title,
extent and
commencement ..
(1) This Act may be called the Sikkim Commission for Backward Classes
(Amendment) Act, 2001!
It extends to the whole of Sikkim.(2)
Amendment of
section 3
(3) It shall come into force at once.
2. In the Sikkim Commission lor Backward Classes Act. 1993. in section
3, for sub-section 4, the following shall be substituted. namely:-
"(4) The State Government shall appoint a person who is a socia-political
worker of eminence, ability .. integrity and standing and who inspires confi-
dence amongst the other backward classes as the Chairperson of the Commis-
sion".
By Order.
T. D. Rlnzlng,
Secretary to the Govt, of Sikkim,
Law Depanment.
F.No. 16(82)LD/2001
Printed at Sil<l<imGovernment Press, Gangtok.
THE SUBSEQUENT AMENDMENTS TO THE SIKKIM COMMISSION FOR BACKWARD CLASSES ACT, 1993  (ACT NO. 8 OF 1993) AMENDED AND
UPDATED UPTO NOVEMBER, 2001                                                                

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