JAMMU & KASHMIRSTATE COMMISSION FOR

BACKWARD CLASSESACT, 1997

ContentsCHAPTER I PRELIMINARY

1. Short title, extent andcommencement

2. DefinitionsCHAPTER II THE STATE COMMISSION

FOR BACKWARD CLASSES3. Constitution of the State

Commission for BackwardClasses

4. Term of office and conditions

of service of Chairperson andMembers

5. Officers and other employeesof the Commission

6. Salaries and allowances to bepaid out of grants

7. Vacancies, etc. not toinvalidate Proceedings of theCommission

8. Procedure to be regulated bythe CommissionCHAPTER III FUNCTIONS ANDPOWERS OF THE COMMISSION

9. Functions of the Commission10. Powers of the Commission11. Periodic revision of lists by the

GovernmentCHAPTER IV FINANCE, ACCOUNTS

AND AUDIT12. Grants by the Government13. Accounts and Audit14. Annual report15. Annual report and audit report

to be laid before StateLegislatureCHAPTER V MISCELLANEOUS

16. Chairperson, Members andemployees of the Commission tobe public servants

17. Power to make rules18. Power to remove difficulties19. Repeal and Saving

JAMMU &

KASHMIR STATECOMMISSION FOR

BACKWARDCLASSES ACT,

1997

(Act No. XII of 1997)

[30th May, 1997]

An Act to provide for theconstitution of a State Commissionfor Backward Classes other than theScheduled Castes and the ScheduleTribes, and for matters connectedtherewith or incidental thereto.

Be it enacted by the Jammu andKashmir State Legislature in theForty-eighth Year of the Republic ofIndia as follows :-

CHAPTER I PRELIMINARY

1. Short title, extent andcommencement

(1) This Act may be called theJammu and Kashmir StateCommission for Backward ClassesAct, 1997.

(2) It extends to the whole ofthe State of Jammu and Kashmir.

(3) It shall be deemed to havecome into force with effect from May,24th, 1995.

2. DefinitionsIn this Act, unless the contextotherwise requires,-

(a) "Backward Classes" forthe purpose of this Act means u c h backward classes ofcitizens other than theScheduled Castes and theScheduled Tribes as may bespecified by the Governmentof the lists;

(b) "Commission" means theState Commission forBackward Classes constituted

under section 3;

(c) "Government" means theGovernment of the State ofJammu and Kashmir;

(d) "Lists" means listsprepared by the Governmentfrom time to time forpurposes of making provisionfor the reservation ofappointments or posts infavour of backward classes ofcitizens which in the opinionof the Government are nota d e q u a t e l y r e p r e s e n t e d i n

t h e s e r v i c e s u n d e r t h eGovernment and any local orother authority within theterritory of the State ofJammu and Kashmir or undert h e control of theGovernment;

(e) "Member" means aMember of the Commissionand include the Chairperson;

(f) "Prescribed" meansprescribed by rules madeunder this Act.

CHAPTER II THE STATECOMMISSION FOR BACKWARD

CLASSES

3. Constitution of the StateCommission for BackwardClasses

(1) The Government shallconstitute a body to be known as theState Commission for BackwardClasses to exercise the powers conferred on, and to perform thefunctions assigned to it under thisAct.

(2) The Commission shall

consist of the following membersnominated by the Government:-

(a) a Chairperson who is orhas been a judge of theSupreme Court or a HighCourt;

(b) an eminenteducationist;

(c) a person who has for atleast two years held the postof a Secretary to Governmentor any other post under theGovernment carrying a scaleof pay which is not less than

that of a Secretary toGovernment and shall ineither case, have adequateadministrative experience;

(d) two persons preferablybelonging to BackwardClasses who have specialknowledge in matters relatingto backward classes.

(3) There shall also be aSecretary to the Commission whos h a l l be person with adequateadministrative experience andholding a post of Additional Secretary

or its equivalent.

4. Term of office and conditionsof service of Chairperson andMembers

(1) Every Member shall holdoffice for a term of three years fromthe date he assumes office.

(2) A Member may, by writingunder his hand addressed to theGovernment, resign from the office ofChairperson or, as the case may be,of member at any time.

(3) The Government shallremove a person from the office ofMember if that person-

(a) becomes anundischarged insolvent;

(b) is convicted andsentenced to imprisonmentfor an offence which in theopinion of the Government,involves moral turpitude;

(c) becomes of unsoundmind and stands so declaredby a competent court;

(d) refuses to act orbecomes incapable of acting;

(e) is, without obtainingleave of absence from the

Commiss ion, absent fromthree consecutive meetings ofthe Commission; or

(f) has, in the opinion ofthe Government, so abusedthe position of Chairperson orMember as to render thatperson's continuance in officedetrimental to the interests ofbackward classes or thepublic interest:

Provided that no person shall beremoved under this clause until thatperson has been given an

opportunity of being heard in thematter.

(4) A vacancy caused undersub-section (2) or otherwise shall befilled by fresh nomination.

(5) The salaries and allowancespayable to and the other terms andconditions of service of theChairperson and Members shall besuch as may be prescribed.

5. Officers and other employeesof the Commission

(1) The Government shallprovide the Commission with suchofficers and employees as may benecessary for the efficient performance of the functions of theCommission.

(2) The salaries and allowancespayable to and the other terms' and conditions of service of the officersand other employees ap pointed forthe purpose of the Commission shallbe such as may be prescribed.

6. Salaries and allowances to bepaid out of grants

The salaries and allowancespayable to the Chairperson andMembers and the administrativeexpenses including salaries,allowances and pensions payable tothe officers and other employeesreferred to in section 5, shall be paidout of the grants referred to in sub-section (1) of section 12.

7. Vacancies, etc. not toinvalidate Proceedings of theCommission

No act or proceeding of theCommission shall be invalid on theground merely of the existence ofany vacancy or defect in theconstitution of the Commission.

8. Procedure to be regulated bythe Commission

(1) The Commission shall meetas and when necessary at such timeand place as the Chairperson maythink fit.

(2) The Commission shallregulate its own procedure.

(3) All orders and decisions of theCommission shall be authenticatedby its Secretary or any other officerof the Commission duly authorised bythe Secretary in this behalf.

CHAPTER III FUNCTIONS ANDPOWERS OF THE COMMISSION

9. Functions of the Commission(1) The Commission shall

examine requests for inclusion of anyclass of citizens as a backward classin the lists and hear complaints ofover-inclusion or under-inclusion ofany backward class in such list andtender such advice to theGovernment as it deems appropriate.

(2) The advice of theCommission shall ordinarily bebinding upon the Government.

10. Powers of the CommissionThe Commission shall, while

performing its functions under sub-section (1) of section 9, have all thepowers of a civil court trying a suitand in particular, in respect of thefollowing matters, namely: -

(a) summoning and enforcingthe attendance of any personfrom any part of the State ofJammu and Kashmir andexamining him on oath;

(b) requiring the discoveryand production of any document;

(c) receiving evidence onaffidavits;

(d) requisitioning any publicrecord or copy thereof fromany court or office;

(e) issuing commissions forthe examination of witnessesand documents; and

(f) any other matter whichmay be prescribed.

11. Periodic revision of lists bythe Government

(1) The Government may at anytime, and shall, at the expiration often years from the coming into forceof this Act and every succeedingperiod of ten years thereafter,undertake revision of the lists with aview to excluding from such liststhose classes who have ceased to bebackward classes or for including insuch lists new backward classes.

(2) The Government shall, whileundertaking any revision referred to

in sub-section (1), consult theCommission.

CHAPTER IV FINANCE,ACCOUNTS AND AUDIT

12. Grants by the Government(1) The Government shall, after

the appropriation made by StateLegislature by law in this behalf, payto the Commission by way of grantssuch sums of money as theGovernment may think fit for beingutilised for the purposes of this Act.

(2) The Commission may spendsuch sums as it thinks fit forperforming functions under this Actand such sums shall be treated as

expenditure payable out of thegrants referred to in sub-section (1).

13. Accounts and Audit(1) The Government shall

maintain proper accounts and otherrelevant records and prepare anannual statement of accounts in suchform as may be prescribed by theGovernment in consultation with theAccountant General.

(2) The accounts of theCommission shall be audited by theAccountant General at such intervalsas may be specified by him and anyexpenditure incurred in connectionwith such an audit shall be payable

by the Commission to the AccountantGeneral.

(3) The Accountant Generaland any person appointed by him inconnection with the audit of theaccounts of the Commission underthis Act shall have the same rightsand privileges and the authority inconnection with such audit as theAccountant General generally has inconnection with the audit ofGovernment account and, inparticular, shall have the right todemand the production of books,

accounts connected vouchers andother documents and papers and toinspect any of the offices of theCommission.

14. Annual reportThe Commission shall prepare, in

such form and at such time, for eachfinancial year, as may be prescribed,its annual report, giving a fullaccount of its activities during theprevious financial year and forward acopy thereof to the Government.

15. Annual report and auditreport to be laid before StateLegislature

The Government shall cause theannual report together with amemorandum of action taken on theadvice tendered by the Commissionunder section 9 and the reasons forthe non-acceptance, if any, of anysuch advice and the audit report tobe laid as soon as may be after theyare received before each House ofState Legislature.

CHAPTER V MISCELLANEOUS

16. Chairperson, Membersand employees of theCommission to be publicservants

The Chairperson, Members andemployees of the Commission shallbe deemed to be public servantswithin the meaning of section 21 ofthe Ranbir Penal Code.

17. Power to make rules(1) The Government may, by

notification in Government Gazette,make rules for carrying out theprovisions of this Act.

(2) In particular and withoutprejudice to the generality of theforegoing powers such rules mayprovide for all or any of the followingmatters namely:-

(a) salaries and allowancespayable to and the otherterms and conditions ofservice of the Chairperson

and Members under sub-section (5) of section 4 andofficers and other employeesunder sub-section (2) ofsection 5;

(b) the form in which theannual statement of accountss ha l l be maintained undersub-section (1) of section 13;

(c) the form in, and the timeat, which the annual reports h a l l be prepared undersection 14;

(d) any other matter which is

required to be, or may be,prescribed.

(3) Every rule made under thisAct shall be laid, as soon as may beafter it is made, before each Houseof State Legislature while it is insession, for a total period of thirtydays which may be comprised in onesession or two or more successivesessions, and if, before the expiry ofthe session immediately followingthe session or the successivesessions aforesaid, both Housesagree in making any modification in

the rule or both Houses agree thatthe rule should not be made, the ruleshall thereafter have effect only insuch modified form or be of no effectas the case may be so, however, thatany such modification or annulmentshall be without prejudice to thevalidity of anything previously doneunder that rule.

18. Power to removedifficulties

(1) If any difficulty arises ingiving effect to the provisions of thisAct the Government may by orderpublished in the GovernmentGazette, make provisions, notinconsistent with the provisions oft h i s Act as appear to it to benecessary or expedient, for removingthe difficulty.

(2) Every order made underthis section shall, as soon as may beafter it is made, be laid before each

House of State Legislature.

19. Repeal and Saving(1) The Jammu and Kashmir

State Commission for BackwardClasses Act, 1995 (President's Act No.2 of 1995) is hereby repealed.

(2) Notwithstanding any suchrepeal, anything done, any actiontaken, any rule made, any order ornotification issued under any of theprovisions of the law repealed undersub-section (1) shall be deemed tohave been done, taken, made orissued under the correspondingprovisions of this Act.