AAlge XY F-— Registered No, A—I12 TH E ASSAM GAZETTE:-« o EXTRAORDINARY e IP YA जागो शकांगिओं PUBLISHED BY AUTHORITY" ¥ s > e ;’ न 138 घिलनुव _ वूधवाव 24 wew3, 1793, 3 @i 1915 (w%) & No. 138 ‘ispur, Wednesday, 2¢th November, 1993, 3rd Agrahayana, 1915 (5. E) : GOVERNMENT OF ASSAM = ORDERS BY THE GOVLRNOR ‘ LEGISLATIVE DEPARTMENT : LEGISLATIVE BRAN NOTIFICATION. The 5th November 1993 ; No.LGL.27/93/71.-—The following ~Act of the Assam -~ Legislative Assembly which. received the assent of the Governor of Assam is’ hereby published for general infor- mation .
394 THE ASSAM GAZETTE, EXTRAORDINARY, NOV. 24, 1993 डिनर A B B ASSAM ACT No, XVII OF 1993. (Received the assent of the Governor on 4th November, 1993.) THE ASSAM BACKWARD CLASSES COMMISSION AGT, 1993 AN ACT Preamble. ~ Whereas it is eéxpedient to provide for the con- stitution of a Commission for Backward Classes other than the Scheduled Castes and Scheduled Tri- bes to streamline and rationalise the procedure for inclusion or over inclusion of any class or classes of citizens in the list of Backward Classes including More Other Backward Classes to provide reservation of vacancies in services and posts for the members of socially and economically backward sections एव. the society and for matters connected therewith or incidental thereto. It is hereby enacted in the Forty-fourth Year of the Republic of India as follows : e E CHAPTER 1 PRELIMINARY .thcf'nt, कक 1. (1) Tlhis Act may be called the Assam Back- — ‘ ward Classes Commission Act, 1993. "(2) It shall be deemed to have come into force on the 8th day of June, 1993. (38) It extends to the whole of the State of Assam. Bekanlons. - 2 In this Act unless the context otherwise ~ requires :-- s (a) ‘Backward Classes’ means such backward M classes of citizens other than the Scheduled Castes and the Scheduled Tribes as may be specified by the State Government in the lists ;
THE ASSAM GAZETTE, EXTRAORDINARY, NOV, 24,1993 995 \ (b) ‘Commission’ means the Assam Backward Classes Commission constituted under sec- tion 3 ; : (०) ‘Government” means the Government of Assam ; - (d) ‘lists’ means lists prepared by the Govern- ment from time to time for the purposes of making provision for the reservation of appointments or posts in favour of back- ward classes of citizens which in the opi- nion of the Government are not adequa- tely represented in the services under the Government and any local or other Autho- rity under the contract of the Government ; (¢) ‘member’ means a member of the Commi- ssion and included the Chairperson ; (f) ‘prescribed’ means prescribed by the rules made under this Act ; (g) ‘notification’ means nctification published in the Official Gazette. CHAPTER 1I THE ASSAM BACKWARD CLASSES COMMISSION Constitution 3,(1) The Government shall, by notification, con- WD stitute a body to be known as the Assam Back- ward Classes Commission to exercise the powers conferred on, and to perform the fun- ctions assigned to it under this Act. (2) The Commission shall consist of the following members nominated by the Government :- (a) a Chairperson, who is or has been a Judge of the Supreme Court or a High Court ; (b) a Social Scientist ;
996 THE ASSAM GAZETTE, EXTRAORDINARY, NOV, 24, 1993 office ‘and " * conditions of बसा Ce of:. Chairperson * - (2) and:mem-~ beslCh () 7 दी © ‘Vt»,w'o: persons,. who heve special knowledge in matters relating to backward classes ; and -a . Membcr-Secretary, who is. or has been an officer of the Government in the rank of a Secretary to the Government of Assam. : 4'>_.(~w1»)zE‘very member . shall hold office for a term Term of, . _ of three years from the -date he assumes office. . A. member may, by. writing under his hand addressed . to. the Gov rnment, resign from the + flice of the Chairperson or as the case may be, of member at any time, - The Government shall remove a person from the office of the member if that person,-- becomes-an undischarged insolvent; or is' convicted:and sentenced to imprisonment for an offence which, 'in ‘the opinion of the Government involves moral turpitude; or becomcs. of ‘unsound mind and stands so declared by a Competent Court; o¢ refuses " “foact’ ¢r becomes, incapable of acting; or 5, without obtcining leave of - absence from. the “Commiscion absents for three consequtive meetings of ‘he Commission; or has, in tle opinicn of tte Government, so abused the - position ¢f - Chairperson or member ' as - to: ‘rerder <that person’s conti- mance in office detrimental to the inter- cests of - backward - clesses ' or the public interests ; Prcvided © that no person shall be re- moved under this clause until that persop
THE ASSAM GAZETTE, EXTRAORDINARY, NOV,24, 1993 997 Officzrs and other emplo« yees of the Commission . Salaries & Allowances to be paid out of .gra- nts, s Vacancies etc. not to l'_nv alidate proceeding of the Commission’ Procedure to beregu- lated by the Commission. (4) (3) 1 has been given an . opportunity of being heard in the matter, A 'vacancy, caused under sub-section (2), or, otherwise shall be filled by fresh nomi- nation. _ , The salaries and allowances payable to and other terms and conditions of service- of the - 'Chairperson and = members shall be such as may be prescribed. 5./(1) The -Government shall provide the Commi- (2) ssion’ with such Officers and employeesfas may be necessary for the efficient perfor- mance of the functions of the Commission. The salaries and allowances payable to and the other terms and conditions of service of the officers and other employees appoin- ted 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 admi- nistrative expenses; including salaries, allo- wances 'and < pensions . payable to the offi- cers and: other employees referred to 1n 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 Commissicn. 8.(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) Ali orders and decisions of the Commission shall be authenticated by the Member-Secretary
998 THE ASSAM GAZETTE, EXTRAORDINARY, NOV, 24, 1993 or any other officer of the Commission -7 - . duly authorised by the Member-Secretary in this behalf. : CHAPTER III FUNCTIONS AND POWERS OF THE COMMISSION लक 9. (1) The Commission shall examine requests sslon. for inclusion of any class of citizens as a backward class in the lists and hear com- plaints of over-inclusion or under-inclusion of any backward class in such lists and tender such advice to the Government as it deems appropriate: (2) The advice of the Commission shall ordi- narily be binding upon the Government. o It 10. The Commission shall, while performing its s, 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 Assam and examining him or oath ; (b) requiring the discovery and production of any document ; (c) receiving evidence on affidavits ; (d) requisiticning any public record or - copy thereof from any court or office; (6) issuing Commissions for the examination of witnesses and documents ; and (f) any other matter which may be prescribed. Periodic 11.(1) The Government may, at any time and revision of . . lists by the Shall, at the expiration of ten years from the Government.coming into force of this Act and every succeeding period of ten years thereafter, undertake revision of the lists with a view to excluding from such lists those classes who have ceased to be backward
THE ASSAM GAZETTE, EXTRAORDINARY, NOV., 24, 1993 999 Grants by the Govern- ment. 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 12.(1) The Government shall, after due appropriation made by Legislative Assembly by law in this behalf pay to the Commission by way of _ grants such sums of money as the Government Accounts and Audit. may think fit for being utilised 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 expen- diture payable out of the grants referred to in sub-section (1): 13.(1) The Commission shall maintain proper accounts and other frelevant records and prepare an annual statement of accounts in such form as may be prescribed by the Government in consul- tation with the Accountant General of Assam. (2) .The Accounts of the Commission shall be audited - by the Accountant General at such intervals as may be specified by him and any expenditure incurred in conmection with such audit shall be “payable by the Commission to the Accountant ‘General.. कि. ; (3) The Accountant General 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 85 'the Accountant General generally hasin connection with the audit of Government accounts and, in particular, shall have the right to demand the wproduction of books,.;accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Commission.
1000 THE ASSAM GAZETTE, EXTRAORDINARY,NOYV. 24, 71993 Annual 14, The Commission shall prepare, in such form report. . B % and ‘at such time, for each financial year, as may be prescribed, its annual report, giving/a-{ull account of its, activities during the previous financial year and forward a copy thereof to the Government, Annualrepo- 15, The Government shall cause the annual report rt and audit . . report to be tOgether with a memorandum of action taken on - Jbeforé ithe. advice tendered by the Commission under section Assembly, 9 and the reasons for the mnon-acceptance, if any, 14 of any such advice, and the audit report to be laid as soon:' as may be after:they are received before Assam ' Legislative Assembly. CHAPTER—V. MISCELLANEOUS Chaigparton 15111160 The 'Chairperson, member and em- < Bnd empioy- ployees: of the Commission shall be'deemed ees of the to 'be -public servants ~within'the meaning . toCobepmmiusbstn_ocn of Section 21 of the Indian Penal Code; 1860. 45 of 1360 servant. Payen to 17.(1) The ' Government may, by notification eI inthe official ‘Gazette, make rules for carrying out ' the- provisions वर्ण 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 toand the other terms and conditions of: service of the Chairpetson - and ' members under sub-section (5) of the Section4and of officers and other employees unider sub-section: (2)- of Section: 5 हु 8 {b) the form in which the annual statement 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;
THE ASSAM GAZETTE, EXTRAORDINARY, MOV 24,1993 1001 i (d) any othcr 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 the Legislative Assembly, while it isin session, for a total period of thirty days which ¢ may be comprised in one session or in two or more successive scssions, and if before the = expiry of the sessicn immediately following the session or the successive session aforesaid, the assembly agree in making any modification in the rule or the Assembly agrees that the rule should not be made, the ruie shall there- after have effect only in such mcdified form or be of no effect, as the case may be ; so, howevcr, that any such modification or an- nulment shall be without prejudice to the validity of anything previously done under that rule. Powers to 18, (1) If any difficulty arisesin giving effect to = emove dif— o ¢ fculties the provisions of this Act, the Government may, by order published in the Official Gazette, s make provisions, not inconsistent With the £ provisions of this Act as appear to it to be necessary or expendicnt, for removing the diffi- culty- (2) Every order made under this section shall, as soon as may be after it is made be laid before the Assam Legislative Assembly. Repeal and 19 (1) The Assam Backward Classes Commission ek Ordinance, 1993 Assam Ordinance No 1 of 1993 is hereby repealed. , (2) Notwithstanding such repeal anything done or any action taken under the said Ordinance, shall bedesmed to have been done or taken under the corres pondingprovisions cf this Act. Q पट LA ;’ ‘AR, s Secretary to thie Govi- of Assam, Legislative Departmient. GUWAHATI—Printed and Publiched by the Dy. cior (7, Directorate Ptg.&Sty. Assam; Guw:lati-21, Lx Gazsite, No. 27.—1005-400-54-11-93.