The Andhra Pradesh Commission for Backward Classes Act, 1993

Short title, extent and commencement.—

1. (1) This Act may be called the Andhra Pradesh Commission for Backward Classes Act, 1993.
2. (2) It extends to the whole of the State of Andhra Pradesh.
3. (3) It shall be deemed to have come into force on the 22nd day of January, 1993.

Definitions.— In this Act, unless the context otherwise requires,—

1. (a) "Backward Classes" 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;
2. (b) "Commission" means the Andhra Pradesh Commission for Backward Classes constituted under section 3;
3. (c) "Lists" means lists prepared by the Government of Andhra Pradesh 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 the Government, are not adequately represented in the services under the Government of Andhra Pradesh or any local or other authority within the State or under the control of the State Government;
4. (d) "Member" means a Member of the Commission and includes the Chairperson;
5. (e) "Prescribed" means prescribed by rules made under this Act.

Constitution of the Commission for Backward Classes

1. (1) The Government may, by notification in the Andhra Pradesh Gazette, constitute a body to be known as the Andhra Pradesh Commission for Backward Classes to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.
2. (2) The Commission shall consist of,—
   • (a) a Chairperson, who is or has been a Judge of a High Court or a retired District Judge;
   • (b) a social scientist;
   • (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 a Deputy Secretary to Government.

Term of office and conditions of service of Chairperson and Members

1. (1) Every member shall hold office for a term of three years from the date he assumes office.
2. (2) The Chairperson or any other member may, by notice in writing under his hand addressed to the Government, resign from the office of Chairperson or as the case may be, of the member at any time.
3. (3) The Government shall remove a person from the office of Chairperson or a member referred to in clause
   • (b) or clause
   • (c) of sub-section
4. (2) of section 3, if that person,—
   • (a) becomes an undischarged insolvent;
   • (b) is convicted and sentenced to imprisonment for an offence which, in the opinion of the 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 meetings of the Commission; or
   • (f) has, in the opinion of the Government, so abused the position of Chairperson or member as to render that person's continuance in office 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 a reasonable opportunity of being heard in the matter.
5. (4) A vacancy caused under sub-section
6. (2) or otherwise shall be filled by fresh nomination and a person so nominated shall hold office for the unexpired period of the term of his predecessor.
7. (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.

Officers and other employees of the Commission.

1. (1) The Government shall provide the Commission with such officers and employees as may be necessary for the efficient performance of the functions of the Commission under this Act.
2. (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.

Salaries and allowances to be paid out of grants. The salaries and allowances payable to the Chairman and Members and the administrative expenses, including salaries, allowances and pensions payable to, or in respect of, the officers and other employees referred to in section 5, shall be paid out of the grants referred to in section 12.

Vacancies, etc., not to invalidate proceedings of the Commission.—No act or proceedings of the Commission shall be questioned or shall be invalid merely on the ground of the existence of any vacancy or defect in the constitution of the Commission.

Procedure to be regulated by the Commission.—(1) The Commission shall regulate its own procedure.

1. (2) 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.

Functions of the Commission.—

1. (1) The Commission shall examine requests for inclusion of any class of citizens as a backward class in the lists and hear complaints of wrong inclusion or non-inclusion of any backward class in such list and tender such advice to the Government as it deems appropriate.
2. (2) The Commission shall examine the measures to be taken by the Government for the welfare of the backward classes and make a report to the Government.
3. (3) The Commission shall perform such other functions pertaining to the welfare of the backward classes as may be entrusted to it by the Government.

Powers of the Commission.—

1. (1) The Commission shall, while performing its functions under 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 the 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 examination of witnesses and documents;
   • (f) any other matter which may be prescribed.

Grants by the Government.

1. (1) The Government shall, after due appropriation made by the Legislature of the State 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 purposes of this Act.
2. (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).

Accounts and audit.

1. (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, Andhra Pradesh.
2. (2) The accounts of the Commission shall be audited by the Accountant General, Andhra Pradesh 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.
3. (3) The Accountant General, Andhra Pradesh 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, Andhra Pradesh 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.
4. (4) The accounts of the Commission, as certified by the Accountant General, Andhra Pradesh or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the Government by the Commission.

Annual report

1. (1) 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.
2. (2) The Government shall cause the annual report, together with a memorandum of action taken on the recommendations contained therein, in so far as they relate to the State Government and the reasons for the non-acceptance, if any, of such recommendations, to be laid as soon as may be after the reports received, before the Legislative Assembly.

Chairperson, Members and employees of the Commission to be public servants 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.

Power to make rules.—

1. (1) The Government may, by notification in the Andhra Pradesh Gazette, make rules for carrying out all or any of the purposes of this Act.
2. (2) Every rule made under this Act shall, immediately after it is made, be laid before the Legislative Assembly of the State if it is in session and if it is not in session, in the session immediately following 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 Legislative Assembly agrees in making any modification 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.

Power to remove difficulties.— If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, make such provisions or give such directions not inconsistent with the provisions of this Act as appear to them to be necessary or expedient for the removal of the difficulty:

Power to make regulations -1 17. Power to make regulations. —

1. (1) The Commission may, with the previous approval of the Government, by notification in the Andhra Pradesh Gazette, make regulations not inconsistent with the provisions of this Act and the rules made thereunder, for effectively carrying out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—
   • (a) the procedure and the method of transaction of business by the Commission;
   • (b) the quorum for the meetings of the Commission;
   • (c) the procedure for enquiry by the Commission under section 9.