(1) This Act may be called the Uttaranchal State Commission for Other Backward Classes Act, 2003.

(2) It shall be deemed to have come into force at once.

(3) It extends to the whole of Uttaranchal.

In this Act

(a) Other Backward Classes means such classes of citizens as may be specified by the State Government in the list from time to time;

(b) Commission means the State Commission for Other Backward Classes constituted under section 3;

(c) The Governor means the Governor of Uttaranchal;

(d) The State Government means the State Government of Uttaranchal

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

(f) Schedule means Schedule one of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Schedule Tribes and Other Backward Classes) Act, 1994, as amended from time to time.

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

(2) The headquarter of the Commission shall be at such place as the State Government may by notification, specify.

(3) The Commission shall consist of two members other than Chairman who should be belonging to Other Backward Classes and one member would be a women. Male or female of Other Backward Classes would be eligible for the post of chairman.

(1) The Chairman and every other member shall hold office for a term of three years from the date, he assumes office.

(2) A member may, by writing under his hand addressed to the Governor, resign from the office of Chairman or Member; as the case may be, at any time but shall continue to hold office until his resignation is accepted.

(3) The State 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 State Government, involves moral turpitude;

(d) 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 State Government, so abused the position of Chairman or Members as to render that person's continuance in office detrimental to the interests of Other 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 by fresh appointment.

(5) The salaries and allowances payable to, and other terms and conditions of services of the Chairman and Members shall be such as may be prescribed.

(1) The State Government shall provide the Commission with a Secretary and such other officers and employees as may be necessary for the efficient performance of the functions of the Commission.

(2) The salaries and allowances payable to, and other terms and conditions of services of, the Secretary and other officers end employees appointed for the purpose of the Commission shall be such as may be prescribed by the State Government.

The salaries and allowances payable to the Chairman 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 of the Commission shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the Commission.

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

(2) The Commission shall regulate its own procedure.

(3) All orders and decisions of the Commission shall be authenticated by the Secretary or any other officer of the Commission duly authorized by the Secretary in this behalf.

(1) The Commission shall perform all or any of the following functions, namely:

(a) The Commission shall examine requests for inclusion of any class of citizens as an other backward class on the Schedule and hear complaints of wrong inclusion or non-inclusion of any other backward class in the Schedule and tender such advice to the State Government as it deems appropriate;

(b) To investigate and monitor all matters relating to the safe-guards provided for the Other Backward Classes under any law for the time being in force or under any order of the State Government and to evaluate the working of such safeguards;

(c) To enquire into specific complaints with respect to the deprivation of right and safeguard of the Other Backward Classes.

(d) To participate and advice on the planning process of socioeconomic development of the other backward classes and to evaluate the progress of their development;

(e) To present to the State Government annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;

(f) To make in such reports recommendations, as to the measures that should be taken by the State Government for the effective implementation of those safeguards and other measures for the protections, welfare and socio-economic development of other, backward classes; and

(g) To discharge such other function in relation to the protection, welfare, development and advancement of the other backward classes as may be referred to it by the State Government.

(2) The State Government shall cause the reports of the Commission to be laid before State Legislature alongwith memorandum explaining the action taken or proposed to be taken on those recommendations and the reasons for the non-acceptance, if any, of the such recommendations.

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 attendance of any person 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 Commission for the examination of witness and documents; and

(f) Any other matter which may be prescribed.

(1) The State, Government may at anytime, and shall on the expiration of ten years from the coming into force of this Act and every succeeding period often years thereafter, undertake revisions of the Schedule with a view to excluding from it to Schedule those classes who have ceased to be other backward classes or for including the Schedule new other backward classes.

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

(1) The State Government shall, after due appropriation made by the State Legislature by law in this behalf, pay to the Commission by way of grants such sums of money as the State Government may think fit for being utilised for the purposes 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 an 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 and manner as may be prescribed.

(2) The accounts of the Commission shall, be audited by such auditor and at such intervals as may be prescribed.

(3) The auditor shall have such powers of requiring the productions of books, accounts, connected vouchers and other documents and papers and for inspecting any of the offices of the Commission as may be prescribed.

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

The State Government shall cause the annual report, together with a memorandum of action taken on the advice tendered by the Commission under section 9 and the reasons for the non-acceptance, if any, of any such advice, and audit report to be laid as soon as may be after they are received before the State Legislature.

The Chairman, members and employees of the Commission shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code; 1860.

(1) The State Government may, by notification, make rules for carrying out the purpose 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) Salaries and allowances payable to, and the other terms and conditions of services of, the Chairman and members under sub-section (8) of section 4 and of officers and other employees under sub-section (2) of section 5;

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

(c) The form in and the time at, which the annual report shall be prepared under section 14;

(d) Any other matter which is required to be or may be prescribed.

Whoever being legally bound to obey any order or direction of the Commission under section 10, disobeys such order or direction shall be punishable under sections 174, 175, 176, 178, 179 or 180 of the Indian Penal Code, 1860, as the case may be.

No court shall take cognizance of any of the offences specified in section 18 except on the complaints in writing of the Chairman or a member or of an officer of the Commission authorized in this behalf by the Commission.

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act or the rules made thereunder.

(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by a notified order, make provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient, for Removing the difficulty.

(2) No order under sub-section (1) shall be made after the expiration of a period of two years from the commencement of this Act.

(3) The provisions of sub-section (1) of section 23-A of the Uttar Pradesh General Clauses Act, 1904 shall apply to the order made under sub-section (1) as they apply in respect of rules made by the State Government under any Uttaranchal Act.

Notwithstanding anything in this Act, the Commission constituted by the Uttaranchal Government shall be deemed to have been duly constituted under the provision of this act and the term of three years of the Chairman and other members of the said Commission shall be computed from the date on which they had assumed charge of their respective offices.

(1) The Uttaranchal Scheduled Castes, Scheduled Tribes and Other Backward Classes Act, 2001 is hereby repealed.

(2) Notwithstanding such repeal, anything done of any action taken under the Act referred to in sub-section(1) shall be deemed to have or taken under this Act.

1. As passed by the Uttaranchal Legislative Assembly and assented to by the Governor on April 16, 2003.