Chapter II THE MAHARASHTRA STATE COMMISSION FOR BACKWARD CLASSES

1. (1) The State Government shall, by notification in the Official Gazette, constitute a body to be known as the Maharashtra State Commission for Backward Classes for the purposes of this Act, which will exercise the powers conferred on and perform the functions assigned to it, under this Act.
2. (2) The Commission shall consist of the following members nominated by the State Government, namely:—
   • (a) a Chairperson, who is or has been, a judge of the Supreme Court or of a High Court;
   • (b) a social scientist, with experience of empirical research; (c) 1[eight members, at least one member each] from the six revenue divisions of the State, who have special knowledge in the matters relating to other backward classes:

Provided that, from amongst the members there shall be not less than one female member

and one member each, belonging to the other backward class, Vimukta Jatis and Nomadic Tribes;

1. (d) a Member-Secretary, who is or has been an officer of the State Government not below the rank of the Joint Director in the Social Justice Department: Provided that, before nominating the Member-Secretary, the State Government shall consult the Commission.

1. (1) Every member shall hold the office for a term of three years from the date he assumes the office.
2. (2) A member may, by writing under his or her hand addressed to the State Government, resign from the office of the Chairperson or, as the case may be, of the member, at any time.
3. (3) The State Government shall remove a person from the office of the 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 State Government, involves moral turpitude;
   • (c) becomes of unsound mind and stands so declared by the 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 State Government, so abused the position of the Chairperson or member as to render that person’s continuance in the office detrimental to the interests of the backward classes or the public interest, or is otherwise in the opinion of the State Government unfit or unsuitable to continue as such Chairperson or member: These words were substituted for the words “six members, one member each” by Mah. 29 of 2017, s. 2.

2006 : Mah. XXXIV] The Maharashtra State Commission for 7

Backward Classes Act, 2005 Provided that, no office-bearer shall be removed under this clause until that person has been given a reasonable opportunity of being heard in the matter.

1. (4) A vacancy caused under sub-section (2) or (3) or otherwise, shall be filled in, as soon as may be, by a fresh nomination by the State Government; and the person so nominated shall hold office for

the remainder of the term of office of the person in whose vacancy such person has been nominated,

would have held the office, if the vacancy had not occurred:

Provided that, if the vacancy of a member other than that of the Chairperson, occurs within six

months preceding the date on which the term of office of the member expires, the vacancy shall not be filled in.

1. (5) The honorarium, if any, and allowances payable to, and the other terms and conditions of holding of the office of, the Chairperson and the 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 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 the State

Government may, from time to time, determine.

The honorarium and

allowances payable to the Chairperson and members, and the administrative expenses, including salaries and allowances and other terminal benefits 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 merely on the ground of existence of any vacancy or defect in the constitution of the Commission or any defect in the nomination of a person acting as the Chairperson or as a member, or any irregularity in the procedure of the Commission, not affecting the merits of the case.

1. (1) The Commission shall meet as and when necessary, at such time and place as the Chairperson decides.
2. (2) The Commission shall regulate its own procedure, and may, for this purpose, frame regulations consistent with the provisions of this Act and rules made thereunder.
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.