The Code of Criminal Procedure (Andhra Pradesh Amendment) Act, 2018

Short title, extent and commencement:

1. (1) This Act may be called the Andhra Pradesh Commission for Backward Classes other than Scheduled Castes and Scheduled Tribes in the State of Andhra Pradesh Act, 2019.
2. (2) It extends to the whole of the State of Andhra Pradesh.
3. (3) It shall be deemed to have come into force with effect on and from the 07th March, 2019.

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) "

Constitution of the Commission for Backward Classes

1. (1) The Government shall, by notification, 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 Chairperson and four other Members to be appointed by the Government: Provided that at least one Member shall be a woman.
3. (3) The Chairperson and every Member shall be a person of ability, integrity and standing who has had experience in social justice and empowerment of Backward Classes or in administration or is an expert in matters relating to Backward Classes.
4. (4) The Secretary to the Government in the Backward Classes Welfare Department, or an officer not below the rank of Joint Secretary to the Government, shall be the Member-Secretary of the Commission.

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 of assumption of office.
2. (2) The Chairperson or any other Member may, by writing under his hand addressed to the Government, resign from his office.
3. (3) The Government shall remove a person from the office of Chairperson or any other 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 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.
4. (4) A vacancy caused under sub-section
5. (2) or otherwise shall be filled by fresh nomination or appointment.
6. (5) The administrative expenses of the Commission, including the salaries, allowances and pensions payable to, or in respect of, the Chairperson, Members and officers and other employees of the Commission, shall be defrayed out of the grants provided to the Commission by the Government.

Officers and other employees of the Commission:

1. (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 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 to the Chairperson, Members and employees: The salaries and allowances payable to the Chairperson 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 provided to the Commission by the State Government.

Vacancies etc., not to invalidate proceedings of the Commission:

Procedure to be regulated by the Commission Procedure to be regulated by the Commission:

1. (1) The Commission shall meet at such time and place as the Chairperson may think fit.
2. (2) The Commission shall regulate its own procedure.
3. (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.

Functions of the Commission. -

1. (1) The Commission shall perform all or any of the following functions, namely: -
   • (a) to examine requests for inclusion of any class of citizens as a backward class in the lists and hear complaints of under-inclusion or over-inclusion of any backward class and tender such advice to the Government as it deems appropriate;
   • (b) to tender advice to the Government as and when required by the Government;
   • (c) to exercise such other functions as may be prescribed.
2. (2) The advice of the Commission shall ordinarily be binding upon the Government.

Powers of the Commission. - 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: -

1. (a) summoning and enforcing the attendance of any person from any part of the State and examining him on oath;
2. (b) requiring the discovery and production of any document;
3. (c) receiving evidence on affidavits;
4. (d) requisitioning any public record or copy thereof from any court or office;
5. (e) issuing commissions for the examination of witnesses and documents;
6. (f) any other matter which may be prescribed.

Grants by the Government:

1. (1) The 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 Government may think fit for being utilized 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 prepare in such form and at such time in each financial year as may be prescribed, its accounts and the 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 accounts and the report of the Commission shall be audited by such authority as may be prescribed by the Government.
3. (3) 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 Government, and the reasons for the non-acceptance, if any, of any such recommendations, and the audit report to be laid, as soon as may be after the reports and the accounts are received, before the Legislature of the State.

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 Government and the reasons for the non-acceptance, if any, of any such recommendations, to be laid as soon as may be after they are received before the State Legislature.

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

Power to make rules Power to make rules.-

1. (1) The Government may, by notification, 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 Legislature 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 Legislature agrees in making any modification in the rule or in the annulment of the rule, the rule shall from the date of notification of such modification or annulment 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.-

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Andhra Pradesh Gazette, make such provisions not inconsistent with the provisions of this Act as appear to them to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.
2. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the State Legislature.

-1 17. Repeal and Savings

1. (1) The Andhra Pradesh Commission for Backward Classes Act, 1993 is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken in exercise of any power conferred by or under the said Act, shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act, as if this Act were in force on the day on which such thing or action was done or taken.