Chapter II Chapter II

The State Commission for Backward Classes

Constitution of State Commission for Backward Classes.--

1. (1) The 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 Government :--
   • (a) a Chairperson, who is or has been a Judge of the Supreme Court or of a High Court;
   • (b) an eminent educationist;
   • (c) a person who is for at least two years held the post of a Secretary to Government or any other post under the Government carrying a scale of pay which is not less than that of a Secretary to Government and shall in either case, have adequate administrative experience.
   • (d) two persons preferably belonging to backward classes who have special knowledge in matters relating to backward classes.
3. (3) There shall also be a Secretary to the Commission, who shall be a person with adequate administrative experience and holding a post of Additional Secretary or its equivalent.

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) A Member may, by writing under his hand addressed to the Government, resign from the office of Chairperson or, as the case may be, of Member at any time.
3. (3) The 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 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 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
5. (2) or otherwise shall be filled by fresh nomination.
6. (5) The salaries and allowances payable to, and the other terms and conditions of services 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.
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 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. (1) of section 12.

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

Procedure to be regulated by 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 Secretary or any other officer of the Commission duly authorised by the Secretary in this behalf.