/, S82 (6) "lvt';!? mftr.!f. ?' 29 ? -1995 ----- MADHYA PRADESH ACT i-1, .j i ?tlons: THE MADHYA PRADESH RAJYA PICHHADA V ARG AYOO ADHINIY AM, 1995. ', ' TABLEOF CONTENTS .
CHAPTER 1- PRELIMINARY • .
1. Short title, extent and commencement.
2. Definitions. i • ' i • ·'''
CHAPTER II-THE STA TE COMMISSION FOR BACKWARD CLASSES
3. Constitution of Stole Commiision for Dack ward Classes.
4. Tenn of office and conditions of service of Chairperson and Members . . -:- - . ---- . 5, Officers an?her employees of the Commission.
6. Salaries and allowances to be paid out of grants. ·
7. Vacancies etc. not to invalidate proceedingsof the Commission,
8. Procedure to be regulated by the Commission. ; .. ' CHAPTilR llI-FIJNCTIONS AND POWERS OF nm COMMISSION ... .'
9. Functions of the Commission. : 10. Powers of the Commission. 1 I . Periodic revision of lists by the State Government.
CHAPTER IV-FINANCE, ACCOUNTS AND AUDIT
12. Grants by the State Government.
13. Accounts and Audit.
14. Annual Report. . . '.; .....____;_J._,. 7"""
15. Annual rep? and audit report to.lie laid before the Legislative.Assembly.
CHAPTER V?MISCBLLANEOUS
16. Chairperson, Members and employees of the Commission to be public servants.
17. Protection of action taken in good faith. ":····-1· ' ' . ' ,.. ·?no:>?· . .· 1-·· ' . ' ;_ ....
18. Power to make rules..
19. Power to remove difficulties.
20. Dissolution and Saving. SB.! (7) MADHYA PRADESH ACT ? .,._ -No. 26 OF-l9YS:- THE MAD HY A PRADESH RAJY A PICHHADA VARGA YOG ADHINIYAM, 1995. [Received the assent of the Gr>vemor on th1. 24th May, 1995; ,ssent first publishedin the "Madhya Pradesh Gazette (Extra-ordinary)"dated the 29th June, 1995.]
CHAPTER I-PRELIMINARY An Act to constitute a State Commls?ion for D11ckward Classes other than the Scheduled Castes -.. .I and the Scheduled Tribes and to provide for matters connected tht:rewlth or Incidental thereto. Be it enacted by the Madhya Pradesh State Legislature in the Forty-sixthyear of the Republic or India as follows :- t'Ofllllltlll'Clll('ll1,I. (I) 11,is Act mny he called the Madhya Pradesh Rajya Pichhacla Varg Ayog Adhiniyam, 1995. Short titlc,cxtmt and l>cfinlUonH
(c) "List" means list or backward classes as preparedby the Slalc (;ovcr11111cnt vi ell' Notifi<;alinn No. F- 85-XXV.•4-84, dated the 26th December, 1984, as amended from time to time;
2. ln thi? Act, unless the context otherwise rcquires-
(a) "Backwaru?hsscs" 'means such backwardsclasses of ;itizens other than the Scheduled Castes and. the Sd1cdulcd Tribes as arc specified hy the State Government vide Notification No. F. !15-XXV-4-84, <lated the 26th December, 1984 as amended from time to time.
(b) "Commission" means the Madhya Pradesh Rajya Pichhada Varg Ayog constiuncd under Section 3;
(3) It shall c<HHC into force on such date as the Stntc (jovcrnn1cnl 11111y,hy notifkntion, nppoinl.(2) It extends to the whole of the State of Madhya Pradesh.
(d) "Member" means a Member of the Commission and includes the Chairperson.
CHAPTER II-THE STATE COMMISSION roa BACKWARD CLASSES r
3. (I) TI1e State Government shall constitute a body to be known as the M\1dhyaPradesh Rajya Pichha<la V arg Ayog to exercise the powers conferred on and to perform the functions assigned to it under this Act. Coni,;tltullon of Stntc CommL,sion for Backward Cla..l(SCS, Tcm, of office and conditions of se rvl e e of ChRtrpcr"m and M•1i1hcrs,
(2) The Co1111nission shall consist of the following memhers,-
(a) three non-official members who have specialknowledge in the matters relating to backward classes of whom one shall be the Chairperson, to be appointed by the Stale G?mment;,__ _ --- . __
Provided that atlcast one of the members shall he from amongst Backward Classes.
(b) Director, Backward Classes Welfare, Madhya Pradesh.
4. (I) Every non-official member of the Commission shall hold office for a term of three years from the' date he assumes charge of his office. 582 (B) Tl!7-i"'X?.'!T?, ITT1'F 29 '?-" 199 S
(2) A member may, by writing under his hnnd nddresscd to the Stnto Oovcrnmcnl, resign from the office of Chairperson or the case may be, of member at any time.
(3) The State Government shall remove a person from the office of member if that pcrson-
(a) becomes an undischarged insolvent: (bjis convicted and sentenced to imprisonment for on offence which, in the opinion of the State Government, involves moral turpitude;
(c) becomes of unsound mind and stands so declared by a competent court;
(4) A vacancy caused under sub-section (2) or otherwise shall be filled by fresh nomination and the p,·is<Jn so n<>111inatcdshall hohl office for the remainder terms of his predecessor.
(5) The salaries and allowance payable to, and the other terms and c,mditions of service of, the Chairperson and Members shall be such as may be prescribed.
(d) refuses to net or becomes incapable of acting: ...;. (c)is-;-wiOwutobtulning leave of absence ft nm the Commission, absent from three consecutive meetings of the Co1nrnission; 01 .
(f) has, in the opinion of the State Government, so ahused the positi?nof Chairperson or Member a, to render bis continuance in office detrimental to the interests of backward classes or the public interest:
Provided that no person shall be removed under this clause unless he has been given an · opportunity of being heard in the matter. ·
(2) The salaries and allc-vanccs payable to and the other terms and conditions of service of the officers and other employees appointed for the purpose of the Commission shnll he such as may be prescribed.
5. (I) The State Government shall appoint a Secretary to the Commission and provide the Commission with such other officers and employees as may be necessary for the efficient performance of the functions of the Commission. Offlctn and other c1111,loyC't'!Ior tbe CommL"31on.
8. ( I J The Commission shall meet as and when necessary at such time and place as the Chairperson may think fit ..
(2) The Commission shall rcgulare 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 authorised by the Secretary in this behalf. ' ' . '>
7.. No act or proceedingof the Commission shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution or the Commission.V 11eanclf111,etr, not be lnv111l1late proceedln&1orthe Commission. rroctdur, to he regulated by the Commk<lon. Salaries and.,.;, 6.-Toc snh .. ies and allowances puyuhlc to the Chairperson and members and the administrative allowances lo be expenses, including salaries, allowances and pensions payable to the Secretary, officers and other paldoutofgTnnts. d · employees referred to in Section 5, shall be pai out of the grants referred to in sub-section (1) of Section 12, , ·
CHAPTER \Il-FUNCTIONSAND POWERS OF THE COMMISSION Functions of tht Commb."ilOn,
9. (I) It shall be the function of the Commission,-
(a) to act as watch-dog commission for the protectionafforded to the i11e111bersof the backward classes under the Constitution and under any other law for the time being in force. '-• !., tl :>. (')) =====-·=============
(b) to watch the proper and timely implementation of programmes meant for the Welfare of backward classes and to suggest improvemcor in such programmes of the State Governn? or anyother body or authorityresponsible for implementation of such programmes.
(c) tender advice regarding reservation for buck ward classes in public services nnd for admission in educational institutions. ·
(d) to examine requests for inclusion of any of the citizens as backward classes in the list prepared by State Government from time to time for purposes of making provision for the reservation in appointmentsin. the posts and here complaints of over-inclusion or under-inclusion of ?ny backward class in such lists and tender such advice tothe State Government 11s it deems appropriate; '
(e) ascertain the categoryof personor groups falling under the creamy layer within the backward classes; i ' (I) lo perform such other Junctions us mny he assigned to ii by the State Government.
(2) The ml vice of the Commission shull, ordinarily he hinding upon the State Government; where, however, the Government does not accept U1e advice, it shall record its reasons therefor. I 0. The Co1111nission •,hall, whik performing its functions under sub-section (I) of Section 9, have l'owero of the ull the powers of a Civil Court tryinp 11 suit and in particular, in respect ol the following mutters. Comml.slou. namely:-
(a) summoning ;.ljl enforcing the ;..,(cndancc of any person fi-0111anypart of the Slate and examining him on oath;
(b) requiring the discovery and prmluction of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office; /
(c) issuing commissions for the examination of witnesses and documents; and '
(f) any other matter which 'may be prescribed.
11. ( l) The State Government may al any time, and shall, al the expiration of ten years from the coming into force of this Act and every succeeding period of ten years thereafter, undertake revision of the lists of Backward Classes with a'view to excluding from such list those classes who have ceased to I be backward classes or for including in such list new backward classes.
(2) The State Government shall, while undertaking any revision referred to in sub-section (I), consult the Commission.
CHAPTER IV-FINANCE, ACCOUNTS AND AUDIT
12. (I) The State Government shall, after due appropriation made by Legislative Assembly by law in this bchul I, pay to the Q;i,,nmission-hy wn:r of grants such sums of moneyns 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, arid such sums shall be treated as expenditure payable out of the grants referred to in sub-section (I).
13. (I) The Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such rorm as may be prescribedby the State Government. Periodic revision or lists by the State Government. (;rant. by the Stole ( ;ovcnunent, Accounts and Aud II. 582 (10)
(2) 111L Accounts of the Commission shall be audited by the Accountant General of Madhya P: adesh atsuch 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. AT •. \IJl Report. 14. The Commission shall prepare, in such form and at such for each financial year, as may be prescribed, its annual rep?ni.,giving a full account of its ncti viucs during the previous financial year and forward a copy thereof to the State Government. Annual nport. and audlt report lo be IAld h<'forC' the Lcgl?J11tlve A11.cirmhly.
15. The State Government shall cause the annual report together with a memorandum of action taken on the advice tendered by the Commission under Sections 9 and 11 and the reasons for the non acceptance, i r any, of any such advice and 111c adult report lo be laid as soon as may be after they arc received before the Legislative Assembly. ·
CHAPTER V-MISCf]"LANEOUS I?. (I) The Slate Govcrnmc nt may, hy noufication in the Official Gazette. make rules for currying out the provisions of this Act.
17. No suit, prosecution or other legal proceeding shalt lie against any member, officer or employee of the Commission for anything which is in good faith done or intended to be done under this Act. rovn·r lo m n k r rules. ?:"ha11r fl e rs On,· 16. The Chairperson, Members, Officers and cmplovc,_'S of the Commission shall be deemed to be 1nflll1H'rll nn? l \' , I . l ' r,.... • 2 f l I- 1· (> IC' l rmployee? or llH·..ai/n11 re sc.ryu11_l::; wit \Ill ?\C tnca::;,,? '" .,-.,.._-:tton 1 o t ie m inn ena .ouc, 18tD (45 of 1860). Commission to be puhllc Servants, Protection of action taken In Jl;OOOfaith.
(2) l n 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 service of, the Clwirpcrson ;111d Members .under suli section (5) of Section 4 ;uHI the Secretary, Officers and other employees under sub-section (2) ur Seel i1 in 5 ..
(h) the form in which the annual statement of accounts shall be prepared umler-suh-scction (I) 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 lo be, or may he, prcscrilicd.
(3) Every rule made under this Act shall he laid as soon as may be after it is made on the table of the Lcg.islalivc Assembly. . \,
Provided that no such order shalt he made after the expiry of a period of two years froiu the date' of C<)mmcncuncnt of this Act. -19? (L) Jr :\11)' d_ifficulty •ll i:-.c;-, ;11 5iving effect to the provisions of tllis Act, the State Government may, by order published in the Official G?w.:ttc, make provisions,_not inconsistent with the provisions of this Act as appear lo it to be necessary or expedient, for removing the difficulty : Power to remove .-.JI dlfficultks.
(2) EvTry order made under this section shan n? soon as may be uftcr it is made, he la\d on the tnb\e of the Le?isluti vc Assembly. rn?!I011111on 11111\ • 70 (I) T11c M:1dhya Pr:Hk<:h Backward Cbsscs Commission constituted vidc Notification Nn. F Suvlng. 12-211-XX.V .,1. 1)2, dalnl l .It 1t r-.ti, L:li I I<)()' -.1i,d I st :111d d issohTd ( )Tl 1lw l'OllSt itlll i( 111 of tl,r: Com rn ission under Section 3.
(2) Not\vithstanding such dissolution, Jnything done or any action taken by the said Commission or hy the State Government in pursuance of it? recommendation shall he deemed to have been Jon?ur taken under tile corresponding provisions of thi'.; !Vt · ?-- ·--??----·----'·-· ?-----?