West Bengal Commission For Backward Classes Act, 1993
No: 1 Dated: Mar, 15 1993
THE WEST BENGAL COMMISSION FOR BACKWARD CLASSES ACT, 1993
West Bengal Act I 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 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 as follows:-
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (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.
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 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;
(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
3. Constitution of the Commission for Backward Classes. - (1) 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. Term of office and conditions of service of 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 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;
(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 meeting 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.
(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 proceedings of the Commission. - 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. 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.