Chapter II Chapter II

Commission for Backward Classes

1. (1) The State Government shall constitute a body to be known as the State 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 the following Members nominated by the State Government:—
   • (a) a Chairperson, who is or has been a Judge of a High Court or District Judge or 1 [a person who is qualified to be appointed as a Judge of a High Court or as a District Judge];
   • (b) a social scientist; (c) [three] 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 3[Joint Secretary] or above, to the Government.

1. (1) Every Member shall hold office for a term of three years from the date he assumes office.
2. (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. (3) The State Government shall remove a person from the office of Member if that person—
   • (a) becomes an undischarged insolvent;
   • (b) becomes of unsound mind and stands so declared by a competent court;
   • (c) refuses to act or becomes incapable of acting;
   • (d) is, without obtaining leave of absence from the Commission, absent from three consecutive meetings of the Commission; or
   • (e) has, in the opinion of the State Government, so abused the position of Chairperson or Member so 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. (4) A vacancy caused under sub-section (2) or otherwise shall be filled by fresh nomination.
5. (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.

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.
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.

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.

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.

1. (1) The Commission shall meet as and when necessary 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 MemberSecretary in this behalf.