The Maharashtra State Commission for Backward Classes Act, 2005
Chapter V MISCELLANEOUS
General200519 sections5 chapters
Chapter V MISCELLANEOUS
16. Chairperson, members, officers and employees of Commission to be public servants.
Statutory text
The Chairperson, members, officers and other employees of the Commission shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860).
Chapter V MISCELLANEOUS
17. Power to make rules.
Statutory text
- (1) The State Government may, in consultation with the Commission, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
- (2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:—
- (a) criterias and methodology for inclusion or exclusion of castes in or from the Lists of backward classes;
- (b) methodology and criterias for proposing revision of Lists of backward class of citizens;
- (c) honorarium and allowances payable to and the other terms and conditions of service of, the Chairperson and members under sub-section (5) of section 4 and the salaries and allowances payable to and the other terms and conditions of service of, the officers and other employees under sub-section (2) of section 5;
- (d) the form in which the Annual Statement of Accounts shall be prepared under sub-section (1) of section 13;
- (e) the form in which and the time at which the Annual Report shall be prepared under section 14;
- (f) any other matter which is required to be, or may be, prescribed.
- (3) Every rule made under this Act shall be laid, as soon as may be, after it is made, before each House of the State Legislature, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both the Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, and notify their decision to that effect in the Official Gazette, the rule shall, from the date of publication of such decision in the Official Gazette, have effect only in such modified form or be of no effect, as the case may be; so, however that, any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.
Chapter V MISCELLANEOUS
18. Power to remove difficulties.
Statutory text
- (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, published in the Official Gazette, make provision or give such direction, not inconsistent with the provisions of this Act, as may appear to it 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 date of commencement of this Act.
- (2) Every order made under sub-section (1) shall, as soon as may be, after it is made, be laid before each House of the State Legislature.
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