LexThe Telangana Commission for Backward Classes Act, 1993.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA COMMISSION FOR BACKWARD CLASSES
ACT, 1993.
(ACT NO. 20 OF 1993)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER - I
PRELIMINARY
1. Short title and extent.
2. Definitions.
CHAPTER - II
TELANGANA COMMISSION FOR BACKWARD
CLASSES
3. Constitution of the Telangana Backward Classes
Commission.
4. Term of office and conditions of service of 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. Periodic revision of list by the Government.
2 [Act No. 20 of 1993]
CHAPTER - IV
FINANCE, ACCOUNTS AND AUDIT
12. Grants by the Government.
13. Accounts and Audit.
14. Annual Report.
15. Annual Report and audit report to be laid before
Legislature.
CHAPTER - V
MISCELLANEOUS
16. Chairperson, Members and employees of the
Commission to be public servants.
17. Power to make rules.
18. Power to remove difficulties.
THE TELANGANA COMMISSION FOR BACKWARD
CLASSES ACT, 1993.1
ACT No.20 OF 1993.
CHAPTER – I
PRELIMINARY
1. (1) This Act may be called the 2Telangana Commission
for Backward Classes Act, 1993.
(2) It extends to the whole of the State of 2Telangana.
2. In this Act unless the context otherwise requires,-
(a) ―Backward Classes‖ for the purpose of this Act,
means such backward classes of citizens of 2Telangana
other than the Scheduled Castes and the Scheduled Tribes
as may be specified by the State Government in the lists;
(b) ―Commission‖ means the 2Telangana Commission
for Backward Classes constituted under section 3;
(c) ―Government‖ means the State Government of
2Telangana;
3[(d) ―lists‖ means lists prepared by the Government
from time to time for the purposes of making provision for
the reservation of admissions into ed ucational institutions
1. The Andhra Pradesh Commission for Backward Classes Act, 1993
received the assent of the President on the 3 rd December, 1993. The
said Act in force in the combined State, as on 02.06.2014, has been
adapted to the State of Telangana, under section 101 of the Andhra
Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the
Telangana Adaptation of La ws Order, 2016, issued in G.O.Ms.No.45,
Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
3. Substituted by Act No.36 of 2005.
Short title and
extent.
Definitions.
2 [Act No.20 of 1993]
and of appointments of posts in favour of the backward
classes of citizens which, in the opinion of the Government,
are not adequately represented in the services under the
Government and in any local authority or other authority in
the State;]
(e) ―member‖ means a member of the Commission
and includes the Chairperson;
(f) ―notification‖ means a ‗notification‘ published in the
4Telangana Gazette and the word 'notified' shall be
construed accordingly;
(g) ―prescribed‖ means prescribed by rules made
under this Act.
CHAPTER – II
TELANGANA COMMISSION FOR BACKWARD CLASSES
3. (1) The Government may constitute a body to be
known as the 4Telangana 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 Government:—
5[(a) a Chairperson who is or has been a Judge of
High Court or a Social Scientist or a person of eminence
who has worked for the welfare o f weaker sections of
society;]
(b) a Social Scientist;
4. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
5. Substituted by Act No.6 of 2017.
Constitution of the
4Telangana
Backward Classes
Commission.
[Act No.20 of 1993] 3
(c) two persons, who have special knowledge in
matters relating to backward classes; and
(d) a Member-Secretary who shall be an officer of the
Government in the rank of Secretary to the Government.
4. (1) Every Member shall hold office for a term of three
years from the date he assumed office:
6[Provided that the Government, may by notification,
and for reasons specified therein extend the term of office of
the member for a period not exceeding six months at a
time.]
(2) A Member may by writing under his hand
addressed to the Government resign from the office of
Chairperson or as the case may be of Member at any time.
(3) The Government may 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 with in the opinion of the Gove rnment involves
moral turpitude;
(c) becomes of unsound mind and stands s o
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 himself from three consecu tive
meetings of the Commission;
6. Added by Act No.2 of 2000.
Term of office and
conditions of
service of
Chairperson and
Members.
4 [Act No.20 of 1993]
(f) has in the opinion of the Government, so abused
the position of Chairperson or Memb er as to render that
person‘s continuance in office is detrimental to the interests
of the 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.
(4) A vacancy caused under sub -section (2) or
otherwise shall be filled in 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. (1) The Government may 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. 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. No act or proceeding of the Commission shall be
invalid on the ground merely of the existence of any
vacancy of defect in the constitution of the Commission.
Officers and other
employees of the
Commission.
Salaries and
Allowances to be
paid out of grants.
Vacancies etc.,
not to invalidate
proceedings of
the Commission.
[Act No.20 of 1993] 5
8. (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.
CHAPTER – III
FUNCTIONS AND POWERS OF THE COMMISSION
9. (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 list and tender such
advice to the Government as it deems appropriate.
(2) The Commission shall examine and make
recommendations on any other matter relating to the
backward classes that may be referred to it by the
Government from time to time.
7[(3) It shall be competent for the C ommission at the
request of the Government to make an interim report in
regard to any Castes or Classes in whose cases urgent
action under the Act is, in the opinion of the Government
necessary. Any action taken by the Government on the
basis of such repor t shall be subject to review with
prospective effect as and when the final report of the
Commission is received.]
7. Inserted by Act No.16 of 1995.
Procedure to be
regulated by the
Commission.
Functions of the
Commission.
6 [Act No.20 of 1993]
8[(4) The Commission shall enquire into specific
complaints with respect to the non -observance of the rule of
reservation in the admissions into educational institutions
and also reservation of appointments to posts/services
under the Government and other local authority or other
authority in the State, as applicable to the listed Backward
Classes and furnish its report to the Government.]
10. The Commission shall while performing its functions
under sub-section (1) of section 9, shall 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 State 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 examina tion of
witnesses and documents; and
(f) any other matter which may be prescribed.
11. (1) The 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 be backward
classes or for including in such lists new backward classes.
8. Inserted by Act No.2 of 1997.
Powers of the
Commission.
Periodic revision
of list by the
Government.
[Act No.20 of 1993] 7
(2) The Government shall while undertaking any
revision referred to in sub -section (1) consult the
Commission.
CHAPTER – IV
FINANCE, ACCOUNTS AND AUDIT
12. (1) The Government shall after due appropriation made
by the Legislature by law in this behalf pay to the
Commission by way of grants such sums of money as the
Government may think fit for being utilised for the purpose
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. (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
Government in consultation with the Accountant General,
9Telangana.
(2) The accounts of Commission shall be audited by
the Accountant General, 9Telangana 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, 9Telangana.
(3) The Accountant General, 9Telangana and any
person appointed by him in connection with the audit of the
accounts of the Commission under this Act, shall have the
same rights and privileges and the authority in connection
with such audit as the Accountant General, 9Telangana
9. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Grants by the
Government.
Accounts and
Audit.
8 [Act No.20 of 1993]
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 th e
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 report giving a full account of its activities during the
previous financial year and forward a copy thereof to the
Government.
15. The Government shall cause the annual report together
with a memorandum of action taken on the advice rendered
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 Legislature.
CHAPTER – V
MISCELLANEOUS
16. 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.
17. (1) The Government may, by notification in the Official
Gazette, make rules for carrying out all or any of 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,-
Annual Report.
Annual Report
and audit report to
be laid before
Legislature.
Chairperson,
Members and
employees of the
Commission to be
public servants.
Central Act 45 of 1860.
Power to make
rules.
[Act No.20 of 1993] 9
(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 maintained under sub -section (1) of
section 13;
(c) the form and the time of which the annual report
shall be prepared under section 14;
(d) any other matter which is required to be or may
be prescribed.
(3) Every rule made under this Act, shall immediately
after it is made be laid before the Legislature of the State, if it
is in session and if it is not in session, in the session
immediately fo llowing for a total period of fourteen days
which may be comprised in one session or in two
successive sessions, and if before the expiration of the
session in which it is so laid or the session immediately
following the Legislature agrees in making any mo dification
in the rule or in the annulment of the rule, the rule shall, from
the date on which the modification or annulment is notified
have effect only in such modified form or shall stand
annulled, as the case may be, so however, that any such
modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
18. (1) If any difficulty arises in giving effect to the
provisions of this Act, the Government may by order
published in the Official Gazette make provisions not
inconsistent with the provisions of the Act as appear to them
to be necessary or expedient for removing the difficulty.
Power to remove
difficulties.
10 [Act No.20 of 1993]
(2) Every order made under this section shall, as soon
as may be after it is made, be la id before the 10Telangana
Legislature.
* * *
10. Substituted by G.O.Ms.No.45, Law (F) Department, d ated
01.06.2016.