(1) This Act may be called the Andhra Pradesh Commission for Backward Classes Act, 1993.

(2) It extends to the whole of the State of Andhra Pradesh.

In this Act unless the context otherwise requires

(a) backward classes for the purpose of this Act, means such backward classes of citizens of Andhra Pradesh other than the Scheduled Castes and the Scheduled Tribes as may be specified by the State Government in the lists;

(b) Commission means the Andhra Pradesh Commission for Backward Classes constituted under section 3;

(c) Government means the State Government of Andhra Pradesh

(d) lists means lists prepared by the Government from time to, time for the purposes of making provision for the reservation of appointments of posts in favour of the backward classes of citizens which in the opinion of the Government, are not adequately, represented in the services under the Government and in any local authority or other authority in the State.

(e) member means a member of the Commission and includes the Chairperson;

(f) notification means a notification published in the Andhra Pradesh Gazette and the word notified shall be construed accordingly;

(g) prescribed means prescribed by rules made under this Act.

CHAPTER II

ANDHRA PRADESH COMMISSION FOR BACKWARD CLASSES

(1) The Government may constitute a body to be known as the Andhra Pradesh Commission for Backward Classes to exercise the powers conferred on and to perform the functions assigned to it under this Act.

(2) The Commission shall consist of the following Members nominated by the Government:

(a) a Chairperson who is on has been a Judge of High Court or a retired judge of the Supreme Court;

(b) a Social Scientist;

(c) two persons, who have special, knowledge in matters relation to backward classes; and

(d) a Member-Secretary who shall be an officer of the Government in the rank of Secretary to the Government.

(1) Every Member shall hold office for a term of three years from the date he assumed office.

(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) The Government may 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 with is 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, absents himself from three consecutive meetings of the Commission,

(f) has in the opinion of the Government, so abused the position of Chairperson or Member as to render that persons continuance in office detrimental to the interests of the 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) A vacancy caused under sub-section (2) or otherwise shall be filled in by fresh nomination.

(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) The Government may provide the Commission with such officers and employees as may be accessary for the efficient performance of the functions of the Commission.

(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 or the Commission shall be invalid on the ground merely of the existence of any vacancy of defect in the constitution of the Commission.

(1) The Commission shall meet as and when necessary at such time and place as the Chairperson may think fit.

(2) The Commission shall regulate its own procedure.

(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.

CHAPTER-III

FUNCTIONS AND POWERS OF THE COMMISSION

(1) The Commission shall examine requests for inclusion of any class of citizens as a backward class in the lists and hear complaints of over-inclusion or under-inclusion of any backward class in such list and tender such advice to the Government as it deems appropriate.

(2) The Commission shall examine and make recommendations on any other matter relating to the backward classes that may be referred to it by the Government from time to time.

The Commit ion shall while performing its functions under sub-section (1) of section 9, shall have all the powers of a Civil Court trying a suit and in part outer in respect of the following matters namely:

(a) summoning and enforcing the attendance of any person from any part of 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.

(1) The Government may at any time, and shall, at the expiration often years from the comae into force of this Act and every succeeding period often years thereafter, undertake revision of the lists with a view to excluding from such lists those classes who have ceased to be backward classes or for including in such lists new backward classes.

(2) The Government shall while undertaking any revision referred to in sub-section (1) consult the Commission.

CHAPTER IV

FINANCE, ACCOUNTS AND AUDIT

(1) The Government shall after due appropriation made by the Legislative Assembly by law in this behalf pay to the Commission by way of grants such sums of money as the Government may think fit for being untilised for the purpose of this Act.

(2) The Commission may spend such sums as it thinks fit for performing the functions under this Act and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1).

(1) The Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Government in coaptation with the Accountant General, Andhra Pradesh.

(2) The accounts of Commission snail be audited by the Accountant General, Andhra Pradesh at such intervals as may be specified by him, and any expenditure incurred in connection with such audit shall be payable by the Commission to the Accountant General, Andhra Pradesh.

(3) The Accountant General; Andhra Pradesh and any person appointed by him in connection with the audit of the accounts of the Commission under this Act, shall have the same rights and privileges and the authority in connection with such audit as the Accountant General, Andhra Pradesh generally has in connection with the audit of Government accounts and in particular shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Commission.

The Commission shall prepare in such form and at such time for each financial year as may be prescribed its annual report giving a full account of its activities during the previous financial year and forward a copy thereof to the Government.

The Government shall cause the annual report together with a memorandum of action taken on the advice rendered by the Commission under section 9 and the reasons for the nonacceptance, if any, of any such advise and the audit report to be laid as soon as may be after they are received before the Legislative Assembly.

CHAPTER V

MISCELLANEOUS

The Chairperson, Members aid employees of the Commission shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

(1) The Government may by notification in the Official Gazette, make rules for carrying out all or any of the provisions of this Act.

(2) In particular and without prejudice to the generally of the foregoing powers such rules may provide for all or any of the following matters namely;

(a) Salaries 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 of officers and other employees under sub-section (2) of section 5;

(b) the form in which the annual statement of accounts shall be maintained under sub-section (1) of section 13;

(c) the form and the time of which the annual report shall be prepared under section 14;

(d) any other matter which is requited to be or way be proscribed.

(3) Every rule made under this Act, shall immediately after it is made be laid before the Legislative Assembly of the State, if it is in session aid if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiration of the session in which it is so laid or the session immediately following the Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified have effect only in such modified form or shall stand annulled, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

(1) If any difficulty arises in giving effect to the provisions of this Act; the Government may by order published in the Official Gazelle make provisions not inconsistent with the provisions of the Act as appear to them to be necessary or expedient for removing the difficulty.

(2) Every order made under this section shall, as soon as may be after it is made, be laid before the Andhra Pradesh Legislative Assembly.

1. Received the assent of the President on 3rd December, 1993. For Statement of Objects and Reasons, Please see the Andhra Pradesh Gazelle, Part IV-A, Extraordiary dated 23rd March, 1993, at P. 8.