The West Bengal Commission For Backward Classes Act, 1993

GOVERNMENT OF WEST.BENGAL 
LAW DEPARTMENT 
Legislative 
West Bengal Act I of 1993 
THE WEST BENGAL COMMISSION FOR 
BACKWARD CLASSES ACT, 1993. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, 
Extraordinary, of the 15th March, 1993.] 
[15th March, 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 incidental thereto. 
WHEREAS it is expedient 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 thereto; 
It is hereby enacted in the Forty-fourth Year of the Republic of India, 
by the Legislature of West Bengal, as follows:— 
CHAPTER I 
Preliminary 
1. (1) This Act may be called the West Bengal Commission for 
Backward Classes Act, 1993. 
(2) It extends to the whole of West Bengal. 
(3) It shall come into force at once. 
Short title, 
extent and 
commence-
ment. 
2. In this Act unless the context otherwise requires,— 	 Definitions. 
(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 the lists; 
(b) "Commission" means the West Bengal Commission for 
Backward Classes constituted under section 3; 
The West Bengal Commission for Backward Classes Act1993.,  
[West Ben. Act 
(Chapter 11.—The West Bengal Commission for Backward 
Classes.—Sections 3, 4.) 
(c) "lists" means lists prepared by the Government of West 
Bengal 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 West Bengal and any local or other 
authority within the territory of West Bengal or under the 
control of the Government of West Bengal; 
(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 West Bengal Commission for Backward Classes 
Constitution 
of the 
Commission 
for 
Backward 
Classes. 
Term of 
office and 
conditions of 
service of 
Chairperson 
and 
Members. 
3. (I) The State Government shall constitute a body to be known 
as the West Bengal 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, 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 
West Bengal. 
4. (I) 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 
which, in the opinion of the State Government, involves moral 
turpitude; 
2 
The West Bengal Commission for Backward Classes Act, 1993. 
1 of 1883d 
(Chapter II.—The West Bengal Commission for Backward 
Classes.—Sections 5-8.) 
(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 
(1) 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. 
(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 he prescribed. 
5. (1) The State Government shall provide the Commission with 
such officers and employees as may he 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 or defect in the constitution 
of the Commission. 
8. ( I ) 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. 
Officers and 
other 
employees 
of the 
Commis-
sion. 
Salaries and 
allowances 
to be paid 
out of 
grants. 
Vacancies, 
etc. not to 
invalidate 
proceedings 
of the 
Commis-
sion. 
Procedure to 
be regulated 
by the 
Commis-
sion. 
3 
The West iBengal Commission for Backward Classes Act, 1993. 
[West Ben. Act 
(Chapter la—Functions and Powers of the Commission.— 
Sections 9-11,—Chapter 11K—Finance, Accounts 
and Audit—Sections 12.) 
CHAPTER III 
Functions and Powers of the Commission 
Functions of 
the 
Commis-
sion. 
Powers of 
the Commis-
sion. 
Periodic 
revision of 
lists by the 
Central 
Government 
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 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 examination of witness and 
documents; and 
(f) any other matter which may be prescribed. 
11. (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 be backward classes or for including in such lists new backward 
classes. 
(2) The State Goverment shall, while undertaking any revision referred 
to in sub-section (1), consult the Commission. 
CHAPTER IV 
Finance, Accounts and Audit 
Grants by 
the State Government. 
12. (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. 
4 
The West Bengal Commission for Backward Classes Act, 1993. 
I of 1993.] 
(Chapter IV—Finance, Accounts and Audit—Sections 13-15.—
Chapter V.—Miscellaneous.---Sections 16, 17.) 
(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 Accounts 
relevant records and prepare an annual statement of accounts in such and Audit. 
form as may be prescribed by the State Government in consultation with 
the Accountant-General, West Bengal. 
(2) The accounts of the Commission shall be audited by the 
Accountant-General, West Bengal, 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, West Bengal. 
(3) The Accountant-General, West Bengal, 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, West Bengal, 
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 report giving 
a full account of its activities during the previous financial year and 
forward a copy thereof to the State Government. 
15. 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 
Annual 
Report. 
Annual 
report and 
Audit report 
to be laid 
before State 
Legislature. 
16. The Chairperson, Members and employees of the Commission Chairperson, 
shall be deemed to be public servants within the meaning of section 21 Ma hers 
and 
45 of 1860. 	 of the Indian Penal Code. 	 employees 
of the 
Commis-
sion to be 
public 
servants. 
17. (1) The State Government may, by notification in the Official Power to 
Gazette, make rules for carrying out the provisions of this Act. 	 make rules. 
5 
Power to 
remove 
difficulties. 
The West Bengal Commission for Backward Classes Act, 1993. 
[West Ben. Act I of 1993.] 
Chapter V—Miscellaneous.—Section 18.) 
(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 
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. 
(3) Every rule made under this Act shall be laid, as soon as may 
be after it is made, before the State Legislature, while it is in session, 
for a total period of thirty days which may be comprised in one session 
or in two or more successive sessions, and if, before the expiry of the 
session immediately following the session or the successive sessions 
aforesaid, the State Legislature agrees in making any modification in the 
rule or the State Legislature agrees that the rule should not be made, the 
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 under that rule. 
18, (1) If any difficulty arises in giving effect to the provisions of 
this Act, the State Government may, by order published in the Official 
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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