The Maharashtra State Commission for Backward Classes Act, 2005
Chapter III FUNCTIONS AND POWERS OF COMMISSION
General200519 sections5 chapters
Chapter III FUNCTIONS AND POWERS OF COMMISSION
9. Functions of Commission.
Statutory text
- (1) It shall be the function of the Commission,—
- (a) to entertain and examine requests for inclusion of any class of citizens as a backward class in the Lists;
- (b) to entertain, hear, enquire and examine complaints of over-inclusion or under-inclusion of any backward class in such Lists and tender such advice to the State Government as it deems appropriate;
- (c) to take periodical review and make recommendations to the State Government regarding the criteria and methodology of determining the backward class of citizens;
- (d) to cause studies to be conducted on a regular basis through and in collaboration with reputed academic and research bodies for building of data about the changing socio-economic status of various classes of citizens; 8 The Maharashtra State Commission for [2006 : Mah. XXXIV Backward Classes Act, 2005
- (e) to regularly review the socio-economic progress of the backward class of citizens; and
- (f) to perform such other functions as may be prescribed.
- (2) The advice given or recommendations made by the Commission under this section shall ordinarily be binding on the State Government and the State Government shall record reasons in writing, if, it totally or partially rejects the advice or recommendations or modifies it.
Chapter III FUNCTIONS AND POWERS OF COMMISSION
10. Powers of Commission.
Statutory text
The Commission shall, while performing its functions under sub-section (1) of 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; and
- (f) any other matter which may be prescribed.
Chapter III FUNCTIONS AND POWERS OF COMMISSION
11. Periodic revision of Lists by State Government.
Statutory text
- (1) The State Government may, at any
time, and shall, at the expiration of ten years from the appointed day and every succeeding period of
ten years thereafter, undertake revision of the Lists with a view to excluding from such Lists those classes which have ceased to be backward classes or for including in such Lists new backward classes.
- (2) The State Government shall, while undertaking any revision referred to in sub-section (1), consult the Commission.
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